[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.
Empty all aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
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.
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.
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.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials but not including grass clippings.
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[1] 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.
Empty polyethylene terephthalate (PETE) and high-density
polyethylene (HDPE) plastic food and beverage containers as defined
by the recycling regulations.
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.
Solid waste, as defined in the Act of July 7, 1980, P.L.
380, No. 97, known as the "Solid Waste Management Act."[2]
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
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.
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."
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.
Glass, tinware, wire, crockery, metal, waste materials and
other nonflammable refuse.
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.
A.
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.
B.
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.
C.
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.
D.
It shall be unlawful for any person to deposit any
solid waste for collection that is generated outside of the Borough
of Jim Thorpe.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
G.
Collections of solid waste will be made once per week
or as set by the Council.
H.
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]
A.
The fees for residential collection and disposal service
shall be set from time to time by resolution of Borough Council.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
All licensed contractors shall provide solid waste
pickups once a week or as set by the Borough Council.
D.
Contractor must furnish the Borough with collection
schedule.
E.
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.
