[Adopted 8-27-1990 by Ord. No. 473 (Ch.
VI, Art. 4, of the 1976 Ordinance Book)]
The title of this article shall be the "Municipal
Recycling Program."
[Amended 8-23-1993 by Ord. No. 525]
The following words and phrases shall have the
meanings respectively assigned to them by this section:
Empty all-aluminum beverage and food containers.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.[1]
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers and nursing homes.
Leaves, but not grass clippings.
[Added 7-27-2009 by Ord.
No. 706]
All white paper, colored paper, newspaper, card stock, grayboard,
brochures, junk mail, envelopes with and without windows, magazines,
etc., used in commercial, institutional and municipal establishments
and in residences.
[Added 7-27-2009 by Ord.
No. 706]
Any properties having more than four dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Middletown Township.[2]
Owners, lessees and occupants of residences, commercial or
institutional establishments, multifamily housing properties of more
than four dwelling units or operators or sponsors of community activities.
Empty plastic beverage containers manufactured of polyethylene
terephthalate (PET) or high-density polyethylene (HDPE).
Source-separated reusable materials, including materials
listed in Section 1501 of Act 101[3] and materials identified by the municipality to be recycled,
which would otherwise be disposed of or processed as waste.
Any occupied single- or multifamily dwelling having up to
and including four dwelling units per structure.[4]
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials.
Shrubbery, tree trimmings, twigs, sticks, and branches, but
not grass clippings.
[Added 7-27-2009 by Ord.
No. 706]
[1]
Editor's Note: The former definition of “high-grade
office paper,” which immediately followed this definition, was
repealed 7-27-2009 by Ord. No. 706.
[2]
Editor's Note: The former definition of “newspapers,”
which immediately followed this definition, was repealed 7-27-2009
by Ord. No. 706.
[3]
Editor's Note: See 53 P.S. § 4000.100
et seq., particularly § 4000.1501.
[4]
Editor's Note: The former definition of “source-separated
recyclable materials,” which immediately followed this definition,
was repealed 7-27-2009 by Ord. No. 706.
A.
There is hereby established a recycling program for
the mandatory separation of recyclables from garbage and refuse in
Middletown Township. All residences, as well as commercial, institutional,
and municipal facilities located within the Township, are required
to recycle in the manner set forth in the regulations adopted by resolution
of the Council of Middletown Township, as amended from time to time.
The items to be recycled and the specific instructions for recycling
shall be contained within the recycling program regulations. Recycling
program regulations shall ensure that the minimum requirements of
the Municipal Waste Planning, Recycling and Waste Reduction Act (Act
101 of 1988),[1] as may be amended, and the Delaware County Solid Waste
Management Plan, as may be amended, are met.
[Amended 7-27-2009 by Ord. No. 706]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
The Township Council or its authorized agent is empowered
to designate the day or days of the month on which recyclables shall
be collected, removed and disposed of from the Township or any designated
area within the Township.
All recyclables shall be kept separate from
other garbage and refuse and shall be collected by the Township or
by its designated agent. Recyclables shall be sorted and placed for
collection in the manner described in the recycling program regulations.
These materials shall be placed either at the curbside in such a manner
that prevents the blowing or scattering of these materials so as to
cause littering or they shall be placed in specific recycling collection
locations as may be designated in the recycling program regulations
from time to time. Nothing shall prevent the municipality from establishing
different recycling requirements and procedures for different classes
of use within the municipality.
[Amended 7-27-2009 by Ord. No. 706]
Leaf and yard waste shall be separated from
garbage and refuse in accordance with requirements established by
the Municipal Waste Planning, Recycling and Waste Reduction Act (Act
101 of 1988)[1] and the Delaware County Solid Waste Management Plan, as
amended from time to time. All property owners shall make provision
for the on-lot composting or collection of leaf waste. All residents,
if not composting, shall place leaf and and waste curbside for collection
for composting purposes by Middletown Township under recycling program
regulations. Nonresidential facilities, if not composting, shall make
arrangements for the collection and composting of leaf waste.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
From the time of placement of recyclable materials
at the curb or at specified recycling collection points for collection
in accordance with the terms of the Middletown Township recycling
program regulations, these items shall be and become the property
of Middletown Township or its authorized agent. It shall be a violation
of this article for any person unauthorized by the Township to collect
or pick up or cause to be collected or picked up any such items. Any
and each such collection in violation hereof from one or more locations
shall constitute a separate and distinct offense punishable as hereinafter
provided.
It shall be unlawful for a person to collect,
remove or dispose of solid waste which contains recyclable materials
designated by recycling program regulations with other forms of solid
waste or refuse.
[Amended 10-29-1990 by Ord. No. 479; 8-23-1993 by Ord. No.
525; 4-22-1996 by Ord. No. 566; 6-26-2000 by Ord. No. 602]
The owner of each residential property served
by the curbside recycling program shall be billed by the Township
on an annual basis at an amount established by the Township Council.
Said billing shall be sufficient to cover the cost of the residential
collection, administrative and billing costs and any tipping fees,
disposal costs or shipping charges involved in marketing the recyclables
collected.
A.
Annual billing system.
(1)
The annual bill for recycling will be set forth as
a separate item on the Township annual tax bills which are mailed
to each residential property owner, as so listed in the real estate
and interim tax duplicate. The entire tax bill, including but not
limited to the recycling item, must be paid in full. Partial payments
will not be accepted by the Township.
(2)
Each bill will be payable with a 2% discount if paid
in full on or before March 31 of each year and will be payable at
the face amount of the bill if paid between April 1 and May 31 of
each year. Payments received in full, either at the Township Finance
Office or at the bank designated on the bill, on or prior to the end
of the period during which the bills are payable, will be deemed to
be a payment within such period. For the purposes of this section,
the residential property owner shall be deemed to have made payment
within such period if the letter transmitting the payment is postmarked
by the United States Postal Service on or prior to the final day in
which the payment is to be received. Presentation of the receipt indicating
that payment was mailed by registered or certified mail on or before
the due date shall also be evidence of timely payment. Failure to
receive such bills will not be considered an excuse for nonpayment
and will not permit an extension of the period during which the bills
are payable.
(3)
All moneys collected or recovered under the provisions
of this article shall be paid into the Treasury of the Township of
Middletown for the use and benefit of the Township of Middletown.
(4)
The face amount of the annual recycling charge shall
be set by ordinance or resolution of Township Council.
(5)
All recycling bills remaining unpaid after May 31
of each year will be subject to a ten-percent penalty to be added
to the face amount of the bill. Such bills will be deemed to be delinquent
recycling bills and must be paid by the 31st day of December of the
year in which the bill is dated. All delinquent recycling bills and
the penalties thereon which are not paid by December 31 shall continue
to be deemed delinquent and a lien shall be entered in the Office
of Judicial Support against the property served by the recycling program
for which the recycling bill remains unpaid and shall be collected
in the manner provided by law for the filing and collection of municipal
claims or liens. The Township shall assess each property against which
a lien is filed, a Township lien processing fee of $30 or other amount
as may be provided by ordinance or resolution of Township Council.
The amount of the Township lien processing fee, together with the
amount of any county filing and satisfaction fees, an interest charge
of 9% per annum on the overdue amount and any other charges, expenses
and/or fees permitted by law to be included shall be included in the
amount of the lien.
[Amended 8-23-1993 by Ord. No. 525]
Any person, firm or corporation who violates or neglects to comply with any provision hereof or with any regulation promulgated pursuant hereto shall, upon conviction thereof, be punishable by a fine not to exceed $300 or the maximum fine allowed by law, except that the maximum fine for failure to comply with § 192-27 hereof shall not exceed $10 for the first offense or $50 for any succeeding offense.
Any person may donate or sell recyclable materials
to any other person, partnership or corporation, whether operating
for profit or not for profit, for recycling purposes. Said other person,
partnership or corporation may not, however, under any circumstances
pick up recyclable materials placed for collection in accordance with
Township recycling program regulations unless express authorization
is received from the Township to do so.
