[Ord. 700, 9/30/2010]
The title of this Part 3 shall be the "Warminster Township Municipal
Waste Management Ordinance," and the same may be cited in that manner.
[Ord. 700, 9/30/2010]
1.Â
ACT 90
ACT 97
ACT 101
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITY
COUNTY
DETACHABLE CONTAINER OR MECHANICAL BIN
DISPOSAL
GARBAGE
GOVERNING BODY
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MULTIFAMILY HOUSING PROPERTY
MUNICIPAL WASTE
PERSON
PROCESSING
RECYCLABLE MATERIALS
RECYCLING
REFUSE
RESIDENTIAL PROPERTY
RESIDUE
RUBBISH
SCAVENGING
SOLID WASTE
SOLID WASTE MANAGEMENT
SOURCE-SEPARATED RECYCLABLE MATERIALS
TOWNSHIP
TRANSFER STATION
TRANSPORTATION
YARD WASTE
The following words and phrases as used in this Part 3 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 establishment engaged in a nonmanufacturing or nonprocessng
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.
The County of Bucks, Pennsylvania.
Any container which may be mechanically lifted and emptied
into the collection vehicle.
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 the Commonwealth of Pennsylvania. 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 Department of Environmental Protection (DEP) rules and regulations (e.g., 25 Pa. Code Chapter 271).
[Amended by Ord. 737, 1/19/2017]
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals,
or human and animal excrement.
The elected officials of the Township of Warminster, Bucks
County, Pennsylvania.
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.
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.
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 3 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.
Those materials specified by the Township for separate 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 solid wastes, except body wastes; and shall include,
but is not limited to, garbage, ashes, bulk waste and rubbish; except
that the refuse shall specifically exclude hazardous waste and source-separated
recyclable materials.
All properties used for residential purposes, regardless
of the number of dwelling units, except for multifamily housing properties.
Solid materials remaining after burning, including but not
limited to ashes, metals, glass, ceramics, and unburned organic substances.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic, and noncompostable plant material, wood or
nonputrescible solid waste).
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Garbage, refuse, and other discarded solid materials, including
but not limited to solid waste materials resulting from industrial,
commercial and agricultural operations, and from community activities.
Liquids, semisolids, and contained gaseous materials are hereby defined
as solid waste. It shall not include solids or dissolved materials
in irrigation return flows or other common water pollutants. In addition,
it shall not include hazardous waste.
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
Materials, including leaf waste, which are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
The Township of Warminster, Bucks County, Pennsylvania.
A fixed facility used for receiving refuse from collection
trucks and placing it in large-volume, long-haul vehicles.
The off-site removal of any municipal waste at any time after
generation.
Leaf waste, as defined above, and grass clippings.
2.Â
For the purpose of this Part 3, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. 700, 9/30/2010]
The Warminster Township Board of Supervisors shall be responsible
for all aspects of municipal waste management within Warminster Township.
[Ord. 700, 9/30/2010]
1.Â
All persons shall store, collect, haul, transport, process and dispose of any municipal waste in accordance with the provisions of this Part 3, 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.
2.Â
No person owning or occupying any property with the Township shall
permit any municipal waste to accumulate for a period of longer than
seven days.
3.Â
It shall be unlawful to keep or allow in or about any dwelling or
upon any land or other premises within the municipality solid waste
of any kind which is obnoxious or offensive by reason of dust of odor,
or which attracts insects and vermin, except in covered receptacles.
The cover shall be tight and fly-proof; and it shall be unlawful to
retain accumulation of any said solid waste so as to constitute a
menace to the health and safety, it being a presumption that such
a menace exists when more than seven days have elapsed after such
solid waste is originally retained, accumulated or permitted to accumulate;
and nothing herein contained shall be construed to permit the retention
of any solid waste which is or becomes obnoxious or offensive by reason
of dust or odor, or which attracts insects or vermin.
4.Â
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small (retail-sold) spray cans.
5.Â
No hazardous waste shall be stored or placed for collection on residential
properties except for small quantities of such waste normally found
in the household and available on a retail basis to the homeowner.
[Ord. 700, 9/30/2010]
1.Â
Warminster Township, or an authorized person or persons under contract
by the Township, shall collect, transport, process and dispose all
municipal waste 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 municipal waste, then all persons owning or occupying residential
properties shall contract directly with a license collector or licensed
waste hauler for such services.
2.Â
All persons owning and occupying residential properties shall make
municipal waste available for collection at such times and dates as
may be established by regulation.
3.Â
All people shall provide a sufficient number of containers for the
collection and storage of municipal waste.
4.Â
Preparation for collection. Municipal waste must be placed in a suitable
container which has a tight-fitting cover and handles, is watertight
and animal-proof and easily carried by the collector. Containers shall
not be less than 20 gallons or more than 35 gallons in capacity. The
municipal waste and container combined shall weigh less than 50 pounds.
5.Â
Placement of municipal waste and containers. Municipal waste and
containers shall be placed at the curb or street line or at an area
designated by the Township, separate from recyclable materials for
collection, at such times and dates as may be hereinafter established
by regulation. Municipal waste and containers shall not be placed
in a location which obstructs a public sidewalk or which impedes clear
vision for motorists.
6.Â
Times for placement and removal of containers. Municipal waste and
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. Containers shall
not be kept at the curb or street line or at an area designated by
the Township between scheduled collections, and they shall be 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
property.
7.Â
When detachable containers or mechanical bins are in use, they shall
be easily accessible to the collection vehicle.
[Ord. 700, 9/30/2010]
1.Â
All persons owning or managing multifamily housing properties, and commercial, industrial, institutional, or municipal establishments and all organizers of community activities shall establish, implement, and manage a program for the storage, collection, transportation, processing and disposal of municipal waste generated at their properties or community activities in compliance with § 20-204, Subsection 1, above.
2.Â
Frequency of collection. Municipal waste 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 week.
[Ord. 700, 9/30/2010]
No person shall burn or cause to burn outdoors for purposes
of disposal any municipal waste, yard waste, or recyclable materials.
[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 3.
[Ord. 700, 9/30/2010]
The Warminster Township Board of Supervisors may, by resolution,
establish and promulgate regulations to administer and implement this
Part 3. 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 of this Part 3, 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 3 continues or each section of this Part 3 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 3, or the failure to do any act or thing as to which may any provision of this Part 3 creates any affirmative duty, shall constitute a violation of this Part 3 punishable as herein stated.
