The following terms shall have the following meanings
in this article:
ACCEPTABLE WASTE
Municipal waste which is not unacceptable waste or nonprocessible
waste.
COUNTY
County of Montgomery, Pennsylvania.
COUNTY ORDINANCE or COUNTY WASTE FLOW ORDINANCE
An ordinance enacted by the county creating the Northern
County System in the Northern District, providing for the licensure
of various persons, regulating waste flow and setting forth certain
related provisions.
HAZARDOUS WASTE
(1)
Any material or substance which, by reason of
its composition or characteristics, is:
(a)
Toxic or hazardous waste:
[1]
As defined in the Resource, Conservation and
Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
[2]
As defined in Section 6(e) of the Toxic Substances
Control Act, 15 U.S.C. § 2605(e);
[4]
Under any other applicable laws of similar purpose or effect, including, but not limited to, with respect to each of such items in Subsection
(1)(a)[1] through
[4], any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder; or
(b)
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., and any replacement amendment, expansion or supplement thereto
and any rules, regulations or policies thereunder; and
(2)
Any other material that any governmental agency
or unit having appropriate jurisdiction shall determine from time
to time is harmful, toxic, or dangerous, or otherwise ineligible for
disposal in the landfill.
LANDFILL
A landfill with which the Northern Montgomery County Recycling
Commission has contracted to dispose of acceptable waste.
MUNICIPALITY
The Township of Hatfield, a Township of the First Class,
located within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of Act 97 and Section
103 of Act 101, and any rules, regulations or policies promulgated thereunder.
NONPROCESSIBLE WASTE
(2)
Automobile tires in quantity;
(3)
Noncombustible items, stumps, logs, brush and
other waste which either:
(a)
Weigh in excess of 25 pounds; or
(b)
Exceed one of the following dimensions: four
feet in length, four inches in diameter or four inches in thickness;
(5)
Construction and demolition debris; or
(6)
Leaf waste beyond that permitted by Act 101.
NORTHERN COUNTY SYSTEM or SYSTEM
The solid waste management and disposal system created by
the county for the Northern District and every aspect thereof including,
but not limited to, equipment, transfer stations and resource recovery
facilities, residue disposal sites, contractual arrangements or other
rights, owned, acquired, leased, placed under contract, constructed,
or assumed, operated, or to be owned, acquired, leased, placed under
contract, constructed, operated, or assumed by the Northern Montgomery
County Recycling Commission, the county or any agent, designee or
contractor of either in connection with the plan or the plan revision.
NORTHERN MONTGOMERY COUNTY RECYCLING COMMISSION
The legal entity that has been delegated certain duties and
powers under the Intermunicipal Agreement for the Recycling of Northern
Montgomery County Recycled Waste effective January 1, 1996, respecting
recycling, including, but not limited to, the development and implementation
of common recycling programs.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provisions of this article prescribing
a fine, penalty, imprisonment or denial or grant of any license, 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.
PLAN
The county-wide municipal waste management plan developed
by the county and approved by DEP, as such has been and may hereafter
be amended or revised in compliance with law.
PLAN REVISION
The revision dated June, 1990, to the County Municipal Waste
Management Plan developed by the county, to be submitted to DEP and
approved by a majority of the affected municipalities within the county
representing a majority of the county's population.
RECYCLING or RECYCLED
The collection, 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.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry
into the Northern County System, for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans, and other materials in accordance with Act 101.
UNACCEPTABLE WASTE
(1)
Any material that by reason of its composition,
characteristics or quantity is ineligible for disposal at the landfill
pursuant to the provisions of:
(a)
The Resource Conservation and Recovery Act of
1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder;
or
(b)
Except for trace amounts normally found in household
or commercial solid waste, any other similarly applicable law (including,
but not limited to, the following laws and the regulations, if any,
promulgated under each: the Toxic Substances Control Act, 15 U.S.C.
§ 2601 et seq.; the Federal Insecticide, Fungicide and Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; Act 97; the Hazardous Sites Cleanup Act, Act 108, enacted
October 18, 1988; and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any other laws coextensive
with the foregoing);
(2)
Any other materials that any governmental body
or unit having or claiming appropriate jurisdiction shall determine
from time to time to be harmful, toxic, dangerous, or otherwise ineligible
for disposal at the landfill;
(3)
Any waste that a landfill or other applicable
facility is precluded from accepting pursuant to any permit or governmental
plan governing such landfill or other applicable facility;
(5)
Residual waste as defined in Act 101 (except
as otherwise provided in any landfill agreement to which the Northern
Montgomery County Recycling Commission is a party);
(6)
Special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., and any similar or substituted legislation or regulation
or amendments to the foregoing, including, but not limited to, any
other laws coextensive with the foregoing;
(7)
Asbestos, sludge, infectious waste, chemotherapeutic
waste, and incinerator ash (except as otherwise provided in any landfill
agreement to which the Northern Montgomery County Recycling Commission
is a party);
(8)
White goods in quantity and/or automobile tires
in quantity; and
(9)
Any other material that the Northern Montgomery
County Recycling Commission reasonably concludes would require special
handling or present an endangerment to a disposal facility, the public
health or safety, or the environment.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.