[Ord. 700, 9/30/2010]
This Part 2 shall be known and referred to as the "Municipal
Waste Collection and Transportation Ordinance of Warminster Township."
[Ord. 700, 9/30/2010]
1.
ACT 90
ACT 97
ACT 101
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
DISPOSAL
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PADEP
PERSON
PROCESSING
RECYCLING
SCAVENGING
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSPORTATION
The following words and phrases as used in this Part 2 shall have
the meaning ascribed to them herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Waste Transportation Safety Act of 2002
(P.L. 596, No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[3]
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.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office, restaurants,
shopping centers and theaters.
The County of Bucks, Pennsylvania.
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 PADEP rules and regulations (25 Pa. Code Chapter 271).
[Amended by Ord. 737, 1/19/2017]
Any establishment engaged in manufacturing or production
activities, including but not limited to factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including
but not limited to hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport, and dispose of municipal waste.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
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.
The Pennsylvania Department of Environmental Protection.
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 Part 2 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.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residential 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, composing facilities, and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed 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.
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of everything.
The off-site removal of any municipal waste at any time after
generation.
2.
For the purpose of this Part 2, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. 700, 9/30/2010]
1.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Warminster Township without first securing written
authorization from the PADEP in accordance with the provisions of
Act 90.
2.
It shall be unlawful for any person to store, collect and/or transport municipal waste or source-separated recyclable materials from any sources within Warminster Township in a manner not in accordance with the provisions of this Part 2, any applicable municipal ordinance, the Revised County Plan, Act 90, Act 101, the minimum standards and requirements established in Chapter 285 of the PADEP Municipal Waste Management Regulations, and applicable Bucks Count Department of Health regulations, and/or any other federal, state, or local regulations.
3.
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 Warminster Township
without prior approval from Warminster Township.
[Ord. 700, 9/30/2010]
All collectors or waste haulers operating within the Warminster
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 applicable requirements of Act 90, Act 97, Act 101,
and PADEP regulations adopted pursuant to Act 97 and Act 101, including
the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the
collection and transportation of municipal waste.
B.
All collection vehicles conveying municipal 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
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 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 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 collectors or waste
haulers shall be subject to inspection by Warminster Township or its
authorized agents at any reasonable hour without prior notification.
[Ord. 700, 9/30/2010]
1.
No person shall collect or remove any municipal waste from within
Warminster Township without first obtaining written authorization
from PADEP in accordance with the provisions of Act 90 and providing
a copy of such written authorization to Warminster 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.
2.
For a collector or waste hauler to collect and transport municipal
waste within Warminster Township, a collector or waste hauler shall
submit a registration form to Warminster Township which shall include
a copy of its state-issued written authorization, and a copy of its
municipal and residual waste transporter authorization application
along with the following information that may be deemed appropriate
by Warminster Township:
A.
A list of collection vehicles covered under the written authorization,
including, as a minimum, the following information for each vehicle:
identification information each vehicle (such as vehicle license number,
vehicle registration number, or company identification number); date
and location of most recent vehicle inspection; and hauling capacity
of the vehicle.
B.
The type of municipal waste to be collected and transported.
C.
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 the governing body of Warminster Township.
D.
If they are hauling or collecting source-separated recyclable materials
in Warminster Township, identify the materials being hauled of collected
and provide the following information for each vehicle: identification
information for each vehicle (such as vehicle license number, vehicle
registration number, or company identification number); date and location
of most recent vehicle inspection; and hauling capacity of the vehicle.
3.
Any person who fails to satisfy the minimum standards and requirements
of this Part 2 or is in violation of the provisions of this Part 2
may not lawfully collect municipal waste or source-separated material
in Warminster Township.
4.
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).
[Ord. 700, 9/30/2010]
1.
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Warminster Township shall participate in the Bucks County Municipal
Recycling Documentation Program. The program will provide a system
for documenting the origin of municipal waste and source-separated
recyclable material by municipality and the ultimate disposal point
of said waste and recyclables. Each licensed collector and licensed
waste hauler and collectors and haulers of source-separated recyclable
materials operating in Warminster Township shall prepare and submit
an annual report to Warminster Township on the official Collectors
and Haulers Recyclables Documentation Reporting Form. The report shall
be submitted by the licensed collector or licensed waste hauler and
collectors and haulers of source- separated materials to Warminster
Township by January 31 of each year and include all of the required
information pertaining to the preceding calendar year.
2.
All annual reports submitted to Warminster Township from licensed
collectors and licensed waste haulers and collectors and haulers of
source-separated recyclable materials shall be combined into a single
report and submitted by Warminster Township on the official Municipal
Recyclables Documentation Reporting Form to the county by February
28 of the year following the reporting period.
[Ord. 700, 9/30/2010]
Any person who shall violate any provision of this Part 2, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of a fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part 2 continues or each section of this Part 2 which shall be found to have been violated shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this Part 2, or the failure to do any act or thing as to which any provision of this Part 2 creates any affirmative duty, shall constitute a violation of this Part 2 punishable as herein stated. Licensed collectors and licensed waste haulers who shall violate any provision of this Part 2 may be reported to PADEP by Warminster Township and may be subject to the revocation of the state authorization to transport municipal waste, as described in Act 90.
[Ord. 700, 9/30/2010]
Warminster 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 Part 2.
