[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick 5-23-1988 by Ord. No. 88-3 (Part
6:450 of the 1984 Township Code). Amendments noted where applicable.]
[Amended 9-24-1990 by Ord.
No. 90-14]
The short title of this chapter shall be the "Township of Warwick Recycling
Ordinance," and the same may be cited in that manner.
[Amended 9-24-1990 by Ord.
No. 90-14]
As used in this chapter, the following terms shall have the meanings
indicated:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
- COMMERCIAL ESTABLISHMENT
- An establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
- COMMUNITY ACTIVITIES
- Events that are sponsored in whole or in part by a mandated municipality or conducted within a mandated municipality and sponsored privately which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
- COMPOSTING
- A controlled microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.
- CORRUGATED PAPER
- Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
- HIGH-GRADE OFFICE PAPER
- Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper and computer paper.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTION ESTABLISHMENT
- Any establishment or facility engaged in services, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar materials but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
- MULTIFAMILY RESIDENCE
- Any occupied residential structure having in excess of four dwelling units per structure, including without limitation apartments, townhouses, condominiums and cooperatives.
- MUNICIPAL ESTABLISHMENT
- Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency or federal government or agency.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- NEWSPAPERS
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
- PERSON
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter 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.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
- PRIVATE COLLECTOR/HAULER
- A person providing collection, hauling and disposal services for municipal waste and/or recyclable materials on a private contract basis.
- RECYCLABLE MATERIALS
- Those materials specified by the municipality to be recycled. This list of materials is specified in the recycling regulations resulting from this chapter, are designated in § 149-4 hereof and may be revised from time to time as deemed necessary by the municipality.
- 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 reuseable materials other than a fuel for the operation of energy.
- RESIDENCE
- Any occupied single- or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
- SOLID WASTE
- All refuse, garbage and rubbish and other discarded solid material normally collected by municipal or private haulers.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[Amended 9-24-1990 by Ord.
No. 90-14]
There is hereby established a program requiring the separation from
municipal waste of recyclable materials and leaf waste generated at residences,
multifamily residences, commercial, municipal and institutional establishments
and community activities.
[Amended 9-24-1990 by Ord.
No. 90-14]
A.
Residences. Designated recyclable materials generated
at residences shall be placed at the curb separate from municipal waste for
collection at such times and dates and from such containers as may be established
by regulation. Designated recyclable materials for residences are aluminum
cans, clear glass containers and newspaper.
B.
Multifamily residences. Recyclable materials generated
at multifamily residences shall be placed in appropriate containers, separate
from municipal waste. Collection receptacles of sufficient size for recyclable
materials shall be placed in easily accessible locations, such as storage
areas or areas where municipal waste is presently collected. Recyclable materials
shall be stored in accordance with State Fire Code regulations and all federal,
state and local health and safety laws and ordinances until collection. Recyclable
materials shall be collected at least once per month. Designated recyclable
materials for multifamily dwellings are aluminum cans, clear glass containers
and newspaper.
C.
Commercial, municipal and institutional establishments
and community activities. The owners/operators of commercial, municipal or
institutional establishments or sponsors/organizers of community activities
shall separate designated recyclable materials from municipal waste. Recyclable
materials shall be placed in appropriate containers. Collection receptacles
shall be placed in all buildings, in all floors and wings thereof, in each
office and in all areas where food is served or consumed, including without
limitation cafeterias, lunchrooms, fast-food areas and vending machine rooms.
Recyclable materials shall be stored in accordance with State Fire Code regulations
and all federal, state or local health and safety laws and ordinances until
collection. Recyclable materials shall be collected at least once per month.
(1)
Designated recyclable materials for commercial, municipal
or institutional establishments and community activities are aluminum cans,
high-grade office paper and corrugated paper.
(2)
Exemption: Owners/operators of commercial, municipal
or institutional establishments may obtain an exemption from the requirements
of this chapter if those persons/establishments otherwise provide for recycling
high-grade office paper, aluminum, corrugated paper, leaf waste and any other
materials that such establishments are required to recycle. To qualify for
an exemption under this subsection, commercial, institutional and municipal
establishments must provide written documentation on or before January 20
for the previous calendar year. This documentation may be in the form of one
of the following:
(a)
Copies of weight receipts or statements which consolidate
such information.
(b)
A report from the provider of recycling collection services
which identifies the amount of each material collected and marketed. The type
and weight of recyclables generated by an individual establishment may be
approximated based on a representative sample of its source-separated materials.
Where recyclables from several establishments are collected in the same vehicle,
an individual establishment's contribution to the load may be apportioned.
Only the weight of materials marketed for recycling purposes can be credited
to an establishment.
(c)
A report from the provider of waste collection services
that identifies the type and weight of each recyclable material collected
and marketed in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual establishment
may be approximated based on a representative sample of its waste. Where materials
from several establishments are collected in the same vehicle, an individual
establishment's contribution to the load may be apportioned. Only the weight
of materials marketed for recycling purposes can be credited to an establishment.
[Added 9-24-1990 by Ord.
No. 90-14]
Persons shall separate leaf waste from other municipal waste generated
within the municipality. No leaf waste shall be placed for collection unless
the leaf waste is to be composted.
[Added 9-24-1990 by Ord.
No. 90-14]
A.
All municipal waste and recyclable materials and leaf
waste accumulated at residences, multifamily residences, commercial, institutional
and municipal establishments and at community activities shall be collected,
conveyed and disposed of only by private collectors/haulers under contract
with or licensed by the municipality. When approved by the municipality, commercial,
institutional or municipal establishments may collect, convey and dispose
of municipal waste and/or recyclable material generated by said establishments.
B.
All licensed private collectors/haulers shall file with
the municipality an annual report due January 20 of all solid waste and recyclable
material collection and separation activities performed by the licensee within
the municipality during the previous calendar year at each commercial, institutional
or municipal establishments and community activity providing the following
information:
(1)
The type and amount of compostable materials collected
within the reporting period.
(2)
The type and amount of recyclable materials collected
within the reporting period.
(3)
The type and amount of all solid waste, compostable and
recyclable materials collected within the reporting period.
(4)
The name and address of the private collector.
It shall be a violation of this chapter for any person(s) unauthorized
by the municipality to collect or pick up or cause to be collected or picked
up any such recyclable material. Each such collection in violation hereof
shall constitute a separate and distinct offense punishable as hereinafter
provided.
The Board of Supervisors is authorized and directed to enforce this
chapter. The same is hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner, days and times for the collection
of recyclable materials in accordance with the terms hereof and any other
matters required to implement this chapter. The Board of Supervisors may change,
modify, repeal or amend any portion of said rules and regulations at any time.
[Amended 9-24-1990 by Ord.
No. 90-14]
A.
Any person who shall fail, neglect or refuse to comply
with any of the terms or provisions of this chapter or of any regulation promulgated
pursuant hereto pertaining to the separation, storage, collection, transportation
or disposal of recyclable materials or municipal waste shall, upon conviction
thereof, be subject to payment of court costs and a fine not to exceed $10
upon first conviction, $25 upon second conviction and $50 upon third or subsequent
convictions. No prosecutions hereunder shall be instituted for offenses less
than 90 days from the effective date of this chapter.
B.
Notwithstanding the foregoing, any person who violates
this chapter by collecting or picking up or causing to be collected or picked
up without the appropriate municipal license recyclable materials shall, upon
conviction thereof, be subject to payment of court costs and a fine not to
exceed $300.
C.
Owners, landlords and agents for owners or landlords
who comply with this chapter shall not be liable for the noncompliance of
tenants/occupants of their property.
The Board of Supervisors may enter into agreements with public or private
agencies or firms to authorize them to collect all or part of the recyclable
materials from curbside. Until or unless the entry into such an agreement,
this chapter shall not be in effect.
[Amended 9-24-1990 by Ord.
No. 90-14]
Any person may donate or sell recyclable materials to individuals or
organizations that are licensed or authorized by the municipality in its recycling
regulations. These materials must either be delivered to the individual's
or organization's site or they may be placed at the curb for collection by
said individual or organization on days not indicated as recyclable material
collection days by the municipality. Said individuals or organizations may
not collect recyclable materials on or immediately preceding (within 24 hours)
a regularly scheduled curbside collection day.
