As used in this chapter, the following terms shall
have the meanings indicated:
ACCEPTABLE WASTE
That portion of solid waste which can be processed and has
characteristics such as that collected and disposed of as part of
normal municipal collection of solid waste in the County, such as,
but not limited to: garbage, trash, rubbish, paper and cardboard,
plastics, refuse, beds, mattresses, sofas, white goods, bicycles,
baby carriages, automobile or small vehicle tires, as well as processible
portions of commercial, industrial and institutional solid waste,
and wood and lumber, tree limbs, ties, logs and trees if no more than
six feet long and/or six inches in diameter, branches, leaves, twigs,
grass and plant cuttings; excepting, however, unacceptable waste or
hazardous waste.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq. (Purdon Supp. 1990), as now or hereafter amended.
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, 35 P.S. § 6018.101 et seq. (Purdon Supp. 1990),
as now or hereafter amended.
COUNTY
The County of Delaware, Pennsylvania.
EXISTING FACILITY
Any facility which, on the effective date of this chapter,
is permitted to or otherwise does operate within the County of Delaware.
FACILITY
Land, structures and other appurtenances or improvements
where the processing, treatment, disposal or other handling of solid
waste is permitted or takes place, whether or not such operation processes,
treats, disposes or otherwise handles solid waste generated within
the County of Delaware.
HAZARDOUS WASTE
(1)
Any material, substance or waste, regardless
of quantity, which by reason of its composition or characteristic
is:
(a)
Toxic or hazardous waste as defined in or identified
in either the Solid Waste Disposal Act, 42 U.S.C. § 6901
et seq., as replaced or amended, and the regulations thereunder, or
in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq., as replaced or amended, and the regulations thereunder; or
(b)
Special nuclear or by-products material within
the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2201
et seq., as replaced or amended.
(2)
If any governmental agency or unit having appropriate
jurisdiction shall determine that substances which are not presently
considered harmful, toxic or dangerous are harmful, toxic or dangerous,
then such substances shall be included as hazardous waste upon the
effective date of such determination.
LICENSEE
A person applying for or issued a solid waste hauling license pursuant to the provisions of §
180-3 of this chapter.
MANDATED RECYCLABLES
Materials that are required to be separated from acceptable
waste at the point of generation in accordance with the Plan or as
required by County or municipality ordinance.
MUNICIPALITY
A township, borough or city located within the County of
Delaware, Pennsylvania.
NEW FACILITY
Any facility which, after the effective date of this chapter,
is permitted to or otherwise does operate within the County of Delaware.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
connection with any provision of this chapter prescribing a fine,
penalty, remedy, or suspension or revocation 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, if the officer or director actively participated
in the act or omission resulting in the fine, penalty, remedy, or
suspension or revocation of any license.
RESIDENTIAL WASTE
Acceptable waste generated in the County of Delaware from
single-family dwelling units, individually owned townhouses and condominiums,
or a building or group of buildings under common ownership and comprising
multiple-family dwelling units not exceeding four units per building
or group of buildings, provided that all residents of such single-family
dwelling units, townhouses, condominiums, building or group of buildings
utilize individual refuse containers not requiring the use of container
handling devices on collection vehicles. Acceptable waste generated
from a building or group of buildings under common ownership and comprising
more than four multiple-family dwelling units shall constitute "commercial
waste." "Residential waste" shall also include such items of public
municipal waste as street sweepings and the like.
RESOURCE RECOVERY FACILITY
The Westinghouse Corporation owned and operated solid waste
resource recovery facility and all additions and replacements thereto
and improvements thereof, including all buildings, roadways, equipment
and other improvements located on the premises on which the facility
is located.
SOLID WASTE
All materials, substances or wastes that are generally discarded
or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, including garbage,
refuse, industrial, institutional and commercial waste, rubbish, ashes,
demolition and construction debris and offal; excluding sewage and
other highly diluted water-carried materials or substances, and materials
and substances in gaseous form.
UNACCEPTABLE WASTE
Mandated recyclables and that portion of solid waste, exclusive
of hazardous waste, such as, but not limited to, explosives; infectious,
pathological, chemotherapeutic and biological waste; radioactive materials;
ashes; foundry sand; sludges; cesspool and other human waste; human
and animal remains; offal from slaughterhouses and wholesale food
processing establishments; motor vehicles, including such major motor
vehicle parts as automobile transmissions and blocks, batteries, engines,
rear ends, springs, and fenders, trailers, wire and cable; agricultural
and farm machinery and equipment; marine vessels and major parts thereof,
any other large type of machinery or equipment; substantial quantities
of liquid wastes (excluding moisture in solid waste resulting from
precipitation) or nonburnable construction materials and/or demolition
debris, rock, gravel and other earthen materials.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.