Township of Middlesex, PA
Butler County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Middlesex 8-5-1992 by Ord. No. 57. Amendments noted where applicable.]
GENERAL REFERENCES

Open burning — See Ch. 57.

§ 140-1
Title. 

§ 140-2
Definitions. 

§ 140-3
Establishment of program. 

§ 140-4
Separation of recyclables and placement for disposal. 

§ 140-5
Exclusions. 

§ 140-6
Leaf waste. 

§ 140-7
Private collectors and haulers. 

§ 140-8
Recycling containers. 

§ 140-9
Violations and penalties. 

§ 140-10
Alternative collection of recyclable materials. 

§ 140-1 Title.

The short title of this chapter shall be the "Middlesex Township Recycling Ordinance," and the same may be cited in that manner.

§ 140-2 Definitions.

As used in this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

ALUMINUM CANS (clean, nonaerosol and empty)
All aluminum beverage and food containers and some pet food containers.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters and mobile home parks.
COMMUNITY ACTIVITIES
Events that are sponsored in whole or in part by a mandated municipality, or conducted within a mandated municipality and sponsored privately, which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
COMPOSTING
A controlled microbial degradation of organic waste to produce a relatively nuisance-free product of potential value as a soil conditioner.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
FERROUS CONTAINERS
Empty steel or tin food or beverage containers. Expressly excluded are foil trays, and other types of aluminum are not acceptable for curbside collection (i.e., auto batteries, appliances, assorted metals and wide range of other materials). Paper on allowable ferrous containers need not be removed.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Labels on allowable glass recyclables need not be removed. Expressly excluded are noncontainer glass, plate glass, blue glass, porcelain and ceramic products, broken glass, drinking glass, light bulbs, ceramic mugs and window glass. These items may be safely discarded with regular trash.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper; and computer paper.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in processing or manufacturing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in services including, but not limited to, hospitals nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar materials, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MULTIFAMILY RESIDENCE
Any occupied residential structure having two or more dwelling units per structure, including without limitation apartments, townhouses, condominiums, and cooperatives.
MUNICIPAL ESTABLISHMENT
Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency or federal government or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other materials, 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 in the Solid Waste Management Act
Editor's Note: See 35 P.S. § 6018.101 et seq.
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 commingled recyclable materials.
NEWSPAPERS
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, however, are newspapers which have been soiled.
PERSON
Any individual, partnership, corporation, association, institution, enterprise, municipality, municipal authority or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of this chapter prescribing a fine, imprisonment or penalty, or any combination of the forgoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers coded as No. 1 PET and No. 2 HDPE are acceptable. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled. Labels on allowable recyclable plastic containers need not be removed.
PRIVATE COLLECTOR/HAULER
A person providing collection, hauling and disposal services for municipal waste and/or commingled recyclable materials on a private contract basis under contract with, or licensed by, Middlesex Township.
RECYCLABLE MATERIALS
Those materials specified by the municipality to be recycled. This list of materials, as specified in the recycling regulations resulting from this chapter, are designated in § 140-4 hereof and may be revised from time to time as deemed necessary by the municipality subject to marketability. Notice to Middlesex Township residents of said chapter amendments regarding recyclable amendments shall be the responsibility of the licensed private contractor/hauler, to be clearly shown on the next billing cycle statement.
RECYCLING
The commingling, 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 operation of energy. It shall be prohibited to separate recyclables in any manner whatsoever. All allowable recyclable materials shall be commingled in authorized recycling container(s). Separation of allowable recyclable materials shall result in private collector/hauler refusing to pick up recyclables.
RESIDENCE
Any occupied single-family or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste. This shall include mobile homes located in parks, if applicable.

§ 140-3 Establishment of program.

There is hereby established a program requiring the separation from municipal waste of recyclable materials and leaf waste generated at residences, multifamily residences, commercial, municipal and institutional establishments and community activities.

§ 140-4 Separation of recyclables and placement for disposal.

It shall be the duty of every owner of property and every person occupying a dwelling unit, premises or place of business within the Township where municipal waste is generated and accumulated, by his/her own expense and cost, except as otherwise specified in this chapter, to provide and keep at all times a sufficient number of containers as established by regulation to hold all municipal waste accumulated between intervals of collection of such waste by an authorized collector; and to insure the sanitary and legal disposal of such waste in accordance with this chapter and all other Township, state and federal applicable laws and regulations.

A. 

Residences. Designated recyclable materials generated at residences shall be placed at the curb separated from municipal waste and commingled in appropriate container for collection at such times and dates and from such containers as may be established by regulation. Recyclable materials shall be collected at least once per month. Designated recyclable materials for residences are:

(1) 

Aluminum, bimetal and ferrous containers which have been rinsed of all prior contents and may be crushed to save space. Labels need not be removed from aluminum, bimetal and ferrous containers.

(2) 

Unbroken clear, green and brown glass food and beverage containers which must be rinsed of all prior contents and the lids and rings discarded with regular trash. Labels need not be removed from containers.

(3) 

Empty plastic containers and beverage containers coded as No. 1 PET and No. 2 HDPE which have been rinsed of all prior contents. Labels need not be removed from containers.

B. 

Multifamily residences. Designated recyclable materials generated at multifamily residences shall be placed in appropriate container separated from municipal waste. Collection receptacles of sufficient size for recyclable materials shall be placed in easily accessible locations, such as storage areas or areas where municipal waste is presently collected. It shall be prohibited to separate recyclables in any manner whatsoever. All allowable recyclable materials shall be commingled in appropriate recycling container(s). Separation of allowable recyclable materials shall result in private collector/hauler refusing to pick up recyclables. Recyclable materials shall be stored in accordance with State Fire Code regulations and all federal, state and local health and safety laws and ordinances until collection. Recyclable materials shall be collected at least once per month. Designated recyclable materials for multifamily residences are:

(1) 

Aluminum, bimetal and ferrous containers which have been rinsed of all prior contents and may be crushed to save space. Labels need not be removed.

(2) 

Unbroken clear, green and brown glass food and beverage containers which must be rinsed of all prior contents and the lids and rings discarded with regular trash. Labels need not be removed.

(3) 

Empty plastic containers and beverage containers coded as No. 1 PET and No. 2 HDPE which have been rinsed of all prior contents. Labels need not be removed from containers.

C. 

Commercial, municipal and institutional establishments and community activities. The owners/operators of commercial, municipal or institutional establishments, or sponsors/organizers of community activities, shall separate and commingle designated recyclable materials from municipal waste. Commingled recyclable materials shall be placed in appropriate containers. Collection receptacles shall be placed in all buildings, in all floors and wings thereof, in each office and in all areas where food is served or consumed, including without limitation cafeterias, lunch rooms, fast-food areas and vending machine rooms. Recyclable materials shall be stored in accordance with State Fire Code regulations and all federal, state and local health and safety laws and ordinances until collection. Recyclable materials shall be collected at least once a month.

(1) 

Designated recyclable materials for commercial, municipal or institutional establishments and community activities are:

(a) 

Aluminum, bimetal and ferrous containers which have been rinsed of all prior contents and may be crushed to save space. Labels need not be removed.

(b) 

Unsoiled high-grade office paper and unsoiled corrugated paper.

(2) 

Exemption. Owners/operators of commercial, municipal or institutional establishments may obtain an exemption from the requirements of this chapter if those persons or establishments otherwise provide for recycling high-grade office paper, aluminum, corrugated paper, leaf waste and any other materials that such establishments are required to recycle. To qualify for an exemption under this subsection, commercial, institutional and municipal establishments must provide written documentation to the Township on or before January 30 for the previous calendar year. This documentation shall be in the form of one of the following:

(a) 

Copies of weight receipt, statements, or a report from the provider of recycling collection services, which consolidate such information and identifies the amount of each material collected and marketed.

(b) 

A report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based upon a representative sample of its source-separated materials. Where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

(c) 

A report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based upon a representative sample of its waste. Where materials from several establishments are collected in the same vehicle, and individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited to an establishment.

§ 140-5 Exclusions.

A. 

Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular or unscheduled basis to a state-permitted disposal facility or to the disposal facility as designated by the Township in accordance with the regulations of the disposal facility. To qualify for an exemption under this subsection, persons must provide written documentation to the Township on or before January 30 for the previous calendar year. This documentation shall be as follows: Copies of weight receipt or statements, or a report from the provider of recycling collection services, which consolidate such information and identifies the name and address of individual, commercial, municipal or institutional establishment, and amount of each material collected and marketed. The type and weight of recyclables generated by an individual may be approximated based upon a representative sample of its source-separated materials.

B. 

Nothing contained herein shall prohibit a farmer from carrying out normal farming operations, including composting or spreading of manure or other farm-produced agricultural waste, not otherwise prohibited or regulated for land application.

C. 

The provisions of this chapter do not apply to anything but the storage, collection, transportation and disposal of municipal waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act

Editor's Note: See 35 P.S. § 6018.101 et seq.
and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.

§ 140-6 Leaf waste.

Persons shall separate leaf waste from other municipal waste generated within the municipality. No leaf waste shall be placed for collection unless the leaf waste is to be composted.

§ 140-7 Private collectors and haulers.

A. 

All municipal waste and commingled recyclable materials and leaf waste accumulated at residences, multifamily residences, commercial, institutional and municipal establishments, and at community activities shall be collected, conveyed and disposed of only by private collectors/haulers under contract with, or licensed by, the municipality. When approval by the municipality, commercial, institutional or municipal establishments may collect, convey and dispose of municipal waste and/or commingled recyclable material generated by said establishment.

B. 

All licensed private collectors/haulers shall be required to file with the municipality quarterly reports. Additionally, an annual report must be filed and shall be due January 30 for the previous calendar year. Required reports shall identify all solid waste and commingled recyclable material collection and separation activities performed by the licensee within the municipality during the previous calendar year at each commercial, institutional or municipal establishment and community activity which shall include the following information:

(1) 

Type and amount of compostable materials collected within the reporting period.

(2) 

Type and amount of recyclable material collected within the reporting period.

(3) 

Type and amount of all solid waste, compostable and recyclable materials collected within the reporting period.

(4) 

Name, address and telephone number of private collector.

(5) 

Current and updated name and address listing of all Middlesex Township customers.

C. 

All licensed private collectors/haulers shall secure a permit from Middlesex Township annually. Fee for the annual permit shall be as set from time to time by resolution of the Board of Supervisors and shall expire on January 30 of each calendar year. Permits shall not be issued by Middlesex Township unless all items in Subsection B have been provided to the Township.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 

Materials specified by the municipality to be recycled, as designated in § 140-4 hereof, may be revised from time to time as deemed necessary by the municipality subject to marketability. Upon notice of recycled material amendments from Middlesex Township, it shall be the responsibility of the licensed private contractor/hauler to notify Middlesex Township residents of said amendments through the licensed contractor's/hauler's next billing cycle statements.

§ 140-8 Recycling containers.

A. 

Recycling containers shall be purchased by Middlesex Township from Butler County who, in turn, has awarded a bid to the lowest responsible supplier.

B. 

Middlesex Township shall distribute and supply one recycling container per household participating in mandated curbside recycling.

C. 

The recycling container supplied by Middlesex Township must remain with the household in the event the original property owner receiving the recycling container vacates.

D. 

Additional recycling containers may be purchased from Middlesex Township upon availability and at current municipal cost.

E. 

New dwellings constructed subsequent to Middlesex Township's compliance to municipal waste management and succeeding distribution of recycling containers shall be required to purchase same from Middlesex Township upon availability and at current municipal cost.

§ 140-9 Violations and penalties.

A. 

Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter, or of any regulation promulgated pursuant hereto, pertaining to the separation, storage, collection, transportation or disposal of recyclable materials or municipal waste shall, upon conviction in a summary proceeding brought before a District Justice 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 chapter that is violated shall also constitute a separate offense. No prosecutions hereunder shall be instituted for offenses less than 90 days from the effective date of this chapter.

B. 

Notwithstanding the foregoing, any person who violates this chapter by collecting or picking up, or causing to be collected or picked up, without the appropriate municipal permit/license, recyclable material, shall, upon conviction in a summary proceeding brought before a District Justice 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 chapter that is violated shall also constitute a separate offense.

C. 

In addition to the foregoing penalty, the Township may require the owner or occupant of a property to remove any accumulation of solid waste deemed a health and/or safety hazard and, should said person fail to remove such solid waste after five days following official written notice, the Township may cause the solid waste to be collected and disposed of with the cost for such action to be charged to the owner or occupant of the property in a manner provided by law. Owners, landlords and agents for owners or landlords who comply with this chapter shall not be liable for the noncompliance of tenants and/or occupants of their property.

D. 

Collection by unauthorized persons. It shall be a violation of this chapter to collect recyclable materials unless such collection firm, person or corporation is licensed by the County of Butler or is authorized by the Township as provided for in this chapter. Unauthorized collection of recyclable materials from one or more residential, commercial, institutional or municipal establishments on one calendar day shall constitute a separate and distinct offense punishable as provided in the Subsections A and B.

E. 

Failure to separate recyclables. It shall be a violation of this chapter for any person to mix recyclable material with other wastes for collection and disposal purposes.

§ 140-10 Alternative collection of recyclable materials.

Any person may donate or sell recyclable materials to individuals or organizations that are licensed or authorized by the municipality in its recycling regulations. These materials must either be delivered to the individual's or organization's site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the municipality. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day.