The following terms shall have the following meanings
in this article:
ACCEPTABLE WASTE
Municipal waste which is not unacceptable waste or nonprocessible
waste.
COUNTY
The 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.
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.; or
[2]
As defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C.
§ 2605(e); or
[4]
Under any other applicable laws of similar purpose or effect, including but not limited to with respect to each of such items in Subsection
(1)(a)[1] through
[4] herein, 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.
MUNICIPALITY
The Township of Skippack, a Township of second class located within
the County of Montgomery, Commonwealth of Pennsylvania.
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.
NONPROCESSIBLE WASTE
(2)
Automobile tires in quantity.
(3)
Noncombustible items, stumps, logs, brush and other waste which either
weighs in excess of 25 pounds or exceeds one of the following dimensions:
four feet in length, four inches in diameter or four inches in thickness.
(5)
Construction and demolition debris.
(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 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.
PLAN
The county-wide municipal waste management plan developed by the
county and approved by the Department of Environmental Protection (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 the
Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901
et seq., and the regulations thereunder or, 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 Federal Water Pollution Control Act, 33
U.S.C. §§ 1251 et seq.; the comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq.;
Act 97; the Hazardous Sites Cleanup Act, Act 108, enacted October 18, 1988;
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.
(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.
(9)
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 Intermunicipal
Agreement (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.