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.
HOSPITAL
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.
INCINERATION
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.
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.