[Ord. 700, 9/30/2010]
The title of this Part 1 shall be the "Warminster Township Recycling
Ordinance," and the same may be cited in that manner.
[Ord. 700, 9/30/2010]
1.
ACT 90
ACT 97
ACT 101
ALUMINUM CONTAINERS
BULK WASTE
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITY
CORRUGATED PAPER
CURBSIDE RECYCLING COLLECTION
GLASS CONTAINERS
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MAGAZINES and PERIODICALS
MULTIFAMILY HOUSING PROPERTY
MUNICIPAL WASTE
NEWSPRINT
OFFICE PAPER
PERSON
PLASTIC
RECYCLABLE MATERIALS
RECYCLING
RESIDENTIAL PROPERTY
SOURCE-SEPARATED RECYCLABLE MATERIALS
STEEL CONTAINERS
TOWNSHIP
YARD WASTE
The following words and phrases as used in this Part 1 shall have
the meanings 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]
Empty food or beverage containers consisting of ferrous sides
and bottoms and aluminum tops.
Large items of refuse, including but not limited to furniture,
carpet, tires, and appliances, which require collection in other than
conventional compactor refuse collection vehicles.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, offices, restaurants,
shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics, carnivals, and organized sporting events attended
by 200 or more individuals per day.
Structural paper material with an inner core shaped in ridged
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curb or street line by persons residing at
a residual property.
Bottles and jars made of clear, green, or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass, and porcelain
and ceramic products.
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.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals; expressly excluded are all other paper
products.
Property containing more than four dwelling units in one
building and all dwellings within the building shall have common ownership.
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.
Paper of the type commonly referred to as newspaper and distributed
at fixed or varying intervals, having printed thereon news and/or
opinions, containing advertisements and other matters of public interest;
expressly excluded, however, are newsprint which has been soiled.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or any the legal
entity recognized by law as the subject of rights and duties. In any
provisions of this Part 1 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 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.
Those materials specified by the Township for specific collection
in accordance with recycling regulations. Such materials may include,
but shall not be limited to, leaf waste, yard waste, glass containers,
aluminum containers, steel containers, bimetallic containers, office
paper, newsprint, corrugated paper, and plastics.
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.
All properties used for residual purposes, regardless of
the number of dwelling units, except for multifamily housing properties.
Materials, including leaf waste, that are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
Empty ferrous or tin food or beverage containers.
The Township of Warminster, Bucks County, Pennsylvania.
Leaf waste as defined above and grass clippings.
2.
For the purpose of this Part 1, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. 700, 9/30/2010]
1.
Warminster Township, or an authorized person or persons under contract
by the Township, shall collect, transport, process and dispose all
source-separated recyclable materials generated at residential properties
within the Township. In the event that the Township, or an authorized
person or persons under contract by the Township, does not collect,
transport, process or dispose all source-separated recyclable materials,
then all persons owning or occupying residential properties shall
contract directly with a licensed collector or licensed waste hauler
for such services.
2.
Separation of materials. All persons residing in a residential property
shall separate recyclable materials from municipal waste. Recyclable
materials shall mean those materials specified by the Township in
accordance with recycling regulations. Such materials may include
but shall not be limited to yard waste, glass containers, aluminum
containers, bimetallic containers, steel containers, newsprint, corrugated
paper, and plastic.
3.
Placement of containers. All containers used for recycling must be
clearly identified as such. Recyclable materials shall be placed at
the curb or street line, or at an area designated by the Township,
separate from municipal waste for collection at such times and dates
as may be hereinafter established by regulation. Recyclable materials,
with the exception of newsprint, must be placed in waterproof containers.
Newsprint must be bundled separately in paper bags or tied with twine
and placed next to the recycling container at the curb. Recyclable
materials must be placed at least three feet from the municipal waste
at the curb or street line, or at an area designated by the Township.
Recyclable materials, including bundles of newsprint, shall not exceed
50 pounds in weight.
4.
Times for placement and removal of containers. Recycling containers
shall be stored on the owner's property and shall not be placed
at the curb or street line, or at an area designated by the Township,
for collection before 6:00 p.m. on the evening preceding a scheduled
collection day. Empty containers shall be removed from the curb by
10:00 p.m. on the day of collection. Recycling containers shall not
be kept at the curb or street line, or stored on the owner's
property in such location to be unseen from public streets or roads
or from the front yards of immediate neighboring party.
[Ord. 700, 9/30/2010]
1.
All commercial, industrial, institutional, and municipal establishments
and community activities shall separate recyclable materials from
municipal waste.
2.
All commercial, industrial, institutional, and municipal establishments
shall recycle corrugated paper, office paper, and aluminum containers.
3.
All community activities shall recycle aluminum containers, glass
containers, bimetallic containers, steel containers, and plastic.
4.
All persons owning commercial, industrial, institutional, or municipal establishments and all organizers of community activities shall establish, implement, and manage a program for the recycling of recyclable materials generated at their properties or community activities in accordance with the provisions of this Part 1, 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, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
5.
Frequency of collection. The recyclable materials for all commercial,
industrial, institutional, and municipal establishments shall be collected
as often as required by generated volumes and environmental conditions,
but not less than once a month.
6.
Reporting. All commercial, industrial, institutional, or municipal
establishments are required to submit a recycling report at such time
as the Township may deem appropriate to the Township Manager on forms
provided by the Township.
[Ord. 700, 9/30/2010]
1.
All persons residing at multifamily housing properties shall separate
recyclable materials from municipal waste.
2.
All persons residing in multifamily housing properties shall recycle
those materials specified by the Township for separate collection
in accordance with recycling regulations. Such recyclable materials
may include, but shall not be limited to, the following items: glass
containers, aluminum containers, bimetallic containers, steel containers,
newsprint, corrugated paper, and plastic.
3.
All persons owning or managing multifamily housing properties shall establish, implement, and manage a program for the recycling of recyclable materials generated at their properties in accordance with the provisions of this Part 1, 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, any applicable Bucks County Department of Health regulations, and/or any other federal, state, or local regulations.
4.
The owner or manager shall inform all persons residing at the multifamily
housing property of the program, including the dates, times, and location
of collection, the items to be recycled, and the method of collection.
Such information shall be provided by the owner to all persons not
less than once per year and to all new persons at the time of occupancy.
5.
Frequency of collection. The recyclable materials for all multifamily
housing properties shall be collected as often as required by generated
volumes and environmental conditions, but not less than once a month.
6.
Reporting. All multifamily housing properties are required to submit
a recycling report at such time as the Township may deem appropriate
to the Township Manager on forms provided by the Township.
[Ord. 700, 9/30/2010]
All persons residing in a residential property shall separate
yard waste from municipal waste for on-site mulching or on-site composting,
or for disposal or processing at a composting facility in accordance
with recycling regulations. All persons owning or managing multifamily
residential properties, commercial, institutional, industrial and
municipal establishments shall separate leaf waste from municipal
waste for processing at a composting facility.
[Ord. 700, 9/30/2010]
It shall be a violation of this Part 1 for any persons, unauthorized
by the Township, to collect or pick up or cause to be collected or
picked up any such recyclable materials at any property within the
Township. Each such collection in violation hereof shall constitute
a separate and distinct offense punishable as hereunder provided.
[Ord. 700, 9/30/2010]
Any person may donate or sell recyclable materials to individuals
or organizations. These materials must be delivered to the site of
such individual or organization.
[Ord. 700, 9/30/2010]
The Township Manager, the Township Manager's designee,
and sworn Warminster Township police officers are hereby authorized
and directed to enforce this Part 1.
[Ord. 700, 9/30/2010]
The Warminster Township Board of Supervisors may, by resolution,
establish and promulgate regulations to administer and manage this
Part 1. These regulations may be amended, by resolution, from time
to time by the Warminster Township Board of Supervisors.
[Ord. 700, 9/30/2010]
Any person who shall violate any provision this Part 1, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part 1 continues or each section of this Part 1 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 1, or the failure to do any act or thing as to which any provision of this Part 1 creates any affirmative duty, shall constitute a violation of this Part 1 punishable as herein stated.
[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 1.