The following words and phrases when used in this chapter shall have,
unless the context clearly indicates otherwise, the meanings given to them
as follows:
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials in liquid or solid
form, generated in the production and marketing of poultry, livestock, fur-bearing
animals and their products, provided that such agricultural waste is not hazardous.
The term includes the residual material generated in producing, harvesting
and marketing of all agronomic, horticultural and silvacultural crops or commodities
grown on water and usually recognized and accepted as farms, forest and other
agricultural land.
DEPARTMENT
The Department of Environmental Protection, Commonwealth of Pennsylvania,
and its authorized representatives.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking
or placing of solid waste into or on the land in a manner that the solid waste
or a constituent of the solid waste enters the environment, is emitted into
the air or is discharged in the waters of the commonwealth.
FOOD PROCESSING WASTE
Residual materials in liquid or solid form generated in the slaughtering
of poultry and livestock and the process of converting fish, seafood, meat,
milk and eggs to food products. It also means residual materials generated
in the processing, converting or manufacture of fruits, vegetables, crops
or other commodities into marketable food items.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liquid, semisolid
or contained gaseous material resulting from municipal, commercial, industrial,
institutional, mining or agricultural operations, and from community activities,
or any combination of the above, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in irrigation return flows,
or industrial discharges which are point sources subject to permits under
the provisions of the Federal Water Pollution Control Act, as amended, or
sewers, special nuclear or by-product material as defined by the United States
Atomic Energy Act of 1954 which, because of its quantity, concentration or
physical chemical or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in morbidity in either
an individual or the total population or pose a substantial present or potential
hazard to human health or environment when improperly treated, stored, transported,
disposed of or otherwise managed. The term "hazardous waste" shall not include
coal refuse as defined in the Act of September 24, 1968, known as the Coal
Refuse Disposal Control Act. "Hazardous waste" shall not include treatment sludges from coal
mine drainage treatment plants, disposal which is being carried on pursuant
to and in compliance with a valid permit issued pursuant to the Act of June
22, 1937, known as the Clean Streams Law.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste or other
material, including solid, liquid, semisolid or contained gaseous material
resulting from operation of residential, municipal, commercial or institutional
establishments, from community activities and any sludge not within the definition
of residual or hazardous waste hereunder from a municipal, commercial, institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility.
NORMAL FARMING OPERATION
Customarily and generally accepted activities, practices and procedures
that farms adopt, use or engage in year after year, the production and preparation
for market of poultry, livestock or other products, and production or harvesting
and preparation for market of agricultural, agronomic, horticultural, silvacultural
or aquacultural crops and commodities, provided that such operations are conducted
in compliance with applicable laws, and provided that the use or disposal
of these materials do not pollute the air, water or other natural resources
of the commonwealth; including the storage and utilization of agricultural
and food process wastes, of animal feed; including the agricultural utilization
of septic tank cleanings and sewage sludge which is generated off site; including
the management, collection, storage, transportation, use or disposal of manure
and other agricultural wastes, food processing wastes on land or such materials
to improve the condition of the soil, growth of crops, and the restoration
of the land for the same purpose.
OPERATOR
A person engaged in solid waste processing or disposal. Where more
than one (1) person is so engaged in a single operation, all persons shall
be deemed jointly and severally responsible for compliance with the provisions
of this chapter.
PERSON
Any individual, partnership, corporation, association, institution,
corporate enterprise, municipal authority, federal government or agency, state
institution, agency or other legal entity whatsoever which is recognized by
law as a subject of rights and duties. In any provisions of this chapter prescribing
a fine, imprisonment or penalty, or any combination of the foregoing, the
term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
POLLUTION
Contamination of any air, water, land or other natural resource of
the township, such as will create or is likely to create a public nuisance
or to render such air, water, land or other natural resources harmful, detrimental
or injurious to public health, safety or welfare, or to domestic, municipal,
commercial, industrial, agricultural, recreational or other legitimate beneficial
uses, or to livestock, wild animals, fish or other life.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk
of municipal or residual waste or any technology used to convert part or all
of such waste materials for off-site reuse. Processing facilities include
but are not limited to transfer facilities, composting facilities and resource
recovery facilities.
REFUSE MATERIAL
All materials which are stored, collected, processed or otherwise
disposed of as useless, including but not limited to ashes, garbage, rubbish,
sludge, demolition wastes and all other solid, residual and hazardous wastes.
RESIDUAL WASTE
Any garbage, refuse or other waste, including solid, liquid, semisolid
or contained gaseous operations and any sludge from any industrial, mining
or agricultural water supply treatment facility, wastewater treatment facility
or air pollution control facility, provided that it is not hazardous. The
term "residual waste" shall not include coal refuse as it is defined in the
Act of September 24, 1968, P.L. 1040, No. 318, known as the Coal Refuse Disposal
Control Act. Residual waste shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried on pursuant
to and in compliance with a valid permits issued pursuant to the Act of June
22, 1937, P.L. 1987 No. 394, known as the Clean Streams Law.
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and utilization
of materials or energy from municipal waste that is generated off-site, including
but not limited to, a facility that mechanically extracts materials from municipal
waste, a combustion facility that converts the organic fraction of municipal
waste to usable energy, and any chemical and biological process that converts
municipal waste into a fuel product. The term also includes any facility for
the combustion of municipal waste that is generated off-site, whether or not
the facility is operated to recover energy. The term does not include any
composting facility; methane gas extraction from a municipal waste landfill;
any separation and collection center, drop-off point or collection center
for recycling or any source separation or collection center for composting
leaf waste; or any facility, including all units in the facility, with a total
processing capacity of less than fifty (50) tons per day.
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous
waste, demolition and construction waste, including solid, liquid, semisolid
or contained gaseous materials. The term does not include coal ash or drill
cuttings.
STORAGE
The containment of any waste on a temporary basis in such a manner
as not to constitute disposal of such waste. It shall be presumed that the
containment of any waste in excess of one (1) year constitutes disposal. This
presumption can be overcome by clear and convincing evidence to the contrary.
TREATMENT
Any method, technique or process, including neutralization designed
to change the physical, chemical or biological character or composition of
any waste, so as to neutralize such waste so as to render such waste nonhazardous,
safer for transport, suitable for recovery, suitable for storage or reduced
in volume. Such term includes any activity or processing designed to change
the physical form or chemical composition of waste so as to render it neutral
or nonhazardous.