For the purposes of this article, the following terms shall be defined
as follows:
ACT
The Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. § 4000.101 et seq., as the same may in the
future be amended.
[Amended 1-23-2013 by Ord. No. 2009-199-1]
ASHES
Includes coal ashes, coke ashes, wood ashes and ashes resulting
from other fuels used for cooking and heating purposes, and shall
be deemed included within the term "municipal waste."
CLEAR AND COLORED GLASS
Includes glass beverage bottles, food jars and containers;
shall not include mirrors, ceramic materials, crystal, light bulbs,
glass ovenware, drinking glasses, clay pots or window glass.
COMMERCIAL ESTABLISHMENT
The place at which any business within the boundaries of
Harborcreek Township is conducted by any person which, in the operation
of such business, has or accumulates municipal waste, recyclable materials
and/or leaf waste in or about its place(s) of business or elsewhere.
For purposes of this article, a commercial establishment shall include
any business, institutional, industrial or other use, excepting only
a residential use.
COMMERCIAL PICKUP
Includes all properties aside from residential properties
having four or fewer residential or family units within a single structure.
That a residential use may be deemed a commercial pickup does not
alter its use.
CONSTRUCTION MATERIALS
Includes wood, piping, metal, plastics, concrete, cement
and other man-made products used in construction which is generated
in any business or in the course of construction or renovation of
dwellings or other buildings. The exclusion of "construction materials"
from materials to be collected by the residential contractor shall
not extend to such materials in small quantity generated in the ordinary
course by occupants of residential dwellings.
COVERED DEVICE RECYCLING ACT (CDRA)
Act 108 of 2010, passed by the legislature in November 2010, and providing,
in part, that as of January 24, 2013, landfills and other solid waste
disposal facilities in Pennsylvania will no longer be allowed to accept
covered devices, as defined in the Act, or their components, which
will be required to be recycled from that point forward.
[Added 1-23-2013 by Ord.
No. 2009-199-1]
DISPOSAL
Shall be deemed to include the deposition, injection, dumping,
spilling, leaking or placing of solid or municipal waste into or on
the land or water in a manner that the constituent of the waste enters
the environment, is emitted into the air or is discharged into the
ground or to the waters of the commonwealth.
DISPOSITION
Shall be deemed a generic reference to the proper disposal
of municipal waste, recycling and marketing of recyclable materials
and/or composting of leaf waste in the manner prescribed in this article.
E-WASTE
Materials, goods, computer components and peripherals not
permitted to be disposed of at the traditional landfill by virtue
of the Covered Device Recycling Act, Act 108 of 2010, and including items identified in that statute.
[Added 1-23-2013 by Ord.
No. 2009-199-1]
FAMILY
Shall be and include any person or group of persons maintaining
a separate dwelling, apartment or other habitation unit within the
limits of the Township of Harborcreek.
GARBAGE
Shall be deemed to consist of and include all vegetable and
animal waste, including offal, carcasses, fat, bone, swill and animal
and vegetable matter or other organic substance subject to fermentation
or decay resulting from the storage, handling, consumption and/or
preparation of food. The term shall not be deemed to include dishwater
or other soapy water. Garbage shall be deemed included within the
term "municipal waste."
HAULER or HAULING FIRM
Includes, without limitation, any person, firm, entity or
contractor engaged in the collection, transportation and/or disposition
of municipal waste, recyclable materials and/or leaf waste in Harborcreek
Township.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Materials banned from being disposed of in landfills and
other solid waste disposal facilities in Pennsylvania by various state
and federal environmental protection statutes and including those
materials identified below:
[Added 1-23-2013 by Ord.
No. 2009-199-1]
Acceptable HHW Wastes
|
Unacceptable Wastes
|
---|
Pesticides
|
Biological waste
|
Herbicides
|
Radioactive materials including detectors
|
Rust removers
|
Ammunition and explosives
|
Swimming pool chemicals
|
Commercial chemicals
|
Wood preservatives
|
Containers over 5 gallons
|
Used oil filters
|
Materials improperly packaged
|
Household fluorescent bulbs/tubes
|
Gas cylinders
|
Chlorine bleach
|
Fire extinguishers
|
Drain openers
|
Tires
|
Corrosive chemicals (noncommercial)
|
Appliances
|
Lye
|
Liquid mercury
|
Driveway sealer (less than 5 gallons)
|
All medications (prescription and non)
|
Hobby chemicals
|
|
Lubricants (motor oil, transmission fluid)
|
|
Paint products (oil, latex, stripper)
|
|
Paint thinners
|
|
Automotive cleansers (waxes, polishes)
|
|
Gasoline (less than 5 gallons)
|
|
Automotive chemicals (antifreeze, brake fluid; less than 5 gallons)
|
|
Consumer electronics and devices identified in the Covered Device
Recycling Act of 2010 (computers, components, peripherals)
|
|
HOUSEHOLD RUBBISH
Consists of and includes old furniture, such paper as is
not included in recyclable materials, trunks, stoves, furnace pipe,
water boilers, light bulbs, crockery, nonrecyclable cans, bottles
and containers, hedge and tree trimmings, garden residues, shrubbery
and similar material, grass clippings, pipe and all other rubbish
which may accumulate in the ordinary course of use of a residential
dwelling, but excluding dirt, trees, tree limbs over four feet in
length and construction materials, as defined above. The term shall
not include designated recyclable materials and is included within
the term "municipal waste."
LEAF WASTE
Includes only leaves, garden residue, shrubbery and tree
trimmings and similar material, but not including grass clippings.
LICENSED TRANSPORTER
Includes any person, firm entity or contractor engaged in
the collection, transportation and/or disposition of municipal waste
and/or residual waste and subject to licensure and regulation by the
Department of Environmental Protection under the Waste Transportation
Safety Act.
MIXED CARDBOARD
Includes noncorrugated packaging such as cereal boxes, gift
boxes, shoeboxes, tablet backers and the like. Shall not include milk
cartons, waxed paper or any material contaminated by food or other
municipal waste.
MIXED PAPER
Includes white paper, envelopes and like paper material,
including junk mail, office mix and brown bags. Shall not include
waxed paper or any material contaminated by food or other municipal
waste.
MUNICIPAL RECYCLING PROGRAM
Shall be deemed to mean a source-separation and collection
program for recycling recyclable materials or a program for designated
dropoff points or collection centers for recycling municipal waste
or source-separated recyclable materials that is operated by or on
behalf of a municipality. The term shall include any source-separation
and collection program for composting leaf and yard waste. The term
shall not include any program for recycling construction or demolition
waste and/or sludge from sewage treatment plants or water supply treatment
plants. Under this article, the franchised residential hauling contractor
would be designated to operate a recycling program in lieu of Harborcreek
Township operating such program.
MUNICIPAL WASTE
Includes and means any garbage, refuse, industrial lunchroom
or nonrecyclable office waste or other material, including solid,
liquid, semisolid or contained gaseous material resulting from operation
or use of any residential dwelling or unit and/or any commercial establishment
and/or other use or activity and any sludge not meeting the definition
of residual or hazardous waste in the Act (35 P.S. § 6018.101
et seq.) from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. Does not include recyclable materials and leaf waste.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Includes any individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal government or agency, state government, agency or institution
(including, but not limited to, the Department of General Services
and State Public School Building Authority), or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties. In any provisions of this article prescribing a duty, prohibition,
fine or penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or other
entity having officers, managers, partners and/or directors.
RECYCLABLE MATERIALS
Includes clear glass and colored glass; aluminum, steel and
bimetallic cans; recyclable plastics; newspapers tied, bundled or
separated in paper or other bags authorized by the hauler; magazines
tied, bundled or separated in paper or other bags authorized by the
hauler; corrugated cardboard tied or bundled; mixed paper and mixed
cardboard.
RECYCLABLE PLASTICS
Includes plastic beverage bottles, ketchup bottles, milk
and juice jugs, laundry and dish soap containers and the like. The
term shall not include plastic dishware, drinking glasses or toys.
RECYCLING
Includes the separation from municipal waste at the site
of generation, collection, recovery and sale or reuse of metals, glass,
newspapers, magazines, corrugated cardboard, mixed paper and mixed
cardboard and other materials which would otherwise be disposed of
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.
RESIDENT
Shall be deemed to include every resident, owner, householder,
tenant, responsible party or person owning or occupying a dwelling,
apartment, condominium, mobile home or place of residence within Harborcreek
Township generating municipal waste, recyclable materials and/or leaf
waste, excluding only those persons residing in dwellings having more
than four residential units within the same structure and so deemed
within the term "commercial pickup."
RESIDENTIAL RECYCLING
Includes source separation, placement for collection, collection,
transportation, recovery and sale or reuse of recyclable materials
generated within all dwellings and residential units or uses in Harborcreek
Township, whether such unit is deemed included within the Township's
contract for residential collection or is deemed a commercial pickup.
RESPONSIBLE PARTY
Shall generally mean and include all persons responsible
for compliance with the provisions of this article, including but
not limited to provisions regulating collection, transportation and
disposition of municipal waste, recyclable materials and leaf waste.
The term shall include residents, owners and/or landlords of multifamily
rental or condominium residential properties and their agents; mobile
home owners, tenants and/or occupants; condominium unit owners, tenants
and/or occupants of multiple-unit residential dwellings; and owners,
landlords, managers, occupants and/or tenants and their respective
agents of commercial, institutional, industrial and public properties.
RUBBISH
Shall consist of mixed and waste fragments resulting from
the use of household necessities, including but not limited to nonrecyclable
glass, metal, tin and wood, china, leather, rubber, carpeting, prunings
from vines and other foreign matter, but excepting ashes and garbage.
Shall be deemed included within the term "municipal waste" and shall
not include leaf waste and/or materials designated as recyclable under
this article.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials which are separated from municipal waste at the
point of origin for the purpose of recycling. Shall generally be deemed
to include recyclable materials and leaf waste.
STORAGE
The containment of any municipal 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 municipal waste in excess
of one year constitutes disposal; said presumption may be overcome
only by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste, recyclable materials
and/or leaf waste at any time after generation.