[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Ch. XVII of the Revised General Ordinances).
Amendments noted where applicable.]
[Amended 4-28-2008 by Ord. No. O-11-08]
A.
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
hereafter. When not inconsistent with the context, words used in the
present tense include the future; words in the plural number include
the singular number; and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
discretionary.
B.
ASHES
BOROUGH
BUILDING MATERIALS
BUNDLES
BUSINESS TRASH
COMMERCIAL, INDUSTRIAL AND PROFESSIONAL PROPERTIES
CONTAINER
COORDINATOR
DEPARTMENT
DIRECTOR OF PUBLIC WORKS
GARBAGE
HAZARDOUS WASTE
HOSPITAL/RED BAG WASTE
HOUSEHOLD TRASH
INDUSTRIAL WASTE
LITTER
MULTIPLE-DWELLING COMPLEX
MULTIPLE-DWELLING UNIT
PERSON
RECEPTACLE
RECYCLABLE MATERIALS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(a)
(b)
(c)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
REGULATIONS
SINGLE RESIDENTIAL UNIT
SOLID WASTE
(1)
(2)
(3)
STREET
(1)
(2)
(3)
(4)
YARD WASTE
As used herein, the following terms shall have the
meanings indicated:
The residual from the burning of wood, coal, coke or other
combustible materials.
The Borough of Wharton.
Any material, such as lumber, brick, plaster, gutters, roofing
shingles or other substances, accumulated as a result of repairs or
additions to existing buildings, construction of new buildings or
demolition of existing structures.
Normally loose items which shall be collected if organized
into bundles of not more than four feet in length and tied with heavy
twine, rope, wire, etc. Bundles shall be organized as to be conveniently
handled by one person. No bundle shall exceed 50 pounds in weight.
Any waste, accumulation of dirt, dust, food, paper, cardboard,
excelsior, rags or other accumulation, other than household trash,
which is usually attendant to the operation of stores, offices or
similar businesses.
Any retail, manufacturing, wholesale, governmental or other
nonresidential establishment.
See "receptacle".
The Solid Waste, Recycling and Clean Community Coordinator
for the Borough of Wharton.
The Borough of Wharton Public Works Department.
The Director of Public Works for the Borough of Wharton.
Putrescible animal and/or vegetative waste resulting from
the handling, preparation, consumption or cooking of food, and shall
include any fecal waste from any animal or bird (when fecal matter
has been separated from other waste and is double-bagged prior to
placement for collection).
Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment,
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing, biologically infectious, explosive,
flammable or radioactive and any waste so designated by the United
States Environmental Protection Agency or the New Jersey Commissioner
of the Environmental Protection Department.
Includes, but is not limited to, all instruments, supplies,
containers, bandages, tubing, gloves, etc., used by health-care practitioners
and facilities as described in the New Jersey Department of Health
regulations and New Jersey law, section 306 of the Manual of Standards
for Hospital Facilities, and N.J.S.A. 2C:36-6.1.
Every waste accumulation of paper, sweepings, dirt, dust,
rages, bottles, cans or other matter of any kind, other than garbage,
which is usually attendant to housekeeping.
All waste, including solids, semisolids, sludges and liquids,
created by factories, processing plants or other manufacturing enterprises.
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material or any combination thereof,
including but not limited to any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
Any building or structure and land appurtenant thereto containing
more than 20 living units (such as townhouses, condominiums and apartment
houses).
Any building or structure and land appurtenant thereto containing
20 or more living units.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A container constructed of such material and in such a manner
as to hold solid waste and trash and other such items without breaking
or collapsing. Receptacles shall have handles and covers so that their
contents are not exposed to the weather, animals and vermin. The receptacle
shall be of such a design and weight as to be able to be conveniently
handled by one person. No container shall exceed a weight of more
than 50 pounds when loaded. Commercial garbage receptacles and fifty-five-gallon
drums are not acceptable as containers. Receptacles which, in the
opinion of the Department, are badly broken or fail to meet the requirements
of this chapter may be classified as "household trash."
All waste materials which have the ability to be returned,
through processing, to their former or alternate use. Following are
examples, but recyclable materials are not necessarily limited to
these definitions of materials mandated to be source-separated and
recycled in Morris County, New Jersey:
ALUMINUM CANSCans made from aluminum that were manufactured to hold a serving of a beverage. Specifically omitted from this definition are aluminum foil and aluminum pie plates.
GLASS BOTTLES AND JARSBottles and jars made from glass, including clear, brown and green glass. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. A jar is defined as a wide-mouthed container that can be capped. Caps and lids not included. Specifically omitted from this definition are drinking glasses, windows, mirrors, light bulbs, and anything made of Pyrex® or ceramic.
PLASTIC BOTTLES (coded 1 and 2)Plastic bottles coded to indicate that they are comprised of the specific types of plastic compounds (polymers) known as polyethylene terephthalate (PETE) or high-density polyethylene (HDPE). See symbols below. A bottle is defined as a receptacle having a narrow neck and a mouth that can be corked or capped. Caps and lids are not included. Any item made of plastic that is not a bottle and any plastic bottle without one of the symbols shown below is specifically omitted from this definition. Empty bottles which contained hazardous materials, such as motor oil, antifreeze, etc., should not be recycled.
STEEL (TIN) CANSAn airtight container for the distribution or storage of goods, composed of thin, usually ferrous, metal. Examples are soup cans and tuna fish cans.
NEWSPAPERA publication containing news, information and advertising, usually printed on low-cost paper called newsprint. "Newspaper" may include glossy inserts which come with the paper, dependent upon the market conditions at the time.
CORRUGATED CARDBOARDShipping containers made with kraft paper, linerboard and corrugated medium.
MIXED PAPERVarious categories of recyclable paper, including, but not limited to, white and colored paper used in printers, photocopiers and fax machines, white and colored ledger paper, carbonless copy paper, construction paper, undeliverable mail, mailed promotional letters/advertisements/circulars, magazines, catalogues, envelopes, soft-cover books.
LEAVES, GRASS, BRUSH:
LEAVESVegetative material, typically generated in the autumn when they fall from trees and then are raked from residential and/or commercial lawns.
GRASS CLIPPINGSVegetative material generated when grass (lawn) is cut.
BRUSHBranches, woody plants and other similar vegetative material. Leaves and grass do not constitute brush.
NATURAL WOOD WASTELogs, stumps, branches and other wood tree parts. Dimensional lumber is omitted from inclusion in this definition.
OIL-CONTAMINATED SOILNonhazardous soil that contains petroleum hydrocarbons (gasoline, diesel, kerosene, jet fuel, No. 4 and No. 6 heating oils and certain other refinery products including coal tar). This type of soil shall be determined to be nonhazardous in accordance with the standards set forth in N.J.A.C. 7:26.
USED MOTOR OILMotor oil from motor vehicles, lawn mowers, boats, etc., which has served its intended useful purpose.
LEAD-ACID BATTERIESStorage batteries in which the electrodes are grids of lead containing lead oxides that change in composition during charging and discharging, and the electrolyte is dilute sulfuric acid. These include starting batteries such as car batteries that deliver a short burst of high power to start the engine. In addition, they may include deep cell batteries found on boats or campers used to power accessories like trolling motors, winches or lights.
HAZARDOUS DRY CELL BATTERIESRechargeable batteries, such as nickel-cadmium, nickel-iron, nickel-metal hydride, lithium ion, small sealed lead acid, etc. These are often used as substitutes for nonrechargeable batteries in standard sizes such as AAA, AA, C, D and 9V. Rechargeable batteries are commonly found in cordless tools, cellular and cordless phones, laptop computers, cameras, remote controls, toys, etc. Also included in this definition are nonrechargeable batteries that are hazardous, as defined by the Resource Conservation Recovery Act (RCRA), regardless of the RCRA exclusion of household waste from the definition of hazardous waste pursuant to 40 CFR 261.4(b). Nonrechargeable, hazardous batteries include older alkaline and carbon zinc batteries as well as silver oxide, mercury and magnesium button-type batteries, etc. It should be noted that domestically manufactured alkaline and carbon zinc nonrechargeable batteries made after circa 1994 eliminated mercury content to the point that they should not be considered RCRA hazardous, and therefore are not included in this material category.
METAL APPLIANCESAppliances composed predominantly of metal and may include stoves, washing machines and dryers, for example, if the appliance is predominantly metal. Also included are air conditioners, refrigerators and dehumidifiers if they are predominantly metal. If these appliances on the latter list contain refrigerants that are prohibited by the Clean Air Act from being knowingly vented, the refrigerant must be recovered accordingly.
WHOLE TIRESTires that are whole, not chipped into small pieces. Tires are allowed to be recycled and/or incinerated for energy recovery.
Includes such rules, schedules or times promulgated by the
Director of Public Works and adopted by the Borough Council to carry
out the intent of this chapter.
Any dwelling place occupied by one family.
All garbage and rubbish normally generated by the occupants
of residential and other property, disposed of by private and/or public
collection and defined as "solid waste" by the New Jersey Solid Waste
Management Act (N.J.S.A. 13:1E-3). Items classified as recyclables
shall be prohibited from being placed or co-mingled with other materials.
The Borough of Wharton is licensed by solid waste permit to collect
three types of waste:
TYPE 10, MUNICIPAL WASTEResidential, commercial and institutional solid waste generated within a community.
TYPE 13, BULKY WASTELarge items of solid waste which, because of their size or weight, require handling other than normally used for municipal waste. Bulky waste includes, but is not limited to, such items as tree trunks, parts of auto bodies, demolition or construction material, appliances, furniture and drums.
TYPE 23, VEGETATIVE WASTEIncludes, but is not limited to, tree limbs, branches, leaves, grass clippings, plants and flower residue, etc.
Any right-of-way, avenue, boulevard, road, parkway, viaduct,
drive or other way, which is:
An existing state, county or municipal roadway;
Shown upon a plat approved by the Planning Board
or Zoning Board of Adjustment and built in accordance with Borough
standards and which may be either public or private; or
Shown on a plat filed with the office of the
County Clerk of the County of Morris prior to the creation of the
Planning Board or Zoning Board of Adjustment of the Borough of Wharton;
and
Not dedicated, in whole or part, as a parking
area or driveway which provides access to any building or structures.
Any waste accumulations of grass, leaves or shrubbery, cuttings
or clippings, tree branches, tree limbs, parts of trees, bushes, shrubbery
or other material usually created as refuse in case of yard maintenance.
Yard waste shall be free of dirt, rocks and other bulky and noncombustible
materials and shall be separated for purposes of collection into grass
clippings and leaves and other materials.
A.
Use of vehicle. Every person or persons or corporation
who shall transport any of the above through or along any street in
said Borough shall use a vehicle properly constructed and furnished
with a sufficient covering so as to prevent the escape of the contents
thereof.
B.
Vehicles not to stand in streets. No such vehicles
shall stand in the streets or other public places at any time except
when being loaded.
All licensed solid waste haulers servicing residential,
commercial and/or institutional premises located within the boundaries
of the Borough shall be required to complete and submit tonnage reports
of solid waste types collected within said boundaries, excluding recyclables,
on a quarterly basis to the Board of Health of said Borough.
A.
Collection sectors, together with the dates of collection,
shall be established by regulations of the Department. In the event
of emergent situations and inclement weather, such as ice and snow
storms, high winds and/or heavy rains, the Department may suspend,
restrict or modify the provisions of this chapter. Should any of the
above situations occur, collection for the service which was suspended
will resume on the next regularly scheduled collection day.
B.
The following shall constitute holidays on which collection
will not be made:
A.
With the exception of qualified private communities as defined in N.J.S.A. 40:67-23.2, which have entered into a separate agreement with the Borough, property owners and their agents, lessees, tenants or other occupants who wish to have their solid waste disposed of by the Borough shall place solid waste from their units in appropriate containers, receptacles and/or bundles as specified at the street curb, if one exists, or adjacent to, but not on the street pavement if there is no curb. The number of containers shall not exceed six per dwelling on a single collection day; however, such limitations on the number of containers per collection day shall not apply to private, elementary or secondary schools. If residents plan to exceed six items or put out items that are over four feet in length or weigh over 50 pounds, they must call the Director between the hours of 8:30 p.m. and 4:00 p.m. at least one working day prior to their published collection day. They must describe the number of items placed out for collection, their volume and provide their address. Residents must also obtain stickers in accordance with § 264-16F(1) of this chapter. The Department shall reserve the right to determine the maximum capacity per truck and, therefore, the right to limit the number of special collections according to volume per route.
B.
Subject to the provisions of § 231-14K(16) of Chapter 231, Property Maintenance, of the Code of the Borough of Wharton, receptacles shall be placed as specified above beginning at 5:00 p.m. of the day preceding the collection day. All containers with solid waste shall be placed by 6:00 a.m. of the collection day, and those placed after said hour may not be collected if said collection activity has already taken place. Solid waste receptacles shall be removed from the curb or pavement edge by 9:00 p.m. of the evening of the collection day.
[Amended 4-28-2008 by Ord. No. O-11-08[1]]
C.
Properties shall be permitted to place solid waste
for collection pursuant to this chapter and regulations issued by
the Borough Council. Said regulations shall, as a minimum, state the
type and number of receptacles and shall provide for regular, special
and unlimited pickup, subject to limitations of the municipal budget
of the Borough.
D.
The Department may, provided that sufficient capacity
of the routes remain, permit additional receptacles to be placed,
provided that special prior arrangements have been made with the Department.
E.
No collection of solid waste shall be accomplished
on property outside of the dedicated public right-of-way unless and
until a release and a hold-harmless and indemnification agreement
between the property owner of record and the Borough shall be executed
and in force. The owner of record shall also execute a license to
the Borough to permit access to the premises in question. These premises
shall only be served after the Department has deemed the roadway navigable
and offers maneuverability to municipal equipment. It shall be the
responsibility of the property owners and their agents, lessees, tenants
or other occupants residing at said premises to maintain the roadway
and vegetative overgrowth. Failure to meet these requirements will
result in loss of services until such time as they are met as determined
by the Department.
F.
Residential and nonresidential institutions will be served in accordance with the provisions of Subsections A and B of this section, provided that institutional driveways are navigable and offer maneuverability to Borough collection vehicles. No provisions are made for the collection of waste materials such as tires, waste oil and red bag (medical waste) or any other waste not collected from a private household.
Solid waste disposal service shall not be provided
to any federal, state, county or municipal government properties other
than properties of the Borough and its school facilities, or to multiple
dwelling complexes, except a qualified private community as defined
in N.J.S.A. 40:67-23.2, or to medical facilities or offices, except
offices located in a residential structure.
The following items are prohibited from being
placed for collection:
A.
Construction materials, including, but not limited
to, bulk roof shingles, dimensional framing lumber, bulk or sheets
of plywood, paneling, plasterboard, sheetrock, etc.
B.
Bulk grass cuttings and tree trimmings, except that
these items may be collected if placed in reusable receptacles or
approved leaf and grass clipping bags.
C.
Hot ashes, dirt, earth, stone, blacktop, concrete,
concrete block and macadam.
D.
Industrial waste, including but not limited to, processed
scrap materials, packing materials and certain hazardous and dangerous
materials, such as acids, paints, fluorescent tubes, bulk amounts
of glass, toxic materials and highly volatile or explosive matter,
either in liquid, gaseous or solid form.
E.
Bulk automotive parts, including, but not limited
to, transmissions, engines, rear ends, wheels, mufflers, and other
bulk items normally produced in quantity by vehicular repair operations.
F.
Surgical dressings, syringes and disposable hospital-type
waste items, also known as "red bag waste."
G.
New and used motor oils, petroleum-based products
or antifreeze.
H.
Hazardous waste classified pursuant to regulations
issued by the New Jersey Department of Environmental Protection (NJDEP),
adopted under authority of N.J.S.A. 13:1D-9 and 13:1E-6, as amended.
Toxic chemicals commonly known as "commercial hazardous waste" and
"household hazardous waste" would be excluded.
A.
Domestic or household bulky items, such as washing machines, dryers, refrigerators, stoves, household appliances, and other household furnishings such as chairs, sofas, rugs, padding, etc., shall not be placed at the curb for collection unless a sticker is purchased from the Borough in accordance with § 264-16F(1) of this chapter.
B.
No individual, association, partnership or corporation
shall leave outside of any building or dwelling, in a place accessible
to children, any abandoned, unattended or discarded icebox, refrigerator,
freezer or dishwasher or any other item of any kind which has an airtight
door, with or without lock, without first having removed said airtight
door.
C.
No individual, association, partnership, or corporation
shall conduct a repair or salvage operation and use the services of
the Borough for solid waste collection.
A.
Branches and leaves. The Borough will provide yard
waste collection consisting of leaves and/or brush (including tuber-type
plant material, and hedge clippings). Such yard waste shall be free
of contamination with any other materials, debris or hazardous substances.
Yard waste will not be accepted in plastic bags. The acceptable receptacles
are as defined in the definition known as "receptacles" and recyclable
paper bags which are designated to contain leaves or grass clippings.
Branches and leaves may be placed at the curb and tied or in reasonable
piles no earlier than 5:00 p.m. the day preceding the scheduled collection
day and no later than 6:00 a.m. of the collection day. All receptacles
must be removed from the curb or pavement edge no later than 9:00
p.m. of the scheduled collection day.
[Amended 4-28-2008 by Ord. No. O-11-08[1]]
B.
Leaves collection schedule. During the months of October,
November and December, leaves may be places in neat piles at the curb
or pavement edge for collection, provided that the piles do not constitute
a traffic hazard. Residents placing leaves for collection after said
special leaves collections of October, November and December shall
be required to contain the leaves in approved receptacles for their
next regularly scheduled yard waste collection.
[Amended 4-28-2008 by Ord. No. O-11-08]
C.
Grass clippings. Residents shall be required to contain
grass clippings in accepted receptacles at the curb or pavement edge
separate from garbage or refuse for collection in accordance with
the schedule outlined in the Borough calendar under yard waste services.
Any grass clippings placed at the curb or pavement edge during the
months of leaves collection shall not be co-mingled with leaves or
branches placed for collection. No private contractor shall place
grass clippings at the curb or pavement edge. The Borough will collect
and transport grass clippings to an approved composting facility;
however, it is strongly encouraged that grass clippings be left on
lawns.
In the event of change of occupancy due to the sale of the property or due to a change in tenancy, and in the event the property owner fails to clean up within 72 hours upon receipt of a notice by the Borough, said notice to be served personally or by certified mail, then in that event the Borough will clean up the property and the homeowner will be charged $200 for the cleanup per dwelling unit. In addition to the two-hundred-dollar-per-dwelling-unit fee and the sticker cost, as set forth in § 264-16F(1) of this chapter, the property owner will also be charged the actual amount of time and labor incurred by the Borough and the actual cost of disposal, including tipping fees. In the event the bill remains unpaid for a period of three months, the Department shall file with the Tax Collector a statement showing the amount of the unpaid bill, and said amount shall become a lien on the premises and shall be collected and enforced in the same manner that liens and taxes are enforced and collected.
The Department may issue regulations exempting
from total or partial compliance with this chapter those residential
properties whose sole occupant or occupants are unable to meet the
requirements of this chapter by reason of a physical disability.
The Department shall forthwith transmit all
solid waste collected pursuant to this chapter to lawfully licensed
facilities designated by the County of Morris in the Morris County
Solid Waste Plan and/or by the State of New Jersey. If permitted by
said solid waste plan and if said users and markets exist on a positive
cost-benefit-ratio basis to the Borough, then the Borough may elect
to dispose of said solid waste or a portion thereof in an alternative
manner pursuant to statute and regulation.
A.
Upon classification of an item or material presently
or prospectively a part of the co-mingled solid waste flow as recyclable,
residential and other property owners, except for the United States
Government and the State of New Jersey, shall cause themselves or
their agents, lessees, tenants or their occupants to separate said
item or materials separately for collection, whether said collection
is performed by a municipal agency or private contractor.
B.
On and after the date fixed in the regulations and
in accordance with the terms thereof, it shall be mandatory for all
persons who are owners, lessors, renters or occupants of residential
dwellings and commercial, industrial and institutional properties
in the Borough to separate recyclable materials from all other solid
waste generated. Commercial, industrial and institutional properties
that are not serviced by the Borough shall be required to negotiate
with their private hauler/contractor in accordance with the provisions
of the Morris County District Recycling Plan.
C.
Waste materials to be recycled according to the New
Jersey State regulations and designated as recyclable by the Borough
are:
(1)
Aluminum food and beverage containers.
(2)
Cardboard/corrugated paper.
(3)
Glass food and beverage jars.
(4)
High-grade and mixed paper; computer, office paper,
scrap paper, stationery/envelopes, and junk mail.
(5)
Newspapers and magazines.
(6)
Steel cans and bimetal containers.
(7)
Waste oil.
(8)
Yard waste: leaves, grass clippings, branches and
vegetative waste.
(9)
Plastic bottles (No. 1 PETE and No. 2 HDPE).
(10)
Tires, vehicular batteries.
(11)
Oil-contaminated soil (nonhazardous, type 27),
(12)
Stumps and logs.
(13)
Asphalt roof shingles.
(14)
Dry cell batteries.
A.
Materials classified as recyclable shall only be disposed
of by:
(1)
Placing them for collection by the municipality pursuant
to the terms of this chapter and regulations issued by the Department
of Public Works in accordance with the provisions set forth in the
Borough of Wharton municipal calendar.
(2)
Disposing of, giving, donating or selling them or
permitting them to be collected by any person, partnership or corporation,
whether operating for profit or not, provided that the material shall:
B.
Recycling documentation in the form of weight slips
or a signed business form letter shall be required from all those
who market, collect, haul and/or generate recyclable materials, whether
they are residential, commercial and/or institutional premises located
within the boundaries of the Borough of Wharton, as required by the
Morris County District Recycling Plan. These records and reports shall
be submitted to the Borough of Wharton Recycling Coordinator on a
quarterly basis, specifically not later than close of business January
1, April 1, July 1 and October 1 of a given year and beginning as
of the effective date of this chapter.
C.
Used tires: The Department will provide for the disposal
of used tires by the residents. The Borough Council shall establish
fees by resolution for the disposal of used tires. The disposal method
shall be established by regulation of the Department.
In the case of multi-generator buildings, such
as apartment buildings, hotels or office buildings, the building management
as well as the generators shall be responsible for compliance with
county- and municipality-mandated material source-separation recycling
requirements. All multi-generator sectors must submit tonnage reports
to the Borough on a quarterly basis, as described above.
The occupant or owner of any building within
the Borough who shall place for disposal, removal or collection the
following items shall do so in strict conformity with the following
regulations:
A.
Newspapers and magazines shall be bundled separately
and secured in bundles not to exceed 50 pounds per single bundle.
B.
Glass shall be contained in suitable occupant- or
owner-supplied container. Said items shall be washed out with no lids
on them.
C.
Aluminum shall be contained in suitable occupant-
or owner-supplied container. Said items shall be washed out.
D.
Corrugated cardboard shall be broken down and bundled
separately and secured in bundles not to exceed 50 pounds per bundle
and shall not be contained in plastic bags.
E.
Tires without rims will be picked up at curbside with
proper stickers purchased from the Borough Hall. Sticker cost shall
be $3 for the first tire and $2 for every tire thereafter, provided
the stickers are purchased at the same time. For handicapped persons
and senior citizens (over age 62), there is no charge for the stickers.
F.
Other items shall be picked up by the Borough only
when the proper sticker is displayed. The sticker shall be purchased
from the Borough Hall at the cost set forth below. Senior citizens
and handicapped persons will not be subject to the costs, provided
they submit to the Borough Clerk proof that they are 62 years or over
and/or are handicapped. The cost will be waived, provided the stickers
are used for their primary residence only. Stickers obtained for commercial
or rental property must be purchased as set forth below, regardless
of age or handicapped.
(1)
The cost of all stickers shall be $10. Items that
need stickers shall include, but are not limited to, washers, dryers,
appliances, box springs, mattresses, furniture or any similar items.
Refrigerators, freezers and air conditioners will be removed, provided
that the freon is removed in accordance with state laws and the proper
sticker adhered to the item.
(2)
The Borough has the right to sell or issue a limit
of four stickers at a time to any one person.
(3)
The Council may, by resolution, grant other exceptions.
G.
Plastic bottles and tin cans shall be contained in
suitable occupant- or owner-supplied containers. Said items shall
be washed out.
[Amended 4-28-2008 by Ord. No. O-11-08[1]]
Subject to the provisions of § 231-14K(16) of Chapter 231, Property Maintenance, of the Code of the Borough of Wharton, all materials that are to be picked up at the curbside will be placed there on the scheduled day no earlier than 5:00 p.m. the previous day and no later than 6:00 a.m. on the date of the scheduled pickup. All receptacles must be removed from the curb or pavement edge no later than 9:00 p.m. on the scheduled collection day.
The Borough will not undertake to remove any
solid waste or debris resulting from new construction or renovation.
The resulting solid waste or debris will be the sole responsibility
of the property owner or tenant, whichever the case may be.
In the event that a property owner must remove
a large amount of solid waste from his property, i.e., house full
of furniture, estate sale, etc., the property owner must then make
arrangements for the removal of said solid waste. The removal of said
solid waste will be the sole responsibility of the property owner.
The Director is hereby authorized and directed
to promulgate such reasonable regulations as to the manner, days,
times, fees, etc. for the collection of solid waste in accordance
with the terms hereof and shall forward such regulations to the Borough
Council for adoption by resolution. Such regulations may be amended
from time to time as needed to encourage the operation of the collection
program.
Property owners and their agents, lessees, tenants
or other occupants who place materials not in accordance with this
chapter shall hold harmless and indemnify for any or all losses the
Borough, its employees and agents for all costs, direct and indirect,
which are attributable, in the sole discretion of the Borough, for
materials which were placed for collection in violation of the terms
of this chapter.
A.
This chapter shall be enforced in Municipal Court
upon a complaint signed by the Health Officer, an employee of the
Department or a police officer of the Borough, hereinafter referred
to as the "Enforcement Officer." Further, once a complaint has been
signed and issued, the responsibility for disposal of solid waste
shall remain with the violator and/or shall be processed as a lien
against the property and in accordance with law.
B.
Any notice required to be given under this chapter
shall be mailed by the Enforcement Officer to said owner and/or tenant
either personally by certified mail, return receipt requested, addressed
to his or her last known address or, if unknown, in the case of an
owner, to his address as the same appears on the tax records of the
Borough. Simultaneous notice may be sent by regular mail and will
be considered to constitute notice in the event that the certified
mail is refused by the addressee or the addressee's agent or is otherwise
undeliverable. Service also may be accomplished by hand delivery to
the owner and/or tenant.
C.
Whenever the Enforcement Officer determines that there
is or has been a violation of any provisions of this chapter notice
shall be given of such violation to the person, persons, or entities
responsible therefor under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax sale lists of the Borough, or a copy
thereof is left at the usual place of abode or office of said persons
or entities, or is personally served. Notice shall be given as aforesaid
within or without the Borough. The notice shall also state that, unless
the violation is abated, removed, cured, prevented or desisted from
within 10 days of the date of service of such notice (exclusive of
the date of service), a summons shall be issued for said violation.
The Enforcement Officer may, at the time he issues the notice, extend
the period for compliance with the violation stated in the notice
for a period in excess of the aforesaid 10 days if, in his judgment,
the abatement, removal, prevention, cessation or cure of the condition
violated cannot reasonably be effected within the ten-day period,
and, in such cases, the Enforcement Officer shall state such reasonably
required extended period in the notice, which shall then be applicable
instead of the aforesaid 10 days. In the event that the violation
is not abated, removed, cured, prevented or desisted from or otherwise
fully remedied within said ten-day period or within such extended
period as set forth in the notice, pursuant to the foregoing, a summons
shall then be issued against the person, persons, entity or entities
so notified.
A.
Each collection in violation of this chapter and each
day a violation or neglect is committed or permitted to continue shall
constitute a separate offense and be punishable as such.
