Township of Warwick, PA Chapter 95 Garbage, Rubbish and Refuse

[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick 8-6-2007 by Ord. No. 2007-1.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Junkyards — See Ch. 103.

Littering — See Ch. 111.

Noise — See Ch. 123.

Nuisances — See Ch. 127.

Property maintenance — See Ch. 145.

Recycling — See Ch. 149.

[1] Editor's Note: This ordinance also repealed former Chapter 95, Garbage, Rubbish and Refuse, which consisted of Art. I, General Provisions, adopted 9-27-1984 by Ord. No. 84-1, and Art. II, Waste Flow Control and Licensing, adopted 12-23-1991 by Ord. No. 1991-11.

Article I Collection and Disposal of Refuse

§ 95-1 Definitions.

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,[1] Act 97,[2] and/or the Pennsylvania Department of Environmental Protection (PADEP) rules and regulations (25 Pa. Code Chapters 75[3] 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.

LICENSED COLLECTOR or LICENSED WASTE HAULER

A person who has written authorization from the PADEP under Act 90[4] to collect, haul, transport and dispose of municipal waste.

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[5] 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.

[1] Editor's Note: See 53 P.S. § 4000.101 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See Pa. Code § 272.201 et seq.

[4] Editor's Note: See 27 Pa. C.S.A. § 6201 et seq.

[5] Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 95-2 Duties of owners and occupants of property.

A. No person shall permit any refuse to accumulate for a period of longer than seven days upon property in the Township owned or occupied by said person.

B. All refuse or recyclables accumulated upon any property in the Township shall be collected, conveyed and disposed of by licensed collectors, licensed waste haulers, or collectors and haulers of source-separated recyclable materials in accordance with the provisions of this article, except that such refuse or recyclables may be collected, conveyed and disposed of by property owners from their own property, provided that they comply with the provisions of this article pertaining to refuse containers and vehicles, and provided that they remove their refuse to a state- or county-approved site.

C. The provisions of § 95-2A and B shall not apply to owners of farm property or tracts of land containing five acres or more, located in Zoning District RA as defined by the Township Zoning Ordinance.[1]

[1] Editor's Note: See Ch. 195, Zoning.

D. Refuse collected from any residential dwelling in the Township shall be collected only by a licensed collector or licensed waste hauler. The owner and/or occupier of said residential dwelling shall be responsible for the payment of the fee, and payment thereof shall be a matter of private agreement between the owners or occupiers and the collector thereof, unless such residential collector service is regulated administratively by the Township.

E. All trade waste and other refuse accumulated on nonresidential properties shall be collected, conveyed and disposed of by a licensed collector or licensed waste hauler upon the direction of the owner or occupier thereof. The fee or payment for said collection, conveyance and disposal shall be a matter of private agreement between the owners or occupiers and the collector thereof. However, owners of nonresidential properties may collect, convey and dispose of privately generated refuse by their own containers and/or trucks, provided that they comply with the applicable provisions of this article.

F. It shall be unlawful for any person to collect and/or dispose of any refuse within the Township, except as provided in this article.

§ 95-3 Disposal of refuse.

A. It shall be unlawful to dump, destroy, burn or otherwise dispose of refuse within the Township, except at an approved disposal site. This prohibition shall not extend to the composting of leaf waste.

B. All refuse shall be deposited and disposed of at an approved disposal site.

C. All disposal regulations of the approved disposal site shall be adhered to.

D. All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the approved disposal sites, except when using roads or streets in the Township where contracted to collect.

E. It shall be unlawful to dispose of live ashes, flammable liquids, explosive substances, toxic chemicals or any other similar hazardous substances in the Township.

§ 95-4 Preparation of refuse for disposal.

A. Refuse and recyclables shall be prepared as follows:

(1) Garbage shall be placed in suitable bags prior to depositing in containers.

(2) All refuse shall be containerized or properly bundled so that it may be handled by one man or woman.

(3) Recyclables other than leaf waste shall be separated and containerized as required by the collector.

(4) Leaf waste, including leaves, shrubbery, Christmas trees, tree trimmings and similar vegetative materials shall be separated, prepared and bundled as directed by the collector.

B. Refuse containers shall be as follows:

(1) Refuse containers shall be made of durable, watertight, rust-resistant material, having close-fitting lids and handles to facilitate collections.

(2) Refuse containers for residences shall be of not more than 32 gallons in capacity.

(3) Refuse containers for commercial establishments, except dumpsters, shall not exceed 40 gallons in capacity.

C. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottoms or sides of refuse containers; the interiors of refuse containers shall be kept clean by thorough rinsing and draining as often as necessary.

§ 95-5 Collection practices and dropoff locations.

A. Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.

B. Notwithstanding § 95-5A, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.

C. Collections shall be made from all properties throughout the Township, including all streets, accepted or otherwise, and including those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Board or its designee if the condition of the street would prevent access thereto by the collector's truck.

D. Each licensed collector, waste hauler and collectors and haulers of source-separated recyclable materials operating in the Township shall provide for at least one collection of leaves, garden residue, and similar vegetative materials between March 1 and October 1 of each year.

E. Each licensed collector, waste hauler, or collectors and haulers of source-separated recyclable materials operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials between March 1 and October 1 of each year. This collection is not to be combined with the collections of leaf waste required by Subsection D, above, but shall be a separate collection.

F. Each licensed collector, waste hauler, or collectors and haulers of source-separated recyclable materials operating in the Township shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.

G. The licensed collector, licensed waste hauler, or collectors and haulers of source-separated recyclable materials shall collect garbage, paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas trees, tree trimmings and similar vegetative materials throughout the Township on routes and according to schedules approved by the Board or its designee.

H. Collections shall not be made on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.

I. Collections shall be made at those hours mutually agreed upon between the authorized collector and the Board or its designee. Hours agreed upon shall be so indicated within the collection contracts.

J. All routes, schedules and traffic of collection trucks upon streets and highways shall be subject to the approval of the Board or its designee. No change in the service area or schedules shall be made unless the Board or its designee and all affected customers receive at least two weeks' written notice.

K. The licensed collector or waste hauler shall, on scheduled routes, cooperate with special cleanup drives or weeks as may be promulgated by the Township, which shall not exceed two in number in any one year. In addition thereto, upon request, the authorized collector shall provide a separate and special collection on a day or days as may be required in order to collect abandoned Christmas trees.

L. It shall be unlawful for any person to deposit any refuse or other waste material at the roadside for collection more than 24 hours prior to the time prescribed by collectors or to leave any refuse containers at the roadside for more than 24 hours after collection of such refuse or other waste material.

M. Notwithstanding the collection requirements for vegetative materials set forth in § 95-5D through F, the Township shall maintain a dropoff location in or near the municipality where residents and commercial, industrial, and municipal establishments are provided the opportunity, at least weekly, to drop off leaf waste. Currently, the dropoff location for leaf waste is located on Rushland Road. Dropoff times and requirements, as well as any amendments to the dropoff location, are available at the Township administrative offices and on the Township website.

§ 95-6 DEP license required.

A. No person shall collect or remove any municipal waste from within Warwick Township without first obtaining written authorization from PADEP in accordance with the provisions of Act 90[1] and providing a copy of such written authorization to Warwick Township. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste to PADEP-approved facilities or recyclables to appropriate recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities.

[1] Editor's Note: See 27 Pa. C.S.A. § 6201 et seq.

B. For a collector or waste hauler to collect and transport municipal waste within Warwick Township, a collector or waste hauler shall submit a registration form to Warwick Township which shall include a copy of his or her state-issued written authorization, and a copy of his or her municipal and residual waste transporter authorization application (DEP Form 2500-PM-BWM0015) along with any of the following information that may be deemed appropriate by the municipality:

(1) A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle:

(a) Identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number);

(b) Date and location of most recent vehicle inspection; and

(c) Hauling capacity of the vehicle.

(2) The type of municipal waste to be collected and transported.

(3) Certificate(s) of insurance evidencing that the waste hauler or collector has valid liability, automobile and workmen's compensation insurance in the minimum amounts established and required by separate resolution of Warwick Township.

(4) If hauling or collecting source-separated recyclable materials in the municipality, identify the materials being hauled or collected and provide the following information for each vehicle:

(a) Identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number);

(b) Date and location of most recent vehicle inspection; and

(c) Hauling capacity of the vehicle.

C. Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal waste or source-separated material in Warwick Township.

D. All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97,[2] Act 101,[3] the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 95-7 Collection vehicles, equipment and personnel.

A. Licensed collectors and licensed haulers shall meet the requirements of 25 Pa. Code § 285.201.

B. It shall be unlawful to collect, haul, transport or convey refuse in open, unenclosed vehicles, and all vehicles used for collection of refuse shall be equipped with compacting devices, unless such refuse is hauled from private property by the owner, at which time such refuse shall be placed in suitable containers and all other provisions of this article pertaining to the collection and conveying of refuse shall be adhered to.

C. Collection trucks at all times shall be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania, County of Bucks and the Township; provided, however, that open-type vehicles may be used only for the collection of large items of debris which cannot be collected by ordinary means because of size or weight. "Debris," as used in this subsection, means broken furniture, appliances, chunks of concrete, bricks, stones and similar material.

D. The licensed collector or waste hauler shall furnish proof that he is the owner of the vehicle or vehicles to be used, or he must produce a written lease or rental agreement between the titled owner of the vehicle or vehicles and the collector.

E. Vehicles and equipment shall not be loaded so that garbage, trash or debris, as defined in § 95-7C may spill or drop onto the highways or streets, nor shall the equipment be so designed or maintained so as to permit the leakage of fluids. All trucks shall be regularly cleaned and kept in proper condition and shall bear the name and address of the collector plainly visible on both cab doors.

F. The Board or its designee may inspect all vehicles for compliance with the provisions of this article.

G. Each truck shall be manned by at least one driver and one helper.

H. Each truck shall have at least one broom and one shovel to clean up refuse that may be spilled or otherwise scattered during the process of collection and transportation.

I. The collector shall file with the Township a list of all vehicles and equipment with identification information thereon. Any change in equipment shall be promptly reported to the Board or its designee so that at all times the records will be correct and accurate.

J. The collector, at his expense, shall store and park the equipment at a convenient and lawful place. No trucks or equipment may be parked or stored on Township streets or roadways, except during actual collection periods.

K. All vehicles shall be operated in full compliance with Chapter 123, Noise, of this Code.

§ 95-8 Failure to comply.

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.

§ 95-9 Violations and penalties.

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.

Article II Waste, Recyclables and Leaf Waste

§ 95-10 Short title.

This article shall be known and referred to as the "Waste, Recyclables and Leaf Waste Ordinance of Warwick Township."

§ 95-11 Definitions; word usage.

A. The following words and phrases as used in this article shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:

ACT 90

The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596, No. 90, June 29, 2002).[1]

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]

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.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, offices, restaurants, shopping centers and theaters.

COUNTY

The County of Bucks, Pennsylvania.

DEPARTMENT or DEP

The Pennsylvania Department of Environmental Protection.

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 DEP rules and regulations (e.g., 25 Pa. Code Chapters 75[4] and 271).

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or production activities, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery and tee trimmings and similar material, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any collector or hauler of vegetative waste, municipal waste and/or source-separated recyclables possessing a current license issued by the DEP.

MUNICIPALITY

Warwick Township, Bucks County, Pennsylvania.

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.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty, 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.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, recycling facilities, composting facilities and resource-recovery facilities.

RECYCLABLE MATERIALS

Residential dwelling units shall recycle aluminum cans, glass containers, leaf waste, bimetal containers, No. 1 and No. 2 plastic containers, corrugated paper and newspaper. Nonresidential recyclable materials shall include aluminum cans, bimetal cans, high-grade office paper, glass containers, leaf waste, No. 1 and No. 2 plastic containers, newsprint, and corrugated paper.

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 material other than a fuel for the generation of energy.

SCAVENGING

The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a processing or disposal facility.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials, including leaf wastes, that are separated from municipal waste at the point of origin or generation for the purpose of recycling.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

[1] Editor's Note: See 27 Pa. C.S.A. § 6801 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

[4] Editor's Note: See 25 Pa. Code § 272.201 et seq.

B. For the purposes of this article, the singular shall include the plural and the masculine shall include the feminine and neuter.

§ 95-12 Prohibited activities.

A. It shall be unlawful for any person to collect leaf waste or municipal waste or source-separated recyclable materials from any residential, public, commercial, industrial or institutional establishment within Warwick Township without first securing the necessary approvals from DEP.

B. It shall be unlawful for any person to collect and/or transport leaf waste or municipal waste or source-separated recyclable materials from any sources within Warwick Township in a manner not in accordance with the provisions of this article, any applicable municipal ordinance, the Bucks County Municipal Waste Management Plan, Act 101, the minimum standards and requirements established in Chapter 285 of the DEP's Municipal Waste Management Regulations (25 Pa. Code Chapter 285) and/or any federal, state or local regulations.

C. It shall be unlawful for any person to scavenge any material from any municipal waste or source-separated recyclable materials that are stored or placed for subsequent collection within Warwick Township without prior approval from the municipality.

§ 95-13 Standards for collection and transportation.

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.

§ 95-14 Mandatory residential recycling.

A. Separation.

(1) Recyclable materials. All residents within the municipality shall source separate recyclable materials (as defined above) generated by such person or generated within a residential unit, multifamily unit or nonresidential unit occupied by such person. When placed at the curbside of the resident for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclables. Such containers shall initially be provided by the Township.

(2) Leaf waste. All residents of Warwick Township shall separate leaf waste from other municipal waste generated at their property and shall prepare leaf waste for collection in accordance with regulations adopted hereunder. Any resident who delivers his or her leaf waste to a recycling or composting facility or composts his or her own yard waste shall not be required to comply with the provisions of this section.

B. Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of one time per week. Collection of leaf waste shall be as set forth in § 95-5D through F of this chapter. Christmas trees shall be collected at least once between January 7 and January 31 by the Township or any collector contracted to pick up trash in the Township.

C. Prohibition. No person shall place municipal waste in containers used for the separation, collection and transportation of recyclables; no person shall place recyclable materials or leaf waste in containers used for the separation, collection and transportation of municipal waste.

D. Notice of violation. Any person who shall violate the provisions of this section shall receive an official written notice of noncompliance from the Township for the first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.

§ 95-15 Recycling for commercial, institutional and municipal establishments, multifamily housing and sponsors or organizers of community activities.

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.

§ 95-16 Licensing requirements.

A. No person shall collect or remove and then subsequently haul or transport any municipal waste or source-separated recyclable material through or upon the streets of Warwick Township without first obtaining written authorization from DEP in accordance with the provisions of Act 90. This section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste or recyclables to approved facilities or recyclables to recycling centers, nor to farmers, landscapers or nurserymen who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective- business activities.

B. Each licensed waste hauler or collector shall dispose of all municipal waste at a facility or facilities approved by DEP or facility approved by a state other than Pennsylvania.

C. For a collector or waste hauler to collect and transport municipal waste within Warwick Township, a collector or waste hauler shall submit a registration form to Warwick Township which shall include a copy of his or her state-issued written authorization, and a copy of his or her municipal and residual waste transporter authorization application (DEP Form 2500-PM-BWM0015) along with any of the following information that may be deemed appropriate by Warwick Township:

(1) A list of collection vehicles covered under the written authorization, including, as a minimum, the following information for each vehicle:

(a) Identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number);

(b) Date and location of most recent vehicle inspection; and

(c) Hauling capacity of the vehicle.

(2) The type of municipal waste to be collected and transported.

(3) If hauling or collecting source-separated recyclable materials in the municipality, identify the materials being hauled or collected and provide the following information for each vehicle:

(a) Identification information for each vehicle (such as vehicle license number, vehicle registration number, or company identification number);

(b) Date and location of most recent vehicle inspection; and

(c) Hauling capacity of the vehicle.

D. Any person who fails to satisfy the minimum standards and requirements of this article or is in violation of the provisions of this article may not lawfully collect municipal waste or source-separated material in Warwick Township.

E. All licensed collectors and licensed waste haulers shall meet the requirements of Act 90, Act 97, Act 101, the Bucks County Municipal Waste Management Plan, and all PADEP rules and regulations (25 Pa. Code Chapter 285).

§ 95-17 Reporting requirements.

A. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall promptly report any significant changes in the collection vehicles or equipment covered under the license and any changes in insurance coverage to the municipality.

B. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall maintain current, up-to-date records of the collected municipal waste and/or source-separated recyclable material within Warwick Township. Such records and collected volume reports shall be subject to review by and made available to the municipality or its authorized agents upon written request.

C. All licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials operating within Warwick Township shall document the origin of leaf waste and municipal waste and source-separated recyclable material and the ultimate disposal point of said waste and recyclables. As part of the program, each licensed collector, licensed waste hauler, and collectors and haulers of source-separated recyclable materials shall prepare and submit a semiannual report to Warwick Township. The report for the first half of the year (July through June) shall be submitted on or before July 31, and the report for the second half of the year (January through December) shall be submitted by January 31 of the following year. At a minimum, the following information shall be included in each report:

(1) The total weight of municipal waste, leaf waste and source-separated recyclable materials collected from all sources within the municipality during each month of reporting period.

(2) The name of each processing and/or disposal facility used during the reporting period and total weight of municipal waste, leaf waste and/or source-separated recyclable materials delivered to each facility during each month of the reporting period.

(3) Any other information determined to be necessary to demonstrate municipal compliance with DEP regulations.

D. All semiannual reports submitted to the municipality from licensed collectors, licensed waste haulers, and collectors and haulers of source-separated recyclable materials shall be submitted by the municipality to the county by August 31 (covering January through June) and by February 28 of the following year (covering July through December).

§ 95-18 Violations and penalties.

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.

§ 95-19 Injunctive powers.

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.