[Adopted 4-23-2012 by Ord. No. 12-08]
As used in this article, the following terms shall have the
meanings indicated:
A recycling, composting, materials recovery or reuse facility
which accepts construction and demolition debris and which is an approved/licensed
New Jersey Department of Environmental Protection Class A-D recycling
center, or a facility recognized by the Municipal Recycling Coordinator.
A new construction or demolition project for which a building
permit and/or demolition permit, as those terms are defined elsewhere
in the Borough Code, is required, excluding single-family and duplex
residential, or a remodel/addition/alteration project with construction
valuation equal to or greater than $50,000, excluding single-family
and duplex residential.
Waste building materials, packaging, and rubble resulting
from construction, remodeling, repair, alteration, and/or demolition
operations on pavements, houses, all residential and nonresidential
developments, and other structures and may include, but is not limited
to, concrete, asphalt, wood, metals, bricks, block masonry, dirt,
rocks, and landscape waste.
The form prescribed and provided by the Borough on which
an applicant for building permit and/or demolition permit shall provide
information including, but not limited to, the types and amounts of
construction and demolition debris diversion the applicant has achieved.
The final depositing of solid waste other than construction
and demolition debris at a permitted landfill or facility.
The reduction or elimination of solid waste from landfill
disposal.
Any solid waste that is defined or identified as a hazardous
waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261 or as set forth elsewhere
in the Borough Code.
The Municipal Recycling Coordinator of the Borough.
The Recycling Enforcement Officer of the Borough.
The form prescribed and provided by the Borough on which
an applicant for a building permit and/or demolition permit shall
provide information including, but not limited to, the types and amounts
of construction and demolition debris the applicant anticipates each
building permit and/or demolition permit will generate and the construction
and demolition debris diversion expected to be achieved. The waste
reduction and recycling plan shall also detail how the applicant shall
ensure that at least 50% of all construction and demolition debris
will be separated and reused, recycled and otherwise diverted from
disposal.
A.
Except as otherwise provided in this article, a waste reduction and
recycling plan shall be filed by the entity performing the covered
project with the Municipal Recycling Coordinator and/or Recycling
Enforcement Officer prior to the commencement of a covered project.
The waste reduction and recycling plan shall identify the types and
estimated quantities of construction and demolition debris to be generated
from the covered project, how each material will be managed, and the
name of each Approved Recycling Facility or service provider that
the entity performing the covered project will use to manage each
material. The plan shall further detail how the entity performing
the covered project shall ensure that a minimum of 50% of the materials
to be generated will be separated and recycled.
B.
No building permit or demolition permit shall be issued unless the
entity performing the covered project has submitted a properly completed
waste reduction and recycling plan approved by the Municipal Recycling
Coordinator and/or Recycling Enforcement Officer pursuant to this
article.
C.
The Municipal Recycling Coordinator and/or Recycling Enforcement
Officer shall review the submitted waste reduction and recycling plan
and approve said plan if it contains all information required by this
article. The approved waste reduction and recycling plan shall be
marked "approved" and returned to the entity performing the covered
project.
D.
The waste reduction and recycling plan may be denied under the following
conditions:
E.
A waste reduction and recycling plan that is not approved shall be
returned to the applicant with a written notification stating the
reason said plan has not been approved. In order to obtain the building
or demolition permit sought, the entity performing the covered project
shall make the required changes and resubmit the debris recovery plan
to the Municipal Recycling Coordinator and/or Recycling Enforcement
Officer.
A.
Construction and demolition debris shall be measured by weight or
by volume, whichever is most accurate and practicable. All construction
and demolition debris shall be weighed on a scale which is in compliance
with all federal, state, and local regulatory requirements for accuracy
and maintenance of such scale.
B.
Construction and demolition debris for which the measurement by weight
is not practicable, shall be measured by volume and the volumetric
measurements converted to weight using the standardized rates established
in the Borough construction and demolition debris conversion rate
tables.[1]
[1]
Editor's Note: The conversion rate tables are on file
in the Borough offices.
C.
The Municipal Recycling Coordinator and/or Recycling Enforcement
Officer reserves the right to establish weights for various types
of construction and demolition debris based upon accepted average
weights for such items. Any such weights shall be listed in the Borough
construction and demolition debris conversion rate tables.
A.
Upon completion of the covered project, but before the final inspection,
the entity performing the covered project shall submit in person or
by certified mail to the Municipal Recycling Coordinator and/or Recycling
Enforcement Officer the documentation required to demonstrate that
the entity has met the diversion requirement. The required documentation
shall include the following:
(1)
A completed construction and demolition debris summary report, signed
by an authorized representative of the entity performing the covered
project, indicating the quantity of each material generated during
the covered project diverted or disposed;
(2)
Receipts from all approved recycling facilities or service providers
utilized to divert and dispose materials generated during the covered
project; and
(3)
Any additional information that the entity performing the covered
project believes is relevant to determining compliance with the diversion
requirement set forth in this article.
B.
All proof showing satisfactory diversion of construction and demolition
debris shall be submitted on a yearly basis (calendar year) or upon
substantial completion of the covered project, whichever is sooner.
The Municipal Recycling Coordinator and/or Recycling Enforcement
Officer shall review the construction and demolition debris summary
report and any other information submitted pursuant to this article
and determine whether the entity performing the covered project has
complied with the construction and demolition debris diversion requirement
set forth herein. This compliance determination shall be provided
to the entity carrying out the covered project in writing.
The Municipal Recycling Coordinator and the Recycling Enforcement
Officer are hereby individually and severally empowered to enforce
the provisions of this article. Enforcement of this article may include
random inspections of the construction and demolition debris set out
for disposal in order to determine compliance with this article.
Any person, corporation, occupant, or entity that violates or
fails to comply with any provision of this article or any of the rules
and regulations promulgated hereunder shall be fined in accordance
with the graduated scale set forth herein:
The Borough may, by resolution, set forth rules and regulations
and prescribe standard forms for the implementation of the provisions
of this article.
