The title of this article shall be the "Middletown Township Recycling Ordinance," and the same may be cited in that manner.
A. 
Separation of materials. All persons residing in a residential property shall separate recyclable materials from solid waste. "Recyclable materials" shall mean those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include, but shall not be limited to, glass containers, aluminum, steel, bimetallic cans, high-grade office paper, newsprint, corrugated paper, and plastics.
B. 
Placement of containers at curbside for residences. All containers used for recycling must be clearly identified as a recycling container. Recyclable materials shall be placed at the curb or street line, separate from solid waste by at least three feet, for collection at such times, dates, and places as may be hereinafter established by regulation. Recyclable materials must be placed in waterproof containers. Recyclable materials shall not exceed 50 pounds in weight nor be placed in public streets.
C. 
Times for placing at or removing from curbside. Recycling containers shall be stored on the residential property owner's property and shall not be placed at the curb for collection before 6:00 p.m. on the evening preceding a scheduled collection day. Empty containers shall be removed from the curb by 10:00 a.m. the day following collection.
A. 
All commercial, institutional, and municipal properties and community activities shall separate recyclable materials from solid waste.
B. 
All commercial, institutional, and municipal properties and community activities shall recycle glass containers, aluminum, steel, bimetallic cans, high-grade office paper, newsprint, corrugated paper, and plastics.
C. 
All persons owning and/or operating commercial, institutional, or municipal properties and all organizers of community activities shall be responsible for providing a system to separate recyclable materials from the solid waste generated at their properties or community activities.
D. 
The method of collection of the recyclable materials shall be the responsibility of the person who generates the materials.
E. 
Frequency of collection. The recyclable materials for all commercial, institutional, or municipal properties shall be collected as often as required by generated volumes and environmental conditions, but not less than once a month.
F. 
Reporting. All commercial, institutional, or municipal properties are required to submit a recycling report within 30 days upon the initiation of the recycling program, and at such time as the municipality may deem appropriate, to the Township Manager on forms provided by the Township.
A. 
All persons shall separate yard waste from solid waste for composting, disposal, or processing at a composting plant.
B. 
Yard waste is to be placed in either thirty-gallon, biodegradable, paper bags or in a regular container with handles and a tight-fitting lid of not less than 20 gallons nor more than 35 gallons in capacity and must not weigh more than 50 pounds when filled.
C. 
Cardboard boxes, plastic bags, or biodegradable plastic bags cannot be used, as these will not be accepted at the composting plant.
D. 
Tree branches and limbs no thicker than six inches in diameter are to be bundled into four-foot lengths and placed next to the yard waste at the curb.
A. 
No person may dispose of an electronic covered device, or any of its components, with their solid waste. Pursuant to the Covered Device Recycling Act, 35 P.S. § 6031.101 et seq., these devices and their components must be properly recycled and may not be taken to, nor accepted by, landfills or other solid waste disposal facilities.
B. 
All persons must take their covered electronic devices to a County-approved or state-permitted electronics collection location for proper recycling.
Businesses must recycle their covered electronic devices pursuant to the Covered Device Recycling Act, 35 P.S. § 6031.101 et seq. For businesses, the recycling facility to which covered electronic devices are transferred does not need to be certified. If the facility is located in the commonwealth, it must have a general permit WMGR081 from the PA DEP.
A. 
Whether located in or outside of the commonwealth, facilities that process or recycle covered electronic devices that are collected from consumers through any electronics collection program in the commonwealth, whether municipal, manufacturer, retailer, etc., must have achieved and maintained one of the following certifications:
(1) 
R2 (responsible recycling practices standard) certification.
(2) 
Stewards certification.
(3) 
An internationally accredited third-party environmental management standard for the safe and responsible handling of covered electronic devices.
B. 
The commonwealth's residual waste regulations require electronics processing/recycling facilities located in the commonwealth to obtain a PA DEP general permit WMGR081 (regarding the processing and beneficial use of electronic equipment and components by sorting, disassembling, or mechanical processing) prior to processing any electronic devices or electronic waste.
No person shall collect, remove, haul, or convey any recyclable materials through or upon any of the streets or alleys of the municipality or dispose of the same in any manner or place. Private collectors must abide by the regulations set forth by the PA DEP.
All persons who collect, remove, haul or convey any recyclable materials within the municipality shall submit a report to the Township Manager on or before February 15 of each year. This report shall include the type and quantity of recyclable materials collected during the preceding calendar year on forms provided by the municipality. All private collectors are required to submit all receipts and records of the type and quantity of recyclable materials collected within the municipality along with the report.
It shall be a violation of this article for any persons unauthorized by the municipality to collect or pick up or cause to be collected or picked up any such recyclable materials at any property within the municipality; except that recyclable materials may be collected, conveyed, and disposed of by property owners from their own property for the intended purpose of depositing such recyclable materials at recycling centers, provided they comply with the provisions of this article. Each such unauthorized collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
The Middletown Township Board of Supervisors may enter into agreements with public or private agencies or firms for the collection and sale of all or part of the recyclable materials from residential properties.
Any person may donate or sell recyclable materials to individuals or organizations. These materials must be delivered to the site of such individual or organization.
The Township Manager, the Township Manager's designee, and sworn Middletown Township police officers are hereby authorized and directed to enforce this article. The Middletown Township Board of Supervisors shall, by resolution, establish and promulgate regulations for the collection of recyclable materials. These regulations may be changed from time to time by the Middletown Township Board of Supervisors by resolution.
Any person who shall violate any provision of this article or any regulations thereof, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.