Other than as permitted by § 133-11, it shall be unlawful for any person, firm, corporation or other entity of any kind or nature to operate a facility of any kind or nature which disposes of hazardous waste, infectious waste or chemotherapeutic waste, as those terms are hereinbelow defined, by incineration or by any other process which involves breaking down solid waste by the application of heat.
The following definitions shall apply to this article:
- CHEMOTHERAPEUTIC WASTE
- Waste resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells.
- HAZARDOUS WASTE
- Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
- A. Cause or contribute to a significant increase in mortality or an increase in morbidity in either an individual or the total population; or
- B. Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed.
- An institution which is primarily engaged in providing treatment to inpatients by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. The term does not include psychiatric and tuberculosis hospitals.
- A process using controlled combustion for the primary purpose of thermally breaking down solid waste.
- INFECTIOUS WASTE
- The following types of municipal wastes, unless they are generated by individual residences:
- A. Wastes generated by hospitalized patients who are isolated or on blood and body fluid precautions in order to protect others from their severe and communicable disease.
- B. Cultures and stocks of ET etiologic agents.
- C. Animal waste blood and animal blood products which are known or suspected to contain contagious zoonotic pathogens, human waste blood and blood products.
- D. Tissues, organs, body parts, blood and body fluids that are removed during surgery and autopsy.
- E. Waste generated by surgery or autopsy aseptic cases or patients with infectious diseases.
- F. Wastes that were in contact with pathogens and any type of laboratory work, including collection containers, culture dishes, sludge, plates and assemblies for diagnostic tests; and devices used to transfer, inoculate and mix cultures.
- G. Sharps.
- H. Wastes that were in contact with the blood of patients undergoing hemodialysis at hospitals or independent treatment centers.
- I. Carcasses and body parts of animals exposed to contagious zoonotic pathogens.
- J. Animal bedding and other wastes that were in contact with animals that suffered from contagious zoonotic diseases due to natural infection or laboratory research and their excretions, secretions, carcasses or body parts
- K. Waste biologicals, for example vaccines, produced by pharmaceutical companies for human or veterinary use.
- L. Food and other products that are discarded because of contamination with etiologic agents.
- M. Equipment and equipment parts contaminated with etiologic agents.
Notwithstanding the foregoing, it shall be lawful for a hospital to incinerate infectious waste and chemotherapeutic waste actually generated at that hospital. It shall be unlawful for any hospital located in Falls Township to burn hazardous waste or to burn infectious and/or chemotherapeutic waste derived from sites other than the hospital itself.
Any person, firm or corporation who violates or permits a violation of this article shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this article. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the appropriate officers or agents of the Township are hereby authorized to file a citation for such summary violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this article.