This chapter shall be known as, and may be cited as, the "Municipal Refuse and Recycling Ordinance of the City of Warren."
The purpose of this chapter is to promote public health, safety, and welfare and to eliminate public health hazards, environmental pollution, and economic loss by providing that all commercial, industrial, institutional, and residential municipal solid waste and recycling, accumulated or stored upon any property within the City, be collected, transported, and disposed.
All commercial, industrial, institutional, and residential municipal solid waste and recycling accumulated or stored upon any property within the City shall be collected, transported, and disposed of as follows:
All residential properties shall be served by a solid waste collector which is licensed by the Commonwealth of Pennsylvania and is selected by the property owner.
Recyclable materials from residential properties will be collected by a single collector contracted by the City.
All nonresidential properties shall have contracted waste service for the collection and disposal of solid waste and recycling with a collector licensed by the Commonwealth of Pennsylvania.
All municipal solid waste shall be disposed of at an approved facility in accordance with the Warren County Solid Waste Management Plan as well as any City, county, state, and federal ordinances and laws.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The use of any gender shall be applicable to all genders.
- ALUMINUM CANS
- All empty all-aluminum beverage and food containers. This does not include aluminum and foil trays.
- BACK DOOR COLLECTION SERVICE
- A location to which the contractor must walk or drive beyond the curbside to retrieve items for collection.
- BRUSH WASTE
- Woody plant material up to, and including, eight inches in diameter, such as any portion of a tree, bush, thicket, shrubs, or scrub, other than leaf waste or trunks attached to root balls that are to be discarded. Refer to Article V of this chapter for disposal. This does not include Christmas trees, which are to be disposed of separately.
- BULK WASTE
- Large items of refuse or rubbish which, by reason of their weight or dimension, cannot reasonably or conveniently be placed in garbage cans/bags. Bulk waste includes, by way of illustration and not limitation, small household appliances, lamps, furniture, large toys, swing sets, vacuum cleaners, aluminum or plastic resin lawn furniture, bicycles, tied bundles of carpeting measuring no more than four feet in length, and white goods. Bulk waste shall not consist of any items that may be packaged and disposed of using regular refuse collection procedures.
- The City of Warren, Warren County, Pennsylvania.
- CITY BILLING AGENT
- The person and/or entity designated by the City to act as the billing agent to send invoices and receive fees related to refuse and/or recycling collection.
- Such person, firm, or corporation, licensed by the Commonwealth of Pennsylvania, to collect, convey, and dispose of rubbish, garbage, bulk waste, and/or recyclable materials in accordance with the provisions of this chapter.
- COMMERCIAL ESTABLISHMENTS
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters. Multifamily dwelling units with four or more units, manufactured home parks, hotels, motels, and mixed-use properties (combined business/residential on a single parcel) are also considered commercial establishments. It does not include properties where the primary permitted use is residential and accessory use is commercial (i.e., home occupations).
- Recyclable materials which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials and which have been placed in a recycling container designated for the purpose of collection.
- The nearest point at the side of a roadway.
- DEMOLITION/CONSTRUCTION DEBRIS
- Waste materials generated by the construction, alteration, or demolition of buildings or structures, and shall include, but are not limited to, lumber, plaster, concrete, asphalt, shingles, siding, glass, fixtures, piping, wiring, and similar materials. It shall not include items designated as "hazardous materials."
- The Pennsylvania Department of Environmental Protection.
- The act or process of discarding waste and/or recyclable materials.
- A large, closed container with locking wheels used for receiving, transporting, and/or dumping waste materials other than rubbish.
- DWELLING UNIT
- A single unit providing living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This includes congregate living arrangements.
- Includes all items subject to Act 108 of 2010 (The Pennsylvania Covered Device Recycling Act); such items include, but are not limited to, computer hard drives and monitors, all sizes and types of televisions, keyboards, cell phones, printers, scanners, DVD (digital video disc) and VCR (video cassette recorder) players/recorders, CD (compact disc) players, computers and laptops, computer peripherals, small electronic appliances, cords and cables (including chargers), microwave ovens, fax machines, typewriters, and calculators. (Refer to Article V for disposition.)
- Includes the following as produced on residential properties:
- GLASS CONTAINERS
- Bottles and jars made of clear, green, or brown glass. This does not include plate glass, automotive glass, blue glass, porcelain, ceramic products, drinking glasses, Pyrexware, light bulbs, ceramics, window glass, mirrors, or dishware.
- HOUSEHOLD HAZARDOUS WASTE (HHW)
- Includes any waste material which would chemically or physically be classified as a hazardous waste but is excluded from regulation as a hazardous waste because it is produced in quantities smaller than those regulated by the DEP or the United States Environmental Protection Agency (EPA), and because it is generated by persons not otherwise covered as hazardous waste generators pursuant to DEP or EPA regulations. Such HHW materials meet at least one of the following classifications: toxic, flammable, reactive, or corrosive. HHW consists of products that are common to the average household, including, but not limited to, pesticides, herbicides, cleaners, automotive supplies, paint, and acids. (Refer to Article V for disposition.)
- INDUSTRIAL ESTABLISHMENTS
- Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, and refineries.
- INSTITUTIONAL ESTABLISHMENTS
- Those places, buildings, or properties which are not used for residential, commercial, or industrial purposes, such as churches, hospitals, schools, colleges, federal, state, and local government buildings, civic associations, and other nonprofit organizations.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings. Leaf waste does not include loose soils, sod, food waste, including that from gardens or orchards, food compost, soil contaminated with hazardous substances, and weeds that have been designated by an agricultural authority as being injurious to agricultural or horticultural crops, natural habitats or ecosystems, or humans or livestock.
- 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, commercial, industrial, or institutional establishments and community activities, food processing waste, and any sludge not meeting the definition of "residual or hazardous wastes" as defined in the Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101 et seq.).
- Any individual living or sleeping in a building or having possession of a space within a building.
- Any person, agent, or property manager having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control, but not necessarily occupancy, of the property, including the guardian of an estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by the court.
- PAPER PRODUCTS
- Newspapers, magazines, catalogs, corrugated cardboard, office paper, junk mail, pizza boxes, paper bags, paperboard (e.g., cereal boxes), phone books, and juice and paperboard milk cartons.
- Includes every natural person, firm, partnership, association, corporation or organization of any kind which is recognized by law as the subject of rights and duties.
- RECYCLABLE MATERIALS
- Includes clear glass, green glass, brown glass, aluminum cans, steel and tin cans, plastics numbered one through seven, paper products and such other items as may from time to time be designated as recyclable by the City of Warren recycling coordinator.
- The collective term applying to all garbage, rubbish or all other waste materials, excluding recyclable materials, discarded as useless from residential, commercial, industrial, institutional, and all other places and properties in the City.
- RESIDENTIAL PROPERTY
- Any property or parcel of land on which there is a place of residence for one or more persons, such as single-family dwellings, multiple-family dwellings with fewer than four units, dwelling units in buildings which have other secondary uses, such as retail stores, and all other such places occupied and used by persons as a dwelling unit and as may be determined as such by the City Zoning Administrator or Zoning Officer.
- Solid waste exclusive of garbage; rubbish includes all rags, paper, broken glass, bottles, cans, crockery, and other small household refuse as may be accumulated by the normal residential uses of property as a dwelling unit(s). The term shall not include such items as ashes from burning combustible materials, dirt as a result of lawn care, leaves, and grass trimmings; it shall not include brush or bulk waste, scrap metal, household hazardous waste, leaf waste, surgical waste, construction or demolition debris, recyclable materials, and e-waste, as defined herein. It shall not include rubber tires, automotive parts, explosive materials and other items and materials not common to and generally associated with household waste and refuse.
- SCRAP METAL
- Waste metal suitable for reprocessing or recycling. The following materials are not acceptable: sealed units (e.g., propane bottles), medical lab and hospital scrap machinery, gasoline and fuel tanks, drums, barrels, paint cans and tar buckets, pipes or boilers wrapped in insulation, lighting fixtures, batteries, and any scrap metal containing hazardous waste material.
- SOLID WASTE
- Garbage, rubbish, refuse, and municipal waste, as defined herein.
- STEEL AND TIN CANS
- Such as those used for fruit, vegetables, or soup.
- The containment of municipal waste on a temporary basis which does not constitute disposal of the municipal waste.
- SURGICAL WASTE
- Human and animal materials and organs which are to be disposed of as a result of surgery performed by a physician or veterinarian.
- WHITE GOODS
- Includes heavy, consumer, durable goods such as washers, dryers, air conditioners, dehumidifiers or compressors, water tanks, dishwashers, furnaces or electrical heaters, generators, stoves, ovens, refrigerators and/or freezers.