The following words and phrases as used in this article shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).
BULKY WASTE
Large items of solid waste including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency
engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for
storage or transportation.
COUNTY
The County of Westmoreland or the Westmoreland County Board
of County Commissioners.
DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases, or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current,
valid county license issued by the Westmoreland County Department
of Planning and Development pursuant to the applicable Westmoreland
County ordinance.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of "residual or hazardous
waste" under Act 97 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Township of Upper Burrell, Westmoreland County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this article 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.
RUBBISH
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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 year shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.