[Adopted 4-3-1989 by Ord.
No. 985, approved 4-3-1989; amended in its entirety 11-18-2008 by Ord. No. 1243, approved 11-18-2008]
The short title of this article shall be the "Middletown Borough
Recycling Ordinance," and the same may be cited in that manner.
Any capitalized term, if not defined in this article, shall
have the meaning as from time to time set forth in the Borough of
Middletown Rules and Regulations Related to Waste Collection and Recycling
("Rules and Regulations") which are incorporated into this article
by reference. In addition, as used in this article, the following
terms shall have the following meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter
amended.[2]
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description excludes aluminum foil, trays, plates, and miscellaneous
aluminum products.
The governmental jurisdiction and legal entity of the Borough
of Middletown, Dauphin County, Pennsylvania.
Clear glass consists only of clear food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the
hard, brittle and transparent or partially transparent substance produced
by fusion of silica and silicates or sand containing soda and lime
and/or other chemicals and substances usually included in the manufacture
of glass.
Colored glass consists only of green or brown food and beverage
containers made of glass, of one gallon or less capacity, and comprised
of the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
The date upon which the current and subsequent municipal
contract collection services begin.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters.
Municipal solid waste, as herein defined, that is generated
at a commercial establishment.
Designated recyclable materials:
Events that are sponsored by public or private agencies or
individuals, including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures, including bricks,
cement, bituminous material, steel, aluminum, siding, shingles, timber,
paneling, beams, trim, molding, shelves, doors, windows, frames, jams,
railing, risers, boards or lumber.
The person providing municipal contract waste and designated
recyclable materials collection services under the municipal contract.
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be adjacent to the residential unit, and no more than
five feet from the public street used by collection vehicles.
Those source separated recyclable materials designated in § 164-27 of this article.
Any building or portion thereof designated or used as living
quarters for one or more families, and mobile homes, travel trailers
or modular homes as defined in the Zoning Code of the Borough of Middletown.[3]
Any municipal contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or designated
recyclable materials generated or located within the municipality
which was legally entered into prior to the effective date of this
article; and, when entered into, was legally enforceable.
A label which must be affixed to any bag in excess of the
permitted number of bags per week per household, tires, white goods,
oversized refuse items and yard waste in order for such items to be
collected by the contractor. The permitted number of bags per week
per household shall be established by contract between the municipality
and the contractor.
Refuse containers which are in excess of the number of refuse
containers per collection site limit in the municipal contract.
Any specific site designated by Dauphin County (or approved
by Dauphin County) as the specific place or site to which source separated
recyclable materials must or may be delivered; or in the absence of
a specific site being designated by Dauphin County, any approved site
for the delivery of any category of source separated recyclable materials.
A person who produces or creates any solid waste.
Desktop-generated paper limited to white ledger, copy paper,
and computer printout (CPO).
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in the service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Municipal solid waste, as herein defined, that is generated
at an institutional establishment.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Rental housing apartment buildings or apartment complexes
which have three or more dwelling units, and condominium associations
and homeowners' associations of three or more dwelling units which
are established and organized in such a manner that the association
provides common services for the residents of the housing development.
This definition shall also include apartment buildings and apartment
complexes owned and operated by institutional establishments if the
institutional establishment charges a rental fee for the dwelling
units.
The agreement between the municipality and a permitted collector
under which collection services are to be provided to residential
units for designated recyclable materials.
The Borough of Middletown, Dauphin County, Pennsylvania.
The rules and regulations adopted and revised from time to
time by the municipality which govern and pertain to the municipality's
recycling program.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as "newspapers."
All commercial, municipal and institutional establishments
and all community activities, excluding residential units and multifamily
units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A person who is in possession of all pertinent permits and
licenses which may be required by the municipality and Dauphin County
for the collection, storage or disposal of solid waste or recyclable
materials.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable plastics are identified on the bottom of the container
and consist of two types of containers, namely: #1 PETE (such as soda
bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
A form supplied by the Borough to be completed and signed
by the contractor which specifies, inter alia, the source, type, quantity
and delivery point for the solid waste or source separated recyclable
materials and other pertinent information as requested.
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as solid waste or the
mechanized separation and treatment of solid waste and creation and
recovery of reusable materials.
For residential units, the term "recycling container" shall
refer to the container supplied by the municipality. For multifamily
units and nonresidential units, the term "recycling container" shall
refer to a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
A receptacle which is constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors;
or a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents, and has
a holding strength capable of withstanding normal stresses until it
is collected. With respect to residential units, the weight of a refuse
container and its contents shall not exceed 30 pounds nor shall its
capacity exceed 32 gallons.
Any solid waste generated or collected within the municipality
which is 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 meeting the definition of "residual waste" or "hazardous
waste" from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include designated recyclable materials
or unacceptable waste.
Any person(s) owning and/or occupying a dwelling unit in
the Borough of Middletown.
The municipal solid waste, as defined herein, generated at
a dwelling unit, as also herein defined.
See "dwelling unit."
The removal of designated recyclable materials in violation of § 164-31 of this article.
A system where recyclable materials; commonly fibers and
glass, metal and plastic containers, are collected and processed together.
The process of separating, or the separation of, designated
recyclable materials from other solid waste at the location where
generated for the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
Leaves, twigs, branches, brush, bushes, shrubbery, undergrowth,
vines, kindling, driftwood, wood chips or any organic material other
than grass clippings. Processed wood products, including construction
debris, are not included.
All persons within the municipality shall source separate designated
recyclable materials generated by such person or generated within
a residential unit, multifamily unit or nonresidential unit occupied
by such person.
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021]
A.Â
Each person
who owns or occupies a residential unit, multifamily unit or nonresidential
unit within the municipality shall ensure that designated recyclable
material generated at such residential unit, multifamily unit or nonresidential
unit are collected and disposed of in accordance with this article,
the municipality's policies and procedures, and DCMWM Plan requirements.
B.Â
Designated recyclable materials generated at such residential unit,
multifamily unit or nonresidential unit are required to be collected
and disposed of at a frequency of not less than once per month.
Collection services for designated recyclable materials shall
be provided to residential units by the contractor. Each person who
owns or occupies a residential unit shall prepare designated recyclable
materials for collection in accordance with the municipality's policies
and procedures.
A.Â
Each person who owns or occupies a nonresidential unit or multifamily
unit shall provide proper collection and disposal of designated recyclable
materials by utilizing a permitted collector to collect and deliver
such materials to a facility. With respect to designated recyclable
materials, a person who owns or occupies a multifamily unit or nonresidential
unit may request municipality approval to receive the services under
the municipal contract.
B.Â
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the municipal contract shall comply with the municipality's policies and procedures established for residential units and notwithstanding the provisions of § 164-27B and C of this article, shall source separate the recyclable materials designated in § 164-27A.
C.Â
Each person who owns a multifamily unit or nonresidential unit that
does not receive services under the municipal contract shall:
(1)Â
Provide recycling containers at easily accessible locations for source
separation of designated recyclable materials;
(2)Â
Provide written instructions to all persons occupying each multifamily
unit and nonresidential unit to ensure that all designated recyclable
materials are source separated; and
(3)Â
Provide collection and delivery of source separated designated recyclable
materials at a frequency of not less than once per month.
D.Â
Woody waste and leaf waste are designated recyclable materials and
shall be disposed of in accordance with rules and regulations for
the disposal of woody waste and leaf waste as established by the municipality.
Woody waste and leaf waste may not be mixed with other types of commercial
municipal waste or other designated recyclable materials.
[Amended 12-7-2021 by Ord. No. 1383, approved 12-7-2021]
A.Â
With respect to designated recyclable materials, no person other
than the contractor shall collect, transport, store, process or dispose
of such designated recyclable materials. Each permitted collector
that collects or transports designated recyclable materials generated
in any residential unit, nonresidential unit or multifamily unit shall
complete quarterly reports reporting the amount of designated recyclable
material collected in the municipality.
B.Â
No person who generates, owns or possesses designated recyclable
materials shall, by contract for collection services or otherwise
cause, permit or assist in the collection, storage, processing or
disposal of such designated recyclable materials by any person other
than:
C.Â
No permitted collector who collects or disposes of designated recyclable materials by municipal contract for such services or otherwise shall cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste, or which is otherwise inconsistent with source separation or recycling. Any delivery of designated recyclable materials to a Dauphin County-approved facility in accordance with the DCMWM Plan shall be deemed to satisfy the requirements of this Subsection C.
E.Â
All designated recyclable materials generated or collected in the
municipality shall be delivered directly to a facility in accordance
with the requirements of the DCMWM Plan and without any intervening
transfer, unloading, processing, sorting, salvaging, scavenging, or
reuse of any portion of any load of such designated recyclable materials
from the time of its collection until the time of its delivery to
the facility.
From the time of placement for collection of any designated
recyclable materials, all such designated recyclable materials shall
be the property of the generator or the permitted collector who has
contracted to provide on-site collection, as provided in the municipal
contract. It shall be a violation of this article for any person,
other than such permitted collector, to collect or pick up, or cause
to be collected or picked up, any such designated recyclable materials.
A.Â
Nothing in this article shall be construed to impair the obligations
of any existing contract.
B.Â
No renewal or modification of any existing contract, and no new contract
for the storage, on-site collection, processing or disposal of designated
recyclable materials, shall be entered into after the effective date
of this article unless such renewal or modification or new contract
shall conform to the requirements of this article and the municipality's
policies and procedures.
C.Â
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this section shall provide for on-site collection services to be performed after the commencement date for designated recyclable materials generated at residential units. This provision shall not apply to the contract between the municipality and the contractor. With respect to any contract which violates this Subsection C, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable residential units any funds which have been paid for such on-site collection services, and shall not collect or attempt to collect any funds for such on-site collection services.
The municipality shall have the power to issue the municipality's
policies and procedures governing all matters set forth in this article
and any other related matters. The municipality's policies and procedures
shall be effective when issued in writing and signed by the manager
of the municipality. The municipality shall have the power to establish
record and reporting requirements, and standards and procedures for
the issuance, administration and revocation of licenses, as deemed
necessary, including, without limitation, application procedures,
fees, standards and conditions for licenses; the fixing of a monetary
bond, with or without surety, to secure the compliance by any permitted
collector with any such requirements, standards or procedures; and
any other matters deemed necessary or convenient by the municipality.
In the event of suspension or revocation of any license which is issued
by the municipality or Dauphin County, the person whose collection
permit is suspended or revoked shall refund to each customer any prepaid
fees.
It shall be unlawful for any person to violate, or cause or
permit or assist in the violation of, any provision of this article
or any provision of the municipality's policies and procedures. All
unlawful conduct shall also constitute a public nuisance.
Any action by any person, firm, corporation or other entity which violates this article or any regulations thereof shall be punishable by a fine not to exceed $25 upon a first conviction, not to exceed $50 upon a second conviction and not to exceed $100 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for § 164-31 hereof or for the unlawful taking of containers designated for recycling usage or taking the contents of the same, which latter actions shall be punishable by a fine not to exceed $300 per property. No enforcement of this article shall be made until three months from the effective date of this article.
For purposes of the obligations established by this article
or the municipality's policies and procedures, and for purposes of
any fine, penalty, imprisonment or other sanction, the terms "person,"
"residential unit," "multifamily unit," and "nonresidential unit"
shall:
In addition to any other remedy provided in this article, the
municipality may institute proceedings to restrain any violation of,
or to require compliance with, this article and/or the municipality's
policies and procedures.
The penalties and remedies set forth in this article are in
addition to, not in lieu of, any fines, penalties or remedies provided
in the municipality's policies and procedures. The existence or exercise
of any remedy shall not prevent the municipality from exercising any
other remedy provided under this article or the municipality's policies
and procedures, or available at law or equity.
Article IV, former §§ 164-21 through 164-32, are repealed in their entirety. Any other ordinances which pertain to designated recyclable materials are hereby repealed to the extent of any inconsistency with this article.
The provisions of this article are severable, and if any section,
sentence, clause, part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be the intent of the municipality that this
article would have been enacted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
This article shall take effect and be in force immediately upon
its enactment by the Council of the Borough of Middletown as provided
by law.
[Added 1-6-2009 by Ord.
No. 1250, approved 1-6-2009]
A.Â
The Borough of Middletown hereby authorizes the execution of the
"Intermunicipal Agreement Regarding Use of Woody Waste Facility between
the Borough, the Township of Lower Swatara and the Boroughs of Highspire
and Royalton" in such form as presented to Council and as attached
hereto.
B.Â
The agreement shall become effective upon its authorization by each
of the participating municipalities by passage of an ordinance.
