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.