[HISTORY: Adopted by the Borough Council
of the Borough of Palmerton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-10-1973 by Ord. No. 344]
As used in this chapter, the following terms
shall have the meanings indicated:
The residue from the burning of wood, coal, coke or other
combustible materials.
Any business or industrial establishment which is not included
under the definition of "residential unit."
Includes any offal or refuse of fish, fruit, vegetable or
animal matter or any other organic substance subject to fermentation
or decay.
A natural person, firm, copartnership, association, school,
church, institution or corporation.
Garbage, ashes, rubbish and riffraff as herein defined.
A structure or part thereof, whether or not occupied, used
for or as a dwelling of humans, containing cooking facilities and
including, but not limited to, single-family detached dwellings, single-family
semidetached dwellings, single-family attached dwellings, apartments,
townhouses and mobile homes, but not including hotels.
[Amended 12-30-1981 by Ord. No. 415]
All material not included in the definitions of "garbage,"
"refuse," "rubbish" and "ashes," but shall include new or used furniture,
tires, other machinery such as washing machines, bicycles and any
large waste materials not commonly produced from the ordinary conduct
of housekeeping.
[Amended 11-12-1975 by Ord. No. 359]
Includes paper, rags, street sweepings, dead animals, excelsior,
straw, boxes, old clothes, mattresses, old shoes, leather scrap, oilcloth,
carpet, Christmas trees, prunings from vines, lawn trimmings, grass,
trash and any and all other flammable waste materials which result
from the ordinary conduct of housekeeping.
[Amended 11-12-1975 by Ord. No. 358]
A.
All garbage, rubbish and ashes accumulated in the
Borough of Palmerton from residential units shall be collected, conveyed
and disposed of by the collection service of the Borough of Palmerton,
in accordance with the regulations of this chapter and any other applicable
regulations of the Borough.
B.
The cost for the residential collection service as defined under this chapter and as fixed from time to time by the Council of the Borough of Palmerton shall be borne and paid for by the owner of the residential unit, and the cost of such service shall be paid for as provided in the schedule of fees set forth in § 68-5 hereof.
[Amended 12-30-1981 by Ord. No. 415]
C.
The collection and disposal of residential refuse
in the Borough of Palmerton shall be under the supervision of the
Borough Secretary. He/she 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 he/she 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. An aggrieved person shall
have the right to appeal against any regulation or order made by the
Borough Secretary to the Borough Council, which may confirm, modify
or revoke any such regulation or order; provided, however, that no
such appeal to the Borough Council shall be permitted as to any regulation
covered by this chapter or any regulation or order of the Borough
Secretary which shall have been approved by the Borough Council.
D.
All persons owning and/or occupying residential units
within the Borough of Palmerton shall dispose of all garbage, rubbish,
ashes and Christmas trees by means of the Borough collection service,
and no such person or persons shall transport or dispose of any refuse
by any means not approved by this chapter.
E.
Ownership of garbage, rubbish, ashes or Christmas
trees properly set out for collection shall be vested in the Borough
of Palmerton.
A.
All householders shall provide individual containers
of not less than five-gallon nor more than twenty-gallon capacity,
which containers shall be of metal 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 ashes, refuse and rubbish are accumulated shall provide
a sufficient number of containers so that the aggregate capacity shall
be sufficient for normal needs between the intervals of collection;
provided, however, that the total loaded weight of any such container
shall be not more than 40 pounds, and provided further that it shall
be the responsibility of each and every householder to maintain said
containers in proper condition for the storage of said materials therein
and the handling thereof by the employees of the collection service.
B.
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 40 pounds or the
wet breaking strength of the plastic container, whichever is less.
C.
Prunings from vines, bushes and trees will not be
collected and disposed of by the Borough collection service unless
they are cut and bundled separately in lengths not less than 12 inches
nor more than 40 inches, and each bundle shall weigh not more than
40 pounds. No pieces of prunings from vines, bushes or trees shall
be placed in any returnable metal containers unless said materials
are in individual pieces less than six inches in length.
D.
All newspapers and magazines shall be securely bound
into units not exceeding 40 pounds in weight by a binding material
that shall not be weakened by exposure to rainy weather.
E.
Not more than five bundles of pruning from vines,
bushes or trees or newspapers and/or magazines shall be set out on
any single collection day.
F.
Paper boxes shall not be used as containers for any
garbage or ashes, and, whenever used for other rubbish, riffraff or
any other disposable item, they shall not exceed 40 inches in dimension,
shall not exceed 40 pounds in total loaded weight and shall be the
sole responsibility of the person using same in the event of rain,
snow, sleet, etc.
G.
No acceptable waste shall be placed or allowed to
be placed or shall remain in containers on or along any public street,
alley, sidewalk or curb or between the sidewalk and curb prior to
24 hours before the specified day for collection. Empty containers
shall be removed no later than 6:00 p.m. the day following collection.
[Added 5-15-1996 by Ord. No. 549]
[Amended 10-31-2002 by Ord. No. 03]
A.
For reasons of sanitation, health, cleanliness and
safety, it shall be unlawful for any person, firm or corporation to
burn, bury or otherwise dispose of ashes, refuse or rubbish within
the limits of the Borough except as herein provided. Such materials
shall not be permitted to accumulate on any private property and shall
be disposed of through Borough or private collection at such intervals
and in such manner as not to be a menace or nuisance to public health,
sanitation, cleanliness or safety, provided that nothing in this section
shall be construed to prevent the use of clean ashes for fill in such
places where ashes are a suitable material, where the use shall not
be a detriment to public cleanliness and where this use of clean ashes
for fill is duly authorized by the owner of the property involved.
B.
All furniture, materials, and other similar products
designed, built, and manufactured exclusively for indoor living use
shall not be stored on exterior porches, in yards or any part of an
exterior property in residential and nonresidential areas. The storage
of automobile car seats and other non-weather-resistant materials
shall also be prohibited.
A.
The fees for the residential collection and disposal
service shall be determined by resolution of the Borough Council.
Public notice of the fee schedule shall be made by the Borough Secretary.
B.
All bills for the residential collection and disposal
service shall be rendered quarterly to the owner of each property
based on the number of residential units in or on said property, and
the bill shall thereupon be immediately due and payable at the place
designated on the bills rendered for the same.
[1]
Editor's Note: This ordinance was approved 10-18-1990.
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/she
has been billed for, and, upon failure of a property owner to so notify,
he/she shall be liable for payment of all fees 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 30 days after the date of the bill, and bills which are not
paid within 30 days after the date of the bill shall be subject to
a penalty of 10%. If a delinquent account is not paid within 60 days
from the date of the bill, the Borough Secretary or the Collector
shall refer the account to the Borough Solicitor with instructions
to proceed for the collection of such unpaid charges, together with
all penalties thereon and including costs of compelling payment, by
an action in assumpsit or, at the election of the Borough, in any
other manner provided by law for the collection of a municipal claim.
[2]
Editor's Note: Former Subsection E, added
10-17-1990 by Ord. No. 495, approved 10-18-1990, regarding the payment
schedule for semiannual bills, which immediately followed this subsection,
was repealed 12-18-1991 by Ord. No. 505.
[Amended 12-30-1981 by Ord. No. 415]
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 of
Palmerton desires collection of garbage, refuse and ashes 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. In the event the Borough agrees to provide said collection,
the Borough shall establish a fee for the collection, which fee and
billing procedures shall be determined by the Borough Council. The
Borough shall have the right to terminate collection service for any
commercial unit by giving the owner of said commercial unit 30 days'
written notice of its intent to do so.
On and after the date of the approval of this chapter, pursuant
to the authority contained in this chapter:
A.
It shall
be unlawful for any person to collect, convey over any of the streets
or alleys of the Borough of Palmerton or dispose of any refuse accumulated
in said Borough in any manner not approved of by this chapter or subsequent
regulations.
B.
It shall
be unlawful for any person to place any refuse 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 refuse in any stream
or other body of water.
C.
It shall
be unlawful for any person not a resident of the Borough of Palmerton
to deposit any garbage, refuse or riffraff at or near any residential
unit for collection and disposal of same.
D.
It shall be unlawful for any person to accumulate refuse on any premises in the Borough of Palmerton, except for the purpose of storage for collection in the manner provided by this chapter or § 68-3, Containers and packaging, of the Code of the Borough of Palmerton or by specific regulations of Borough Council or the Borough Secretary. The time for storage for collection shall not exceed the next regular collection day (date) (i.e., all refuse stored on any premises must be properly placed out for collection on the next regular collection date). Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove unauthorized accumulations of refuse within two days of notice to either the occupant or owner by the Borough Secretary or designated agent shall be deemed a violation of this chapter. Notice may be by personal service on the occupant or owner (whoever resides at the premises) or by certified mail addressed to the occupant or owner. Any subsequent or later unauthorized accumulation of refuse on a premises within one year of the date of the original notice shall be a violation of this section without further notice.
[Amended 10-31-2002 by Ord. No. 603]
E.
It shall
be unlawful for any person, other than the occupants of the premises
on which refuse receptacles are stored or the collector, to remove
the covers of any of the refuse receptacles or to remove the refuse
stored in such containers.
F.
It shall
be unlawful for any person to place any refuse, garbage, trash or
wet lawn trimmings, etc., in a plastic bag or plastic container of
any kind for collection and/or disposal if the size of the bag or
container exceeds 40 inches in any dimension or whenever the weight
of the contents of the plastic bag or container exceeds 40 pounds
or the wet breaking strength of the bag or container, whichever is
the greater.
G.
It shall
be unlawful to place in any containers provided for refuse collection
any wearing apparel, bedding or refuse from premises where highly
infectious or contagious diseases have prevailed or any highly flammable
or explosive refuse.
H.
It shall
be unlawful to haul refuse over the streets of the Borough of Palmerton
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 refuse shall
be dumped or disposed of within the limits of the Borough of Palmerton.
[Added 7-27-2018 by Ord.
No. 737]
A.
Requirements. Complete application for use of a refuse dumpster,
designating the location of the placement of the dumpster and the
period of time it will be on location.
(1)
A fee set forth by Borough Council resolution shall be paid upon
application to the Borough.
(2)
The Borough Code Enforcement Officer must approve application for
use of a refuse dumpster.
(3)
This section does not apply to refuse dumpsters, etc., that may be
placed wholly on private property used for regular contracted services.
B.
Maintenance of dumpsters. Dumpsters must be well-maintained and in
good working condition, displaying the name or logo and telephone
number of the owner of the dumpster, and be suitably supported at
each contact point to prevent damage to paved surfaces.
(1)
Dumpsters must be covered when materials inside are easily airborne,
pose a hazard, emit an odor or are otherwise offensive.
(2)
Debris must be placed inside the dumpster; not alongside or on top
of it.
(3)
All dumpsters are required to be emptied when full. For the purpose
of this article, "full" is defined as when the contents of the dumpster
reach an average level of one foot below the top edge of the dumpster
sides. Any dumpster that has reached the full status and is not emptied
within seven calendar days shall be considered in violation of this
article.
C.
Dumpsters in public right-of-way. A dumpster placed in the public
right-of-way must have a flasher or reflector on the outside corner
facing traffic at all times. Where traffic may approach from either
side, the dumpster must have a flasher or reflector on the outside
corner on both sides. Type I or Type II barricades can be used as
an alternate to flashers or reflectors.
(1)
No dumpster placed on a public right-of-way shall exceed eight feet
in width or take up more than two parking spaces.
(2)
Dumpsters shall not block a public sidewalk or be placed in a location
that restricts the sight lines of an intersection. The Borough Code
Enforcement Officer will determine sight lines.
(3)
Dumpsters placed in the public right-of-way for construction, remodeling
or demolition projects shall be removed immediately upon the completion
of the project. No dumpster shall be placed in the public right-of-way
for more than 30 days. The Borough Code Enforcement Officer may approve
a permit renewal and application extension.
(4)
No dumpster shall be placed on streets, sides of streets or areas
designated as "no parking," "restricted parking," or "disabled parking."
Dumpsters shall not be placed in public parking lots or parks without
prior written permission from the Borough Code Enforcement Officer.
(5)
The owner and/or the user of a dumpster on a public right-of-way
is/are responsible for any public property, street, curb and gutter,
or public infrastructure damage. Each of the dumpster rollers or wheels,
if any, must be placed upon a wood pad at least 3/4 inch thick so
as not to damage the road surface.
(6)
No dumpster shall be placed in the public right-of-way during the
winter snow season, defined for the purpose of this article as the
period from December 1 to the next following April 1. The Code Enforcement
Officer can provide written approval for dumpster placement in a right-of-way
during winter snow season with approval of the Borough Manager and
Public Works Supervisor.
D.
Denial of use. The Borough Code Enforcement Officer may deny the
use of dumpsters in the public right-of-way if the dumpster is too
wide to allow public safety vehicles through, or due to any other
traffic concerns. The Borough Code Enforcement Officer may also deny
the use of dumpsters to protect public health or safety concerns.
[Amended 2-19-1980 by Ord. No. 404; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this chapter or of any regulations made by Council or the Borough Secretary under the provisions hereof shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, § 1-17A, of the Code of the Borough of Palmerton.
[Adopted 8-14-1991 by Ord. No. 504]
The reduction of the amount of solid waste and
conservation of recyclable materials is an important public concern
by reason of the growing problem of solid waste disposal and its impact
on the environment The collection of municipal solid waste for recycling
from residences and/or business in the Borough will serve the general
public interest by reducing the volume of municipal solid waste which
must be disposed of, thereby reducing storage, collection, transportation
and disposal costs of said waste, and preserving valuable natural
resources and will result in a financial benefit to the residents
and taxpayers of the Borough by reason of cost avoided in collecting,
transporting and disposing of those materials which are diverted from
the municipal solid waste stream through recycling. Collection regulations
must be established to implement the program, facilitate the accomplishment
of its objectives, encourage the fullest possible citizen participation
in the program and to comply with the mandates of the Pennsylvania
Municipal Waste Planning, Recycling and Waste Reduction Act, 1988,
P.L. 101, July 28, 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
Unless the context clearly indicates otherwise,
the following words and phrases used throughout this article shall
have the following meanings:
The Borough of Palmerton or its designated representative.
Those properties used primarily for commercial or industrial
purposes and those multifamily dwellings for which the Borough does
not provide municipal waste collection service.
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 to the waters of this commonwealth.
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being made for packaging
or bottling of various matter and all other material commonly known
as "window glass."
Any bond, copier, letterhead or mimeograph paper typically
sold as white ledger paper and computer paper.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries and the like.
Compostable vegetative material, including leaves, garden
residue, chipped shrubbery and tree trimmings. This term does not
include grass clippings.
Ferrous metal or tin cans commonly used in packing food products
and aluminum cans which are typically used for packaging beverages.
The Borough of Palmerton or its designated representative.
All garbage and refuse normally placed by persons for regular
collection within the Borough.
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. Magazines and periodicals, as well as
all other paper products of any nature, are not considered newspaper.
Includes a lessee or other person in possession, as well
as an owner, of real estate and includes a person, firm or corporation
which owns real estate.
Empty plastic food and beverage containers as defined by
these recycling regulations.
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper boxes), magazines, computer printout paper, computer
tab cards, office paper, steel cans, newspaper, paper products not
chemically coated and plastic containers (soda and milk containers).
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics 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 operation of energy.
Any single-family or other residential dwelling or any municipal,
commercial or institutional establishment which generates municipal
solid waste.
The Borough of Palmerton hereby establishes
a commingled resource recovery program for the mandatory separation
and collection of municipal solid waste from all persons and residences
in the Borough for whom the Borough provides solid waste collection
service. Collection of the materials to be recycled shall be made
periodically by the Borough or its designated agent and delivered
to an approved recycling facility for processing and disposal.
The Council of the Borough of Palmerton or its
designated agent is hereby authorized and empowered to establish and
promulgate regulations on the manner, days and times of collection
of recyclable materials and the bundling, handling, location and time
of placement of such materials for collection.
A.
Any person or the occupant or owner of any residence
within the Borough who shall place for disposal, removal or collection
the following named items shall do so in strict conformity with the
following requirements, in addition to any other applicable regulations:
(1)
Glass, metal, aluminum and plastic containers shall
be kept separate from other refuse and recyclables and shall be collected
by the Borough or, under subcontract, by its designated agent. Individual
household units shall separate and prepare these materials for collection
in the manner prescribed by regulations and shall thereafter place
these materials in containers, as hereinafter prescribed, to be placed
at curbside to be collected at times designated by the Borough.
(2)
Newspaper and corrugated cardboard shall be kept separate
from other refuse and recyclables and shall be collected by the Borough
or, under subcontract, by its designated agent. Individual household
units shall separate and prepare these materials for collection in
the manner directed by the Borough and shall thereafter bundle these
materials for placement at curbside to be collected by the Borough
or, in the alternative, to be transported by the persons occupying
said household units to recycling dropoff centers at any time.
[Amended 9-25-2014 by Ord. No. 710]
(3)
Leaf/garden waste (compostable materials) shall be
kept separate from other refuse and recyclables and shall be collected
by the Borough or, under subcontract, by its designated agent. Individual
household units shall separate and prepare these materials for collection
in the manner prescribed by regulation and shall thereafter bundle
these materials for placement at curbside to be collected at times
designated by the Borough.
B.
Compulsory separation. Glass, metal, aluminum and
plastic containers, newspapers, corrugated cardboard and compostable
materials, as defined in this article, shall not be placed in the
same receptacle or container as or otherwise mixed with other forms
of solid waste for collection, removal or disposal. The Borough reserves
the right to refuse to collect from individual household units municipal
solid waste containing recyclable materials in combination with nonrecyclable
materials.
[Amended 9-25-2014 by Ord. No. 710]
Any person may donate or sell municipal solid
waste to any person, firm or corporation, whether operating for profit
or not, provided that the receiving person, firm or corporation shall
not collect such donated recyclable materials from the collection
point of a residence without proper written permission from the Borough
to make such collection.
[Amended 9-25-2014 by Ord. No. 710]
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, bimetal
containers, glass containers, plastic beverage containers, newspapers
and corrugated cardboard. 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 the buildings.
Commercial, institutional and municipal establishments
and community events shall separate and store, until collection, corrugated
paper, office paper, aluminum, and leaf and garden 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.
[1]
Editor's Note: This ordinance was approved 8-11-2008.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
