[HISTORY: Adopted by the Borough Council of the Borough of Jim Thorpe as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-1991 by Ord. No. 91-12]
The title of this article shall be the "Jim Thorpe Borough Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the meanings indicated.
- ALUMINUM CANS
- Empty all aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial, municipal or industrial purposes and those multifamily dwellings for which the Borough does not provide municipal waste collection service.
- CURBSIDE RECYCLING COLLECTION
- The scheduled collection and transport of recyclable material placed at the curbline by residents, subject to the Code of the Borough of Jim Thorpe.
- The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged in to the waters of this commonwealth.
- GLASS CONTAINERS
- All empty food and/or beverage, bottles and jars made of clear, green or brown glass, except noncontainer glass, plate glass, blue glass, and porcelain and ceramic products.
- LEAF AND YARD WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar materials but not including grass clippings.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution control facility. The term does not include source-separated recyclable materials.
- Paper of the type commonly referred to "newsprint" and distributed at fixed intervals, having printed thereon news and other matters of public interest, but not including glossy advertising inserts included with newspapers.
- PLASTIC CONTAINERS
- Empty polyethylene terephthalate (PETE) and high-density polyethylene (HDPE) plastic food and beverage containers as defined by the recycling regulations.
- RECYCLABLE MATERIALS
- Aluminum cans, clear glass, corrugated paper, high-grade office paper, leaf waste, large appliances, glass, newsprint and such other materials, if any, as specified from time to time by the municipality to be recycled. These materials are specified in recycling regulations and may be revised from time to time as deemed necessary by the municipality.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastic and other materials which would otherwise be disposed of or processed as municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by persons residing in residential dwellings and for commercial establishments for which Jim Thorpe Borough, hereinafter referred to as the "Borough," provides municipal waste collection services.
Recyclable materials from residential dwellings shall be placed at the curb in yellow marked recycling containers separate from solid waste for collection. Such regulations shall establish a minimum of two days per month scheduled for the pickup of recyclable materials from residential dwellings. At the time of passage of this article, recyclable materials for residential dwellings are aluminum cans, clear glass containers, newsprint, newspapers (to be bundled and separated from other recyclables), plastic food and beverage containers and large appliances.
The owner, landlord or an agent of an owner or landlord of multifamily dwellings whose solid waste is not collected by the Borough shall establish a collection system for recyclables at each property. At the time of passage of this article, recyclable materials for such multifamily dwellings are aluminum cans, clear glass containers, newsprint, newspapers (to be bundled and separated from other recyclables), and large appliances. The collection system must contain suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords shall not be liable for noncompliance of the occupants of their buildings.
Commercial, institutional and municipal establishments shall separate and store, until collection, corrugated paper, high-grade office paper, aluminum, and leaf waste. These establishments must arrange for the transfer of the materials to a recycling system, and, if that system is separate from that used in the Borough for residential dwellings, the establishments shall annually provide to the Borough evidence of such arrangements and documentation of the total number of tons recycled.
All persons shall separate leaf waste from other refuse. Tree leaves shall either be placed loose in the street near the curb for municipal collection on designated days or shall be placed in open bags at the same location as may be directed by the Borough.
Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch, or other agricultural, horticultural, silvicultural, gardening or for landscape purposes.
It shall be a violation of this article for any person or persons unauthorized by the Borough of Jim Thorpe to collect or pick up or cause to be collected and picked up any such recyclable materials on the regularly scheduled curbside collection day. Each and every such collection or pickup for one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials only to persons or organizations, if any, designated by the municipality in its recycling regulations. Such persons or organizations shall not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.
The Borough of Jim Thorpe may enter into an agreement or agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable material from the curbside.
The Borough Police and Borough Manager or his/her designee is authorized and directed to enforce this article. Borough Council shall establish reasonable regulations as to the manner, material, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. Borough Council may further change, modify, repeal or amend any portion of said rules and regulations at any time.
It shall be the responsibility of the residents of the Borough of Jim Thorpe to place recyclable containers at a safe place on the property. Jim Thorpe Borough shall issue one container per household or apartment; and at this time, it shall become the responsibility of the resident. Upon transfer of title of property, the property owner shall return all recyclable containers to the Borough distributed by the Borough to each household or apartment for the property or shall otherwise comply with the recycling regulations for return of all recycling containers. If a container is lost or stolen at any time, the person(s) to whom the container was signed out must purchase another from the Borough Office during regular business hours. The amount will be determined at that time.
Any person who shall violate any provision of this article shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution, or, in default of payment of such fines and costs, to undergo imprisonment for not more than 30 days. Provided: each day's continuance of a violations of any provision of this article shall constitute a separate violation.
Whenever the requirements of this article are in conflict with other requirements of the ordinances of the Borough of Jim Thorpe, the most restrictive of those imposing the highest standards shall govern.
[Adopted 2-10-2005 by Ord. No. 2005-02]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context.
- Coal ashes, coke ashes, wood ashes and other residue resulting from the burning of other fuels used for heating and cooking purposes.
- COMBUSTIBLE RUBBISH
- Paper, rags, excelsior, straw, boxes, mattresses, old shoes, leather scrap, rubber scrap, carpets, oilcloth, Christmas trees, prunings from vines, trees, shrubbery, etc., and other flammable waster materials other than those described under the terms "garbage" and "noncombustible rubbish."
- DEAD ANIMALS
- All dead animals and parts thereof not intended to be used as food for human beings.
- Any offal or refuse or fish, fruit, vegetables, animals matter or any other organic substance, subject to fermentation or decay, including matters liquid or solid, house and store sweepings, and tin cans which contain animal or vegetable matter.
- NONCOMBUSTIBLE RUBBISH
- Glass, tinware, wire, crockery, metal, waste materials and other nonflammable refuse.
- SOLID WASTE
- Any waste, ashes, rubbish and garbage including but not limited to, municipal, residual or hazardous units, including solid, liquid, semisolid or contained gaseous materials.
All solid waste as herein defined shall be gathered and removed by the Borough of Jim Thorpe under the rules and regulations as provided herein, and the costs and expenses of the collection and removal of garbage, rubbish, dead animals and ashes shall be paid by those from whose premises said garbage, solid waste, rubbish, dead animals and ashes are removed, or by the person responsible for the existence of such garbage, solid waste, rubbish, dead animals or ashes as provided by the schedule of fees hereinafter set forth.
It shall be unlawful for any person to collect or dispose of any solid waste, accumulated in said Borough in any manner not approved by this article.
It shall be unlawful for any person to place any solid waste in any street, alley or other public place or upon private property, whether owned by such person or not, within the Borough except in proper receptacles for collection. No person shall throw or deposit any solid waste in any stream or body of water.
It shall be unlawful for any person not a resident of the Borough of Jim Thorpe to deposit any solid waste at or near any residential unit for collection and disposal of same.
It shall be unlawful for any person to deposit any solid waste for collection that is generated outside of the Borough of Jim Thorpe.
It shall be unlawful for any person to allow any accumulation of solid waste on any premises in the Borough other than for the purpose of collection in the manner provided by this article. Failure to remove unauthorized accumulations of solid waste within 24 hours of notice to either the occupant or owner by the Borough shall be deemed a violation of this article.
It shall be unlawful for any person, other than the occupants of the premises on which solid waste receptacles are stored or the collector, to remove the covers of any of the refuse receptacles or to remove the solid waste stored in such containers.
It shall be unlawful for any person to place any solid waste in a plastic bag or plastic container or plastic container of any kind for collection and/or disposal if the size of the bag or container exceeds 25 gallons or whenever the weight of the contents or container exceeds 50 pounds or the wet breaking strengths of the bag or container, whichever is the greater.
It shall be unlawful to place in any containers provided for solid waste collection, any wearing apparel, bedding or refuse from premises where highly infectious or contagious diseases have prevailed or any highly flammable or explosive refuse.
All solid waste accumulated in the Borough of Jim Thorpe from residential units shall be collected, conveyed and disposed of by the collection service contracted by the Borough.
The collection and disposal of residential solid waste shall be under the supervision of Borough Council of the Borough of Jim Thorpe. They shall have the authority to make authorized regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as they may deem advisable and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
All householders shall provide individual containers of not more than twenty-five-gallon capacity. Containers shall be of metal or fiberglass or plastic with tightly fitting covers, shall be windproof, shall be equipped with handles and shall be designed to be carried by one man, and the occupants and proprietors of the places where solid waste are accumulated shall provide sufficient number of containers (not to exceed three per collection) so that the aggregate capacity shall be sufficient for normal needs between the intervals of collection; provided, however, that the total weight of each container shall not be more than 50 pounds, and provided further that it shall be the responsibility of each and every householder to maintain said containers in proper condition for storage of said materials therein and the handling thereof by the employees of the collection service.
Plastic bags or waste containers may be used for materials appropriate to such usage; provided, however, that the total loaded weight of the plastic containers shall not exceed 50 pounds or the wet breaking strength of the plastic containers, whichever is less.
Newspaper and magazines will be collected, but must be in containers as specified in this article and must not exceed container size or weight limits.
Containers shall be placed within 10 feet of the public street, thoroughfare, access way, or alleyway, where the haulers' vehicle will park to pick up the solid waste. Containers shall not be placed for collection more than 24 hours prior to the time scheduled for collection.
[Amended 5-12-2005 by Ord. No. 2005-4]
Collections of solid waste will be made once per week or as set by the Council.
Time for collection of solid waste will be set by the Council.
[Amended 7-9-2009 by Ord. No. 2009-3; 12-11-2008 by Ord. No. 2008-10; 12-28-2011 by Ord. No. 2011-8]
The fees for residential collection and disposal service shall be set from time to time by resolution of Borough Council.
All bills for residential collection and disposal service shall be based on the number of residential units in or on the said property, and the bill shall thereupon be immediately due and payable at the place designated on the bills rendered for same.
The property owner shall be solely responsible for notifying the Borough, in writing, at the time of billing, if there are more or less residential units on his property than what he has been billed for, and upon failure of a property owner to so notify, he shall be liable for payment of all fees and based on the number of residential units, the Borough shall determine, along with penalties applicable from the date on which any additional unit or units should have been first billed.
All bills shall be considered delinquent if not paid within 15 days after the date of the bill. If the bill is not paid within 15 days after the date of the bill, the bill shall be subject to a penalty of 15%.
[Amended 12-13-2012 by Ord. No. 2012-2]
All commercial units shall have the authority to employ any refuse contractor to collect their refuse, provided that the contractor complies with all of the sections of this chapter and other applicable regulations of the commonwealth and/or Carbon County. If the owner of a commercial unit located in the Borough desires collection of solid waste accumulated as a result of operations within the Borough, the owner shall notify the Borough. The Borough shall have the option of refusing to provide said collection. The Borough shall have the right to determine collection service for any commercial unit by giving the owner of said commercial unit 30 days written notice of its intent to do so. Collection will be provided by the Borough, providing the container weight, size and quantity regulations are met.
The fees for commercial collection and disposal service by the Borough shall be set from time to time by resolution of Borough Council.
[Amended 12-11-2008 by Ord. No. 2008-10; 7-9-2009 by Ord. No. 2009-3]
It shall be unlawful for any person to haul, transport collect, remove and dispose of residential solid waste generated in the Borough over the streets and alleys of the Borough of Jim Thorpe without receiving a contract from the Borough, which shall be issued the first of each year at the organizational meeting.
Any contract issued pursuant to the provisions of this article shall be revocable by the Borough of Jim Thorpe upon failure of the contractor to comply with provisions of this article, or to the terms of the contract entered into between the Borough and contractor, or any of the regulations of the Commonwealth of Pennsylvania, Department of Health, relating to the collection and disposition of garbage/refuse and riffraff.
All licensed contractors shall provide solid waste pickups once a week or as set by the Borough Council.
Contractor must furnish the Borough with collection schedule.
It shall be unlawful to haul solid waste over the roads of the Borough in any vehicle other than a watertight vehicle provided with a tight cover so as to prevent offensive odors from escaping therefrom and refuse from being blown, dropped, or spilled therefrom. No solid waste shall be dumped or disposed of within the limits of the Borough of Jim Thorpe.
The Borough of Jim Thorpe shall direct the separation by householders and other occupants of each class, subject to scheduled rates, shall enforce the maintenance of proper receptacles placed at suitable places on the premises and shall institute the prosecution of all persons, firms, associations or corporations or groups of persons violating any of the provisions of this article to the end that the terms of this article shall be strictly enforced. In addition, the Borough of Jim Thorpe may enforce all charges lawfully imposed under this article for the collection, removal and disposal of all garbage, ashes, and other waste or refuse material, by the filing of a municipal claim.
The Borough Council is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of solid waste not in conflict with this article, and violations of the same shall be subject to the same penalties as provided in this article.
No persons shall obstruct, delay or interfere with the garbage collectors while in the performance of their duties, or enter into any controversion with the collectors, nor shall any person violate any of the provisions of this article with regard to the disposal of garbage, rubbish and ashes, or the containers for the same, or violate any of the provisions with respect to the collection and removal of garbage, rubbish, and ashes.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not more than $600, and in default of payment, to imprisonment for a term not to exceed 30 days.