Where the following words are used in this chapter,
they shall have, unless the context clearly indicates otherwise, the
meanings ascribed herein. 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 by Act 101:
ACT 97
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101
et seq., the 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., the Municipal Waste Planning, Recycling and Waste Reduction
Act, as amended, and all rules and regulations promulgated thereunder.
AUTHORITY
The McKean County Solid Waste Authority, the designated implementing
agency for the McKean County Municipal Waste Management Plan.
BULKY WASTE
Large items of solid waste including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require 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.
COLLECTION VEHICLES
Any vehicle that is licensed by the McKean County Solid Waste
Authority.
[Added 3-13-1995 by Ord. No. A-906]
CONTAINER
A portable device in which waste is held for storage or transportation.
COUNTY
The County of McKean or the McKean 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 to 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, as defined
in Act 97, which because of its quantity, concentration or physical,
chemical or infectious characteristics may: cause or significantly
contribute to an increase in mortality or an increase in morbidity
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, but not including grass clippings.
LICENSED HAULER or LICENSED COLLECTOR
Any municipal waste hauler or collector possessing a valid
and current county license issued by the McKean County Solid Waste
Authority, as well as a license issued by the Borough of Kane pursuant
to this chapter.
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.
MUNICIPALITY
The Borough of Kane, McKean County, Pennsylvania.
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 chapter which prescribe a fine, imprisonment or penalty, or
any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation of other legal entity
having officers and directors.
PLAN
The McKean County Municipal 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 or processed as municipal waste, or the
mechanical 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.
RECYCLING FACILITY
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement 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, waste water 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, 1937, (P.L. 1987, No. 394) known as
the Clean Steams Law.
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.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct
to waste collection route vehicles.