[Adopted 8-28-2007 by Ord. No. 07-09 (Ch. 20, Part 2, of the 1995 Code
of Ordinances)]
The short title of this article shall be the "Warrington Township
Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
following meanings:
Empty all-aluminum beverage and food containers.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
Cardboard containers, including used corrugated containers
used to ship merchandise and other papers such as grocery bags.
Bottles and jars made of clear, green or brown glass. Expressly
excluded from this definition and from recycling are noncontainer
glass, plate glass, porcelain, and ceramic products.
Paper composed primarily of bleached (white) papers that
have gone through a printing operation of some type, including, but
not limited to, computer printout paper and copier paper.
Any establishment or facility engaged in the commercial production
and sale of goods and services, including, but not limited to, manufacturing,
assembly and processing.
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 material, but not including grass clippings.
All types of paper discarded from offices and homes, such
as colored papers, envelopes, magazines and catalogs.
All 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.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded from recycling are newspapers which have been soiled.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or 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.
Empty plastic containers. Due to the large variety of types
of plastic, the recycling regulations may stipulate specific types
of plastic which shall be recycled or be excluded from recycling.
Those materials specified by Warrington Township to be recycled.
The list of materials shall be specified in the recycling regulations
resulting from this article and may be revised, from time to time,
as deemed necessary by Warrington Township.
Any occupied single- or multifamily dwelling from which a
waste hauler collects municipal waste.
Empty food or beverage containers consisting of ferrous sides
and bottom, including tin-plated and bimetal cans.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established a policy for the mandatory separation
of recyclable materials and leaf waste from municipal waste by all
persons within the Township of Warrington.
Recyclable materials shall be placed at the curb or other designated
collection point separate from municipal waste. Failure to properly
separate recyclable materials and leaf waste from municipal waste
may result in the noncollection of municipal waste. Failure to properly
separate recyclable materials may result in the noncollection of recyclable
materials.
It shall be a violation of this article for any person(s), unauthorized
by Warrington Township, to collect or pick up or cause to be collected
or picked up any such recyclable material. Each such violation hereof
shall constitute a separate and distinct offense punishable as hereinafter
provided.
The Township Manager or his authorized representative is authorized and directed to enforce the provisions of this article by such legal means as are available, including, but not limited to, the filing of citations, the service of cease-and-desist orders, the filing of actions at law, and the like. The same is hereby authorized and directed to develop and submit to the Board of Supervisors for approval such reasonable regulations as to manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this article. The Township may change, modify, repeal or amend any portion of said rules and regulations at any time. All licensed haulers are authorized to enforce the provisions of § 280-18 of this article concerning the improper separation of recyclable materials by means of noncollection of said materials. In addition, all licensed haulers are authorized to tag improperly separated materials and to report such improper separation to the Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
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.
Any persons may donate or sell recyclable materials to individuals
or organizations authorized by Warrington Township in its recycling
regulations. These materials must either be delivered to the individual's
or organization's site, or they may be placed at curbside or
other designated collection point for collection by said individual
or organization on days not established as recyclable material collection
days by Warrington Township. Nothing contained within this article
is designed to impede any existing recycling program assuming said
program is consistent with applicable law and in conformance with
the terms and conditions of this article.
A.
Residential collection. The collection of recyclables (glass containers,
steel containers, aluminum cans, plastic containers, and newsprint)
from residences in Warrington Township shall be in accordance with
the following:
(1)
Recyclables to be separated:
(a)
Glass containers. Bottles and jars restricted to clear, green
or brown glass. No other types of glass or ceramics are recyclable
in the program.
(b)
Steel containers and aluminum cans. Aluminum cans and steel
containers restricted to beverage and food containers. No other type
of can is recyclable in this program.
(c)
Plastic containers. HDPE and PET, Nos. 1 and 2 plastic containers
only. No other types of plastics are recyclable in this program.
(d)
Newsprint. Newsprint not including magazines.
(3)
Packaging recyclables for collection. Glass containers, aluminum cans, steel containers and plastic containers, as described under Subsection A(1)(a), shall be commingled (or mixed) in the recycling container and placed at curbside or other designated collection point separate from municipal waste for pickup on the recycling collection service's designated collection day. Newsprint shall be stacked 12 inches high, tied with twine or placed in double paper bags (no plastic bags).
(4)
Other requirements.
(a)
All glass containers, aluminum cans, steel containers and plastic
containers shall be clean; contents, caps and covers removed; labels
may remain.[1]
(b)
Recyclables shall be placed at curbside or other designated
collection point at ground level. They shall not be placed within
the street itself.
(c)
Recyclables, as defined herein, may not be included in regular
trash and rubbish disposal under penalty of law.
(d)
Only collectors licensed in Warrington Township may collect
recyclables; all others are subject to penalty of law.
(e)
Collection routes for recyclables and days for collection shall
be as determined by the recycling collection service. Collection of
recyclables shall be between the hours of 6:00 a.m. and 6:00 p.m.
(f)
Licensed collectors have the right to refuse collection of recyclables
if the material does not conform to these regulations. Collectors
must provide a notification detailing the reason recyclables were
not collected.
(g)
Recyclables shall be collected by licensed collectors a minimum
of twice monthly.
(h)
Licensed collectors may provide collection services for recyclables
other than those defined herein (e.g., other types of plastics, corrugated
cardboard, etc.).
(i)
Any nonprofit organization may collect recyclable materials
only after obtaining a solicitation permit from Warrington Township.
Such collection by nonprofit organizations shall occur on Saturdays
or Sundays only. Any nonprofit organization which collects recyclable
materials shall report to the Township the total weight by type of
recyclable material of the recyclable material collected.
B.
Commercial, municipal and institutional collection. The collection
of recyclable materials from commercial, municipal and institutional
establishments shall be by the establishment-designated collection
service in accordance with the following:
(2)
Other requirements.
(a)
Commercial, municipal and institutional establishments shall
separate and store all recyclable material until collection.
(b)
All other provisions of this article shall apply to commercial,
municipal and institutional establishments except where a commercial,
municipal or institutional establishment hauls its own recyclables.
If a commercial, municipal or institutional establishment hauls its
own recyclables, the establishment shall annually provide written
documentation to the Township of Warrington, on a form to be provided
by the Township, of the total weight, in pounds, of recyclable materials,
by type of recyclable material, recycled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Multifamily dwelling units' collection. The owner, landlord
or an agent of an owner or landlord of multifamily dwelling units
of four or more units shall establish a collection system for recyclables
at each property and arrange for collection of materials by a designated
recycling collection service in accordance with the following:
(1)
Recyclables to be separated:
(a)
Glass containers. Bottles and jars restricted to clear, green
or brown glass. No other types of glass or ceramics are recyclable
in the program.
(b)
Steel containers and aluminum cans. Aluminum cans and steel
containers restricted to beverage and food containers. No other type
of can is recyclable in this program.
(c)
Plastic containers. HDPE and PET, Nos. 1 and 2 plastic containers
only. No other types of plastic are recyclable in this program.
(d)
Newsprint. Newsprint not including magazines.
(2)
Other requirements.
(a)
The collection system established by owners, landlords or agents
of owners or landlords must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners and
landlords who comply with this section shall not be liable for the
noncompliance of occupants of their buildings.
(b)
All other provisions of this article shall apply to multifamily
dwelling units.
D.
Community activities collection. The collection of recyclable materials
at community activities (attended by 200 or more persons) shall be
by the sponsor's designated collection service in accordance
with the following:
(2)
Other requirements.
(a)
It shall be the responsibility of sponsors of all community
activities to inform all employees as well as users (patrons) of the
recycling program.
(b)
Sponsors of all community activities shall provide for containers
for recyclable materials. The containers shall be clearly marked with
both the recycling symbol and the type of material to be deposited
in the container.
(c)
All other provisions of this article shall apply to community
activities.
E.
Delivery of recyclable materials to landfills or incinerators.
A.
Leaf waste shall mean leaves, garden residues, shrubbery and tree
trimmings, including holiday trees, and similar material, but not
including grass clippings.
B.
All persons shall separate leaf waste from all other waste for collection
by their private waste hauler on the first Saturday of November, December
and May, or such other day as the Board of Supervisors may designate.
On other months, leaf waste may be dropped off on the first full week
of the month at a Township site(s) to be determined. Grass clippings
may be disposed with other trash.
C.
Leaf waste shall be placed in kraft (brown paper) bags or other container
acceptable to the hauler.
D.
Haulers shall deliver the leaf waste to facilities approved by the
PADEP to process such waste.
The Warrington 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.
