The following terms shall have the following meanings in this part:
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 Western County
System in the Western District, providing for the licensure of various
persons, regulating waste flow and setting forth certain related provisions.
DATE OF WESTERN COUNTY SYSTEM OPERATION
That date on which the Western County System shall be declared
by the County to be ready to commence the disposal of acceptable waste
on a sustained basis.
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); (3) under the Solid Waste Management
Act (Act 97), 35 P.S. § 6018.101 et seq.; or (4) under any
other acceptable laws of similar purpose or effect, including, but
not limited to, with respect to each of such items in (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 Waste Authority has contracted
to dispose of acceptable waste.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of the Solid Waste
Management Act, 53 P.S. § 6018.103 and Section 101 of the
Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101),
53 P.S. § 4000.101, and any rules, regulations or policies
promulgated thereunder.
MUNICIPALITY
The Township of New Hanover, a Township of the second class,
located within the County of Montgomery, Commonwealth of Pennsylvania.
NONPROCESSIBLE WASTE
(1) White goods; (2) automobile tires in quantity; (3) noncombustible
items, stumps, logs, brush and other waste which either: (a) weighs
in excess of 25 pounds; or (b) exceeds one of the following dimensions:
four feet in length, four inches in diameter or four inches in thickness;
(4) sludges; (5) construction and demolition debris; or (6) leaf waste
beyond that permitted by Act 101.
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 provision of this part 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.
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 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 Western 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.;
the Solid Waste Management Act (Act 97), 35 P.S. § 6018.101
et seq.; the Hazardous Sites Cleanup Act, (Act 108), 35 P.S. § 6020.101
et seq., 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;
(4) hazardous waste; (5) residual waste as defined in Act 101 (except
as otherwise provided in any landfill agreement to which the Waste
Authority 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 Waste Authority is
a party); (8) white goods in quantity and/or automobile tires in quantity;
and (a) any other material that the Waste Authority reasonably concludes
would require special handling or present an endangerment to a disposal
facility, the public health or safety, or the environment.
WASTE AUTHORITY
The Waste System Authority of Western Montgomery County created
by the County for purposes relating to municipal waste disposal and/or
the IMA and the County Waste Flow Ordinance.
WESTERN COUNTY SYSTEM OR SYSTEM
The solid waste management and disposal system created by
the County for the Western 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 Waste Authority,
the County or any agent, designee or contractor of either in connection
with the plan or the plan revision.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances.