The following terms shall have the following meanings in this
article:
ACCEPTABLE WASTE
Borough waste which is not unacceptable waste or nonprocessible
waste.
COLLECTOR AND TRANSPORTER
A duly licensed entity authorized by contract with the Borough
of Royersford to collect, transport, and dispose of acceptable waste
at an authorized disposal facility.
HAZARDOUS WASTE
A.
Any material or substance which, by reason of its composition
or characteristics, is:
(1)
Toxic or hazardous waste:
(a)
As defined in the Resource Conservation and Recovery Act of
1976, 42 U.S.C. § 6901 et seq.;
(b)
As defined in Section 6(e) of the Toxic Substances Control Act,
15 U.S.C. § 2605(e);
(d)
Under any other applicable laws of similar purpose or effect, including but not limited to, with respect to each of such items in Subsection
A(1)(a) through
(d), any replacement, amendment, expansion or supplement thereto and any rules, regulations, or policies thereunder; or
(2)
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, amendments, expansion or supplement thereto and
any rules, regulations or policies thereunder; and
B.
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 a collector and transporter of Borough
waste is authorized to dispose of acceptable waste.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of Act 97 and Section 103 of Act 101, and any rules, regulations or policies promulgated thereunder.
MUNICIPALITY
The Borough of Royersford, a Borough located within the County
of Montgomery, Commonwealth of Pennsylvania.
NONPROCESSIBLE WASTE
B.
Automobile tires in quantity;
C.
Noncombustible items, stumps, logs, brush and other waste which
either:
(1)
Weighs in excess of 25 pounds; or
(2)
Exceeds one of the following dimensions: four feet in length,
four inches in diameter or four inches in thickness;
E.
Construction and demolition debris; or
F.
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 provisions of this article 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.
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 material which
would otherwise be disposed or processed as Borough waste or the mechanized
separation and treatment of Borough waste (other than through combustion)
and creation and recovery of reusable materials other than as fuel
for the operation of machinery.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry
for the purpose of recycling of individual components of acceptable
waste, such as (without limitation) bottles, cans, and other materials.
UNACCEPTABLE WASTE
A.
Any material that, by reason of its composition, characteristics
or quantity, is ineligible for disposal at the landfill or other disposal
site pursuant to the provisions of applicable state or federal statutes
or regulations.
B.
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;
C.
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;
E.
Residual waste as defined in Act 101 (except as otherwise provided
in any landfill agreement to which the Waste Authority is a party);
F.
Special nuclear or by-product materials within the meaning of
the Atomic Energy Act of 1954, 45 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;
G.
Asbestos, sludge, infectious waste, chemotherapeutic waste,
and incinerator ash;
H.
White goods in quantity and/or automobile tires in quantity;
and
I.
Any other material that would require special handling or present
an endangerment to a disposal facility, the public health or safety,
or the environment.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
All generators of municipal waste, and all municipal waste collectors
and municipal waste transporters, any landfill operators, any transfer
station operators, or any other parties involved in the collection,
transportation, processing or disposal of Borough waste of the Borough
shall cooperate in the taking and preparation of an annual survey
to be conducted by an engineering consultant designated by the Borough
of Royersford.
Any person who engages in unlawful conduct as defined in this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000 and not less than $500 for each offense and,
in default of payment thereof, shall be subject to imprisonment for
a term not to exceed 30 days. Each day that a violation of this article
continues shall constitute a separate offense.
In order to implement the intent and terms of this article,
the Borough, pursuant to the authority of 53 Pa.C.S.A. § 2301
et seq. and Article IX, Section 5, of the Constitution of the Commonwealth
of Pennsylvania, may enter into an IMA with any other municipality
or Authority as the Borough deems desirable or necessary.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof.