The following terms shall have the following meanings
in this chapter:
ACCEPTABLE WASTE
Municipal waste which is collected from the general public or is
otherwise consistent with Section 7701(e)(3)(B) of the Internal Revenue Code
of 1986, as amended, which is not unacceptable waste.
COMPANY
Dravo Energy Resources of Montgomery County, Inc.
CONTRACTOR
Dravo Operations of Montgomery County, Inc.
COUNTY
County of Montgomery, Pennsylvania.
COUNTY ORDINANCE
An ordinance enacted by the county creating the county system, providing
for the licensure of various persons, regulating waste flow and setting forth
certain related provisions.
COUNTY SYSTEM OR SYSTEM
The County Solid Waste Management and Disposal System created by
the county and every aspect thereof, including but not limited to equipment,
transfer and resource recovery facilities, residue disposal sites, landfills,
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 county or any
agent, designee or contractor in connection with the plan.
DATE OF COUNTY SYSTEM OPERATION
That date on which the county system shall be declared by the county
to be ready to commence the disposal of acceptable waste on a sustained basis.
EXISTING CONTRACT
Any agreement or contract fully executed prior to the effective date
of this chapter for the collection, disposal or transportation of municipal
waste generated within this municipality.
FACILITY
The mass burn resource recovery and electric generating facility,
together with appurtenant structures and equipment, to be constructed on a
site in Plymouth Township, Montgomery County, as contemplated by the Facility
Agreement.
FACILITY AGREEMENT
The amended and restated Facility Agreement among the company, contractor
and the Montgomery County Industrial Development Authority, as such may be
further amended from time to time.
MUNICIPAL COMMITMENT
The obligation of each participating municipality to deliver or cause
to be delivered to the county system all of the residential components of
its municipally-generated acceptable waste and such other acceptable waste
as the participating municipality and the county may hereafter agree to include
in such municipal commitment.
MUNICIPALITY
Upper Merion Township, a township of the Second Class located within
the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other
material, including solid, liquid, semisolid or contained gaseous materials,
resulting from operation of residential, municipal, commercial or institutional
establishments and from community activities and any sludge not meeting the
definition of residual waste or hazardous waste in Act 97 and Act 101 from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air-pollution control facility.
MUNICIPAL WASTE AUTHORITY
The Waste System Authority of Montgomery County created by the county
for purposes relating to municipal waste processing and disposal and/or the
IMA and the County Waste Flow Ordinance.
NONPROCESSIBLE WASTE
That portion of acceptable waste which consists of white goods, automobile
tires in quantity or noncombustible items, stumps, logs, brush and other waste
which either weighs in excess of twenty-five (25) pounds or exceeds one (1)
of the following dimensions: four (4) feet in length, four (4) inches in diameter
or four (4) inches in thickness.
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 chapter 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 DER, as such may hereafter be amended or modified in
compliance with law.
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
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 of 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.
RESIDENTIAL COMPONENT
All acceptable waste generated by households within a participating
municipality, exclusive of multiple-family dwellings which are not included
in the calculation of the residential component pursuant to regulations of
the county.
SERVICE AGREEMENT
The amended and restated Municipal Solid Waste Disposal Service Agreement
by and between the county and Dravo Operations of Montgomery County, Inc.,
or any successor thereto, as such may be further amended from time to time.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry into
the 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
Explosives, pathological and biological waste, residual waste and
hazardous waste, radioactive materials, sludges, cesspool or other human waste,
human and animal remains, motor vehicles, liquid waste, contained gaseous
materials which may pose a hazard to the facility or the community, hazardous
substances as defined in the Federal Comprehensive Environmental Response,
Compensation and Liability Act, as it may be amended from time to time hereafter,
and any analogous federal, state or local law, ordinance, rule or regulation
as may be applicable at the time of delivery of waste to the facility and
commercial waste which is not permitted by law to be treated and disposed
of in the facility; any item of waste either smoldering or on fire; construction
and demolition debris, ashes, incinerator residue and foundry sand; wastes
in quantities and concentrations which require special handling in their collection
and/or processing, including medical or other red-bag waste; and all other
items of waste which, at the time of delivery to the facility, would be likely
to pose a threat to health or safety or have been prohibited by any valid
and enforceable judicial decision, order or governmental action from being
accepted by the facility.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.