The following words and phrases, when used in this article shall
have the meanings ascribed to them in this section, except in those
instances where the context clearly indicates otherwise. Other words
and phrases not specifically defined herein shall, unless the context
clearly indicates otherwise, have the meanings given to them by Act
97 and Act 101:
ACT 97
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq. (Solid Waste Management Act), as amended, and all rules and
regulations promulgated thereunder.
ACT 101
The Act of July 28, 1988, P.L. 556, No. 101, 35 P.S. § 4000.101
et. seq. (Municipal Waste Planning, Recycling and Waste Reduction
Act), as amended, and all rules and regulations promulgated thereunder.
AUTHORITY
The Clearfield County Municipal Solid Waste Agency, the designated
implementing agency for the Clearfield County Solid Waste Plan.
BOROUGH
The Borough of Clearfield, Pennsylvania.
BULKY WASTE
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps,
which may quire special handling due to their size, shape and weight.
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 for storage or transportation.
COUNTY
The County of Clearfield or the Clearfield County Board of
County Commissioners.
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 or any constituent thereof enters the environment,
is emitted into the air or is discharged into 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.
HAULER OR PRIVATE COLLECTOR
Any person, firm, partnership, association or corporation
engaged in the collection or transportation of municipal waste.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes defined in
Act 97, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to an increase to mortality or an increase in mortality
in either an individual or the total population or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar material not including grass clippings.
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.
OCCUPIED DWELLING
A permanent building or fixed mobile home that is currently
being used on a regular or temporary basis for human habitation.
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 which prescribes a fine 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.
PLAN
The Clearfield County Municipal Solid Waste Management Plan,
as amended.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include but are not limited to transfer facilities, composting
facilities and resource-recovery facilities.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste or
the separation and treatment of municipal waste (other than through
combustion) and creation and recovery of reusable materials other
than a fuel for the generation of energy.
RECYCLING FACILITY
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers usable
materials that can be sold or reused by a manufacturer as a substitute
to virgin raw materials. The term recycling facility shall not mean
transfer stations or landfills for solid waste nor composting facilities
or resource-recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations' and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The residual
waste shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act. The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1987 (P.L. 1987, No. 394), known as the "Clean
Streams Act."
RESOURCE-RECOVERY FACILITY
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off-site, including but not limited to a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct
to waste-collection-route vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.