[Adopted 8-28-2007 by Ord. No. 07-09 (Ch. 20, Part 1, of the 1995 Code
of Ordinances)]
This article shall be known and referred to as the "Warrington
Township Waste Collection and Transportation Ordinance."
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. For the purpose of this article, the
singular shall include the plural, and the masculine shall include
the feminine and neuter.
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 non-processing
business, including, but not limited to, stores, markets, offices,
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 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.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
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 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.
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.
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 as 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 recycling.
The off-site removal of any municipal waste at any time after
generation.
A.
It shall be unlawful for any person to collect and/or transport municipal
waste from any residential, public, commercial, industrial or institutional
establishment within Warrington Township without first securing written
authorization from the PADEP in accordance with the provisions of
Act 90.
B.
It shall be unlawful for any person to store, collect and/or transport
municipal waste or source-separated recyclable materials from any
sources within Warrington Township in a manner not in accordance with
the provisions of this article, any applicable municipal ordinance,
the Revised County Plan, Act 90, Act 101, the minimum standards and
requirements established in (25 Pa. Code) Chapter 285 of the PADEP
Municipal Waste Management Regulations, any applicable Bucks County
Department of Health regulations, and/or any other 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 Warrington Township
without prior approval from the municipality.
A.
All collectors or waste haulers operating within the Warrington Township
must comply with the following minimum standards and regulations:
(1)
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.
(2)
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.
(3)
All collection vehicles conveying putrescent municipal waste shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
(4)
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.
(5)
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 the
specific type of material transported by the vehicle. All such signs
shall have lettering at least six inches in height as required by
Act 101.
(6)
All collection vehicles and equipment used by collectors or waste
haulers shall be subject to inspection by Warrington Township or its
authorized agents at any reasonable hour without prior notification.
B.
Place of collection.
(1)
Refuse containers shall, for the purpose of collection, be placed
at ground level, and be made readily accessible to the collector.
(2)
Notwithstanding provisions of this article, householders, commercial
establishments, or other persons may, by contract with collectors,
be permitted to place containers at agreed places upon their premises.
C.
Frequency of collections.
(1)
Collection days, schedule and time. The authorized collector shall
collect municipal waste, source-separated recycled material and leaf
waste as defined herein, as follows:
(a)
Holidays. Collection shall not be made on the following holidays:
January 1, New Year's Day; the last Monday of May, Memorial Day;
July 4, Independence Day; the first Monday of September, Labor Day;
the fourth Thursday of November, Thanksgiving Day; and December 25,
Christmas Day.
(b)
Hours. Collections shall be made between the hours of 6:00 a.m.
and 6:00 p.m.
(2)
Cleanup and special collections. Authorized collectors shall cooperate with special cleanup drives or weeks as may be promulgated by the Township, which shall not exceed three in number in any one year. At a minimum, collectors shall schedule a special collection on the first Saturday of November, December and May for the collection of leaves and yard waste, or such other day as the Board of Supervisors may designate. See § 280-24.
A.
No person shall collect or remove any municipal waste from within
Warrington 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
Warrington 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 Warrington Township, a collector or waste hauler shall
submit to Warrington Township a copy of its state-issued written authorization,
and a copy of its 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:
identification information for each vehicle (such as vehicle license
number, vehicle registration number, or company identification numbers),
date and location of most recent vehicle inspection, and 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 workers' compensation insurance
in the minimum amounts established and required by separate resolution
of the governing body of the municipality.
(4)
If they are 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: identification
information for each vehicle (such as vehicle license number, vehicle
registration number, or company identification numbers) date and location
of most recent vehicle inspection, and 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 Warrington Township.
D.
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).
A.
All licensed collectors and licensed waste haulers and collectors
and haulers of source-separated recyclable materials operating within
Warrington 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 receivables. Each licensed collector and licensed
waste hauler and collectors and haulers of source-separated recyclable
materials operating in Warrington Township shall prepare and submit
an annual report to the municipality on the official Collectors and
Haulers Recyclables Documentation Reporting Form.
B.
The report shall be submitted by the PADEP-licensed collector or
-licensed waste hauler and collectors and haulers of source-separated
recyclable materials to Warrington Township by January 31 of each
year and include all of the required information pertaining to the
preceding calendar year.
C.
All annual reports submitted to the municipality 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 the municipality on the official Municipal Recyclables Documentation
Reporting Form to the County by February 28 of the year following
the reporting period.
A.
No person shall permit any waste to accumulate for a period of longer
than seven days upon property in the Township of Warrington owned
or occupied by said person, provided that owners and occupiers of
residential property are hereby required to comply with the provisions
of this article relative to making accumulated waste available for
collection as scheduled under the terms hereof; however, the provisions
of this subsection are not applicable to owners of farm property.
B.
All waste accumulated on any property in the Township of Warrington
shall be collected, conveyed and disposed of by an authorized residential
or nonresidential collector in accordance with the provisions of this
article; except that such waste may be collected, conveyed and disposed
of by property owners from their own property for the intended purpose
of depositing such waste in recycling depositories, provided that
they comply with the provisions of this article pertaining to waste
containers and vehicles, and provided that they remove their waste
to a DEP-approved site.
C.
Waste collected in any residential dwelling in the Township of Warrington shall be collected only by an authorized residential waste hauler for which the owner and/or occupier thereof shall be responsible for the payment of the fee and payment thereof shall be a matter of private agreement between the owner and the collector thereof; unless such collection service is regulated administratively by the Township of Warrington in which the collection has been performed except as indicated hereinabove in Subsection B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
All trade waste and other waste accumulated on nonresidential properties
shall be collected, conveyed and disposed of by authorized nonresidential
collector upon the direction of the owner or occupier thereof, the
fee or payment therefor to 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 waste by their own containers and/or trucks, providing they
comply with the provisions of this article applicable thereto.
E.
It shall be unlawful for any person to collect and dispose of any
waste within the Township of Warrington, except as provided in this
article.
F.
Accumulation of waste prohibited. Waste containers shall not be placed
at the curb or at any other place for the purpose of collection sooner
than the day before the scheduled collection day.
B.
Waste containers.
(1)
Waste containers shall be NSF approved and made of durable, watertight,
rust-resistant material having close-fitting lids and handles to facilitate
collection.
(2)
It shall be unlawful to permit the accumulation of residue from liquids,
solids or a combination of such materials on the bottoms or sides
of containers, it being the intention of this provision that the interiors
or containers shall be kept clean by thorough rinsing and draining
as often as necessary.
(3)
The Township of Warrington specifically reserves the right to modify
and to specifically provide for some other receptacle for the handling
of garbage or other waste which the Board of Supervisors may at some
future time deem to be acceptable, appropriate and beneficial for
handling of said waste material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. For purposes of this section, the doing
of any act or thing prohibited by any provision of this article, or
the failure to do any act or thing as to which any provision of this
article creates any affirmative duty, shall constitute a violation
of this article punishable as herein stated. Licensed collectors and
licensed waste haulers who shall violate any provision of this article
may be reported to the PADEP by Warrington Township and may be subject
to the revocation of the state authorization to transport municipal
waste, as described in Act 90.[1]
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
