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Township of Mount Joy, PA
Adams County
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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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
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.[1] "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.[2]
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.
TOWNSHIP
Mount Joy Township.
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.
[1]
Editor's Note: See 52 P.S. § 30.51 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.