[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.
The short title of this chapter shall be the "Middlesex Township Recycling
Ordinance," and the same may be cited in that manner.
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:
All aluminum beverage and food containers and some pet food containers.
Empty food or beverage containers consisting of ferrous sides and
bottom and an aluminum top.
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.
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.
A controlled microbial degradation of organic waste to produce a
relatively nuisance-free product of potential value as a soil conditioner.
Any structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
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.
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.
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.
Any bond, copier, letterhead or mimeograph paper typically sold as
"white ledger" paper; and computer paper.
Any establishment engaged in processing or manufacturing, 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, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and similar
materials, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all other
paper products of any nature whatsoever.
Any occupied residential structure having two or more dwelling units
per structure, including without limitation apartments, townhouses, condominiums,
and cooperatives.
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.
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[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 commingled 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, however, are newspapers
which have been soiled.
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.
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.
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.
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.
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.
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.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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.
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:
(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.
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[1] and its amendments. All hazardous or residual waste must be disposed
of in compliance with applicable state and federal laws and regulations.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
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.
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.[1]
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.
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.
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.
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.
