[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 4-28-1980 by Ord. No. 80-11; amended in its entirety 12-17-1990 by Ord. No.
90-7. Subsequent amendments noted where applicable.]
The Borough of Jenkintown, through its agent (contract holder), is hereby designated as the sole and only authorized collector of municipal solid waste from buildings within the Borough. By this designation, the owners of such buildings are responsible for the timely payment of charges described in § 152-8 of this chapter as they are billed.
As used in this chapter, the following terms shall have the
meanings indicated:
Municipal waste which is collected from the general public
or is otherwise consistent with Section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
All empty beverage containers made from aluminum.
Municipal waste resulting from the construction or demolition
of buildings and other structures, including but not limited to wood,
plastic, plaster, metals, asphaltic substances, bricks, concrete/cinder
blocks, concrete, ceramic tile, fiberglass substances, PVC and rubber.
The term also includes dredging waste.
All products made from silica or sand, soda ash and limestone,
which may be transparent, translucent or colored, and used as a container
for packaging or bottling of various matter.
A church, library or fire station.
Any acceptable and processible waste, including solid, liquid,
semisolid or contained gaseous materials resulting from the operation
of residential dwellings, commercial buildings, institutions, municipal
establishments and community activities, and any sludge not meeting
the definition of residual waste or hazardous waste from a municipal
wastewater treatment plant.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
That portion of acceptable waste which consists of white goods, automobile tires, noncombustible items and stumps, logs, brush and other similar waste which either weighs in excess of 25 pounds or exceeds one of the following dimension: four feet in length, four inches in diameter or four inches in thickness, or otherwise acceptable waste in containers exceeding the number, dimension or weight provided in §§ 152-4 and 152-5.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal or state
institution or agency, municipality, other governmental agency or
any other legal entity or any group of such persons whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this chapter prescribing a fine, penalty, imprisonment or denial
or grant of any license, or any combination of the foregoing, the
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
That portion of acceptable waste which is not nonprocessible
waste.
Materials generated by consumers which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. "Recyclable materials" shall be limited to those described in § 152-10.
The collection, recovery and sale or reuse of materials including
but not limited to newspapers, clear, amber, and green glass bottles,
PET and HDPE cans, plastic, corrugated paper, office paper, pressed
paperboard and cardboard, and other materials which would otherwise
be disposed of or processed as municipal waste or the mechanized separation
and treatment of municipal waste (other than through combustion) and
creation and recovery of reusable materials other than a fuel for
the production of energy.
[Amended 3-26-2012 by Ord. No. 2012-3]
Explosives, pathological and biological waste, residual waste
and hazardous waste, radioactive materials, sludges, cesspool or other
human waste, human and animal remains, motor vehicles, tires, liquid
wastes, contained gaseous materials which may pose a hazard to the
community, hazardous substances as defined in the Federal Comprehensive
Environmental Response, Compensation and Liability Act, as it may
be amended from time to time hereafter, and any analogous federal,
state or local law, ordinance, rule or regulation as may be applicable
at the time of collection of such waste which is not permitted by
law to be treated and disposed of in this Borough or where municipal
waste collected in the Borough may be disposed;
Any item of waste either smoldering or on fire;
Construction and demolition debris, ashes, incinerator residue
and foundry sand;
Wastes in quantities and concentrations which require special
handling in their collection and/or processing, including medical
or other "red bag" waste; and
All other items of waste which, at the time of collection, would
be likely to pose a threat to health or safety or have been prohibited
by any valid and enforceable judicial decision, order or governmental
action.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
A.
Collections for municipal waste shall be made once every week on
a day and at a time set by resolution of the Borough Council. When
collection day falls on January 1 (known as New Years Day), the last
Monday in May (known as Memorial Day), July 4 (known as Independence
Day), the first Monday of September (known as Labor Day), the fourth
Thursday of November (known as Thanksgiving Day), and December 25
(known as Christmas Day), collection for these days shall be made
on the next regularly scheduled collection day.
[Amended 3-26-2012 by Ord. No. 2012-3]
B.
Except as provided in Subsections C and D of this section, all municipal waste must be placed at the curb no later than 7:00 a.m. of the scheduled pickup days and empty containers removed from the curb after collection by 7:30 p.m. Municipal waste may be placed at the curb no earlier than 5:00 p.m. the night before collection.
C.
Collections for all municipal waste for commercial or multifamily
residential buildings may be made as often as required as approved
on written application to the Borough Zoning Officer, but shall only
be made between the hours of 7:00 a.m. and 7:00 p.m.
D.
The owner of any building in the Borough for which, because of its location, curbside collection of municipal waste is not practicable or poses a risk to the health, safety or welfare of the public or the owner or for which the routine disposal of municipal waste exceeds the weight and quantity limitations specified in § 152-5 shall be permitted to use dumpsters or other containers larger than those defined in § 152-4A of this chapter and/or to have collection of municipal waste made at sites on or adjacent to their premises rather than at curbside and in quantities approved on written application to the Borough Zoning Officer. Charges for municipal waste collection for owners of buildings qualified for special collection procedures pursuant to § 152-3C and D shall be fixed as provided in § 152-8.
A.
Municipal waste must be placed in tightly sealed metal or plastic
containers with lids (thirty-gallon size maximum) or in tightly sealed
plastic bags. Cardboard boxes and paper bags are not to be used as
containers, except paper bags used for the disposal of recyclable
newspaper.
B.
Municipal waste materials such as papers (except recyclable newspapers),
magazines, rags, leaves, grass and hedge and tree trimmings must be
bundled and tied securely if not adapted for placement in containers
as described above.
C.
Recyclable materials will be placed in any container, so long as
that container is clearly marked as containing recyclable materials,
the parameters of which may be specified by resolution of the Borough
Council.
[Added 3-26-2012 by Ord. No. 2012-3]
In Zones A, B, B-1 and C and single commercial or residential
units in Zones C-1 and D, no single container may exceed 60 pounds
in total weight, and the total amount of waste collected from any
single unit on any one collection day shall not exceed six containers
or 100 pounds in total weight.
Heavy metal appliances and furniture, such as washing machines, dryers, water heaters, refrigerators, stoves, sofas, box springs, mattresses; items exceeding the size and weight limitations defined in the definition of "nonprocessible waste" in § 152-2 and all other white goods shall be picked up by appointment between the Borough and the individual owner at a time that is mutually agreeable to both and upon payment of a fee specified in a resolution of Borough Council as provided in § 152-8 of this chapter. Such heavy metal appliances, furniture and white goods shall be collected at least once a month.
A.
To avoid littering, containers must not be overfilled allowing the
same to spill while handling.
C.
Materials must be placed for collection regularly and not allowed
to accumulate.
D.
All materials resulting from building repair, alteration, excavation,
demolition and/or construction shall not be collected by the Borough.
A.
All owners of buildings in the Borough shall pay, in advance, an
annual, quarterly or monthly charge for each unit for municipal waste
collection by the Borough in accordance with a schedule which shall
be fixed from time to time by a resolution of the Borough Council.
Such resolution shall also prescribe the mechanics for billing and
the collection of charges.
B.
Fees established pursuant to this section may exceed the actual contracted
cost to the Borough for the collection of any owner's municipal
waste to provide for administrative expenses and operating reserves,
provided that the proportion of such fees which exceed the actual
contracted costs to the Borough shall be substantially equal for owners
of residential, multiresidential or commercial properties.
C.
No fee established pursuant to this section for the collection and
disposal of an owner's municipal waste shall exceed by more than
15% the actual contracted cost to the Borough for collection and disposal
of such municipal waste.
A.
The Borough of Jenkintown has established a mandatory program to
separate, collect and dispose of certain recyclable solid waste, and
the Council of the Borough of Jenkintown has determined that it is
appropriate and in its interest for the health, safety and welfare
of the residents of the Borough of Jenkintown to regulate the collection
and disposal of recyclable solid waste
[Amended 3-26-2012 by Ord. No. 2012-3]
B.
RECYCLABLE COLLECTOR
RECYCLABLES
RESIDENT
SINGLE STREAM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A contractor under contract with the Borough of Jenkintown
to provide collection of recyclables for remanufacture or reuse, subject
to the terms and conditions of said contract with the Borough of Jenkintown.[1]
Solid waste consisting of, but not limited to, newspapers,
clear, amber, and green glass bottles, PET and HDPE plastic containers,
aluminum and bimetal/steel cans, plastic, corrugated paper, office
paper, pressed paperboard, cardboard and such other materials as hereafter
designated by and approved by the Borough Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
Any person residing in or owning, leasing, occupying or operating
any business, commercial enterprise or service institution within
the Borough of Jenkintown.
A system in which recyclable materials are not separated
into their respective commodities, i.e., paper, plastics, metals,
etc., by the resident, but rather by the collector as part of the
collection process.
[Added 3-26-2012 by Ord. No. 2012-3]
[1]
Editor's Note: The definition of "newspapers," which immediately
preceded this definition, was repealed 3-26-2012 by Ord. No. 2012-3.
C.
Collection and disposal of recyclable solid waste.
(1)
Recyclables shall not be separated into individual commodities by
residents. Collection of recyclables shall be done on a single-stream
basis.
[Amended 3-26-2012 by Ord. No. 2012-3]
(2)
Recyclables for collection shall be placed in any container, so long
as the container is clearly labeled as containing recyclable material,
and placed at the curbside on the day set by resolution of the Borough
Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
(3)
The Borough Council shall designate the day of the week on which
recyclables shall be collected and removed from a particular area.
Recyclables shall be collected on the same day as municipal waste.
Recyclables shall not be collected or removed from any area except
on the day of the week designated by resolution of the Borough Council.
[Amended 3-26-2012 by Ord. No. 2012-3]
(4)
Ownership of recyclables set out for collection shall thereupon vest
in the Borough. It shall be unlawful for any person, other than those
persons under contract with or employed by the Borough, to collect,
remove or dispose of recyclables which are the property of the Borough
or other solid waste which retains any commercial value for reuse,
resale or salvage.
Owners of buildings in the Borough who were not subject to the
collection and fee provisions of this chapter prior to the effective
date of this chapter are exempt from the collection and fee provisions
of this chapter only upon the following conditions:
A.
Owners seeking exemption shall be party to an existing bona fide
contract for the collection and disposal of municipal waste with a
contractor other than the Borough or the Borough's contractor,
which contract has a termination date subsequent to the effective
date of this chapter and which contract may not be terminated at an
earlier date without financial detriment to the owner arising solely
from such early termination and which contract is with a contractor
who, on the effective date of the chapter, is fully authorized and
licensed by all applicable government agencies to collect and dispose
of municipal waste in the Borough.
B.
Exemption under this section shall be approved by the Borough's
Zoning Officer only upon written application, to which shall be attached
a true and correct copy of the owner's contract; and such exemption
shall continue only until the earliest termination date provided in
the owner's contract which will not result in financial detriment
to the owner arising solely from such early termination.
C.
Owners seeking exemption under this section are prohibited from entering into new or extended contracts for the collection and disposal of municipal waste with any contractor other than the Borough or the Borough's contractor subsequent to the earliest termination date of the owner's existing bona fide contract as defined in Subsections A and B.
D.
The Jenkintown School District shall be exempt from all provisions
of this chapter, provided that the district's contract for the
collection and disposal of municipal waste in effect or hereafter
entered into shall at all times be with a contractor fully authorized
and licensed by all applicable government agencies to collect and
dispose of municipal waste in the Borough. The District, by 90 days'
written notice to the Borough, may waive exemption from the provisions
of this chapter for any period of at least one year's duration,
commencing on the first day of July in the year of such written notice.
E.
Owners of property in Zone S shall be exempt from the provisions
of this chapter, provided that said owner's contract for the
collection and disposal of municipal waste in effect or hereinafter
entered into shall at all times be with a contractor fully authorized
and licensed by all applicable government agencies to collect and
dispose of municipal waste in the Borough. Owners of property in Zone
S, by 180 days' written notice to the Borough, may waive exemption
from the provisions of this chapter for any period of at least one
year's duration, commencing on the first day of January in the
year subsequent to the receipt of such notice.
F.
Owners of commercial property with operable fixed systems for the
disposal and collection of municipal waste utilizing roll-off or similar
containers and integral compaction or similar mechanical devices are
exempt from the provisions of this chapter, provided that such owner's
contract for the collection and disposal of municipal waste in effect
or hereinafter entered into shall at all times be with a contractor
fully authorized and licensed by all applicable government agencies
to collect and dispose of municipal waste in the Borough.
