The following words shall have the following meanings when used in this
article, unless the context clearly requires otherwise:
APPROVED DISPOSAL SITE
Waste disposal facilities such as landfills or trash-to-steam facilities
which are licensed by and operated in accordance with the laws and regulations
of the Commonwealth of Pennsylvania or the laws and regulations of the state
in which the disposal site is located.
ASHES
The residue resulting from the burning of wood, coal, coke or other
combustible material.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is
engaged in the collection and/or transportation of municipal waste and/or
source-separated recyclable materials.
DISPOSAL
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. Disposal facilities
include, but are not limited to, municipal waste landfills and construction/demolition
waste landfills as defined by Act 101, Act 97, and/or the Pennsylvania Department of Environmental Protection
(PADEP) rules and regulations (25 Pa. Code Chapters 75 and 271).
FARM PROPERTY
A tract of land of at least 10 acres devoted to agriculture: either
to raising crops, livestock, poultry or pasture.
GARBAGE
All animal and vegetable waste solids resulting from the handling,
preparation, cooking and consumption of foods.
LEAF WASTE
Leaves, garden residues, shrubbery, tree trimmings, Christmas trees,
and similar vegetative 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 operation of residential, municipal, commercial or institutional
establishments and from community activities, and any sludge not meeting the
definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant, or air pollution control facility. The
term does not include any source-separated recyclable materials.
NONRESIDENTIAL PROPERTY
All properties used for industrial or commercial purposes in which
no persons reside, provided that multiple-dwelling residential buildings or
projects containing more than four dwelling units, for the purposes of this
article, shall be treated as nonresidential properties.
RECYCLING
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 generation of
energy.
REFUSE
All solid waste, except body waste, and shall include but not be
limited to garbage, ashes and rubbish.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having up to four
dwelling units in one building, provided that in the event of multiple-family
dwellings, each of said units will be treated as a separate residential property
as it relates to the collection of refuse therefrom.
RUBBISH
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid wastes.
It shall be unlawful for anyone to deposit any garbage, rubbish, leaf waste or debris, as defined in §
95-7C, or other waste material on public or private property except in compliance with this article.
Any owner, occupier or person who shall violate any of the provisions
of this article or who shall fail to comply with any of the conditions or
requirements of this article shall, upon summary conviction before a District
Justice, be sentenced to pay a fine of not less than $500 nor more than $1,000,
plus the costs of prosecution. In default of the payment of said fine, said
person shall be sentenced to undergo imprisonment in the Bucks County Prison
for a period of up to 30 days. Each day's violation of any of the provisions
of this article shall constitute a separate and distinct offense.
This article shall be known and referred to as the "Waste, Recyclables
and Leaf Waste Ordinance of Warwick Township."
All collectors or waste haulers operating within Warwick Township must
comply with the following minimum standards and regulations:
A. All trucks or other vehicles used for collection and
transportation of municipal waste and/or source-separated recyclable materials
must comply with the requirements of Act 97 and Act 101 and Department regulations
adopted pursuant to Act 97 and Act 101, including the 25 Pa. Code Chapter
285, Subchapter B, regulations for the collection and transportation of municipal
waste.
B. All collection vehicles conveying municipal waste, leaf
waste, and/or source-separated recyclable materials shall be operated and
maintained in a manner that will prevent creation of a nuisance or a hazard
to public health, safety and welfare.
C. All collection vehicles conveying putrescible municipal
waste shall be watertight and suitably enclosed to prevent leakage, roadside
littering, attraction of vectors and the creation of odors and other nuisances.
D. All collection vehicles conveying nonputrescible municipal
waste, leaf waste, and/or source-separated recyclable materials shall be capable
of being enclosed or covered to prevent litter and other nuisances.
E. All collection vehicles conveying municipal waste, leaf
waste, and/or source-separated recyclable materials shall bear signs identifying
the name and business address of the person or municipality which owns the
vehicle and the specific type of material transported by the vehicle. All
such signs shall have lettering which is at least six inches in height as
required by Act 101.
F. All collection vehicles and equipment used by licensed
collectors, licensed waste haulers, and collectors and haulers of source-separated
recyclable materials shall be subject to inspection by the Warwick Township
or its authorized agents at any reasonable hour without prior notification.
The following provisions apply to the separation and collection of materials
from commercial, institutional and municipal establishments, multifamily housing
and sponsors or organizers of community activities throughout the Township:
A. Separation of recyclable materials.
(1) All owners and occupants of commercial, institutional
or municipal establishments shall separate the following recycling materials:
aluminum cans, bimetal cans, high-grade office paper, glass containers, leaf
waste, number one and two plastic containers, newsprint, and corrugated paper.
(2) Persons in multifamily housing (which includes independent
and assisted living facilities) and sponsors or organizers of community activities
in Warwick Township shall separate the following recycling materials: plastic,
colored glass, clear glass, bimetal and steel, corrugated paper, office papers,
newsprint, aluminum and leaf waste.
(3) Persons owning and/or operating commercial, institutional,
municipal establishments, multifamily housing and sponsors or organizers of
community activities shall be responsible for providing a system to source
separate recyclable materials from the municipal waste generated at their
property. This system should be developed with the assistance of the municipal
waste collector.
B. Each person who owns a multifamily unit or nonresidential
unit shall:
(1) Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials;
(2) Provide written instructions to all persons occupying
each multifamily unit and nonresidential unit to ensure that all designated
recyclable materials are source separated; and
(3) Provide collection and delivery to a facility of source-separated
designated recyclable materials at a frequency of not less than once per month.
Any person who violates any provision of this article shall, upon conviction
at a summary proceeding, be sentenced to pay a fine to the use of Warwick
Township of up to but not more than $1,000, together with costs of prosecution,
or be imprisoned for a period of not more than 90 days, or both. Each day
of violation shall be considered as a separate offense.
Warwick Township may petition the Bucks County Court of Common Pleas
for an injunction, either mandatory or prohibitive, in order to enforce any
of the provisions of this article.