The following terms shall have the following meanings
in this article:
ACCEPTABLE WASTE
Municipal waste which is collected from the general public,
or is otherwise consistent with Section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
COMPANY
Dravo Energy Resources of Montgomery County, Inc.
CONTRACTOR
Dravo Operations of Montgomery County, Inc.
COUNTY
County of Montgomery, Pennsylvania.
COUNTY ORDINANCE
An ordinance enacted by the county creating the county system,
providing for the licensure of various persons, regulating waste flow
and setting forth certain related provisions.
COUNTY SYSTEM OR SYSTEM
The county solid waste management and disposal system created
by the county and every aspect thereof, including but not limited
to equipment, transfer 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 county or any agent, designee or contractor
in connection with the plan.
DATE OF COUNTY SYSTEM OPERATION
That date on which the county system shall be declared by
the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
EXISTING CONTRACT
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this municipality.
FACILITY
The mass burn resource recovery and electric generating facility,
together with appurtenant structures and equipment, to be constructed
on a site in Plymouth Township, Montgomery County, as contemplated
by the facility agreement.
FACILITY AGREEMENT
The amended and restated facility agreement among the company,
contractor and the Montgomery County Industrial Development Authority,
as such may be further amended from time to time.
MUNICIPAL COMMITMENT
The obligation of each participating municipality to deliver
or cause to be delivered to the county system all of the residential
component of its municipally generated acceptable waste, and such
other acceptable waste as the participating municipality and the county
may hereafter agree to include in such municipal commitment.
MUNICIPALITY
The Township of Abington (a Township of the first class)
located within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual waste or hazardous
waste in Act 97 and Act 101 from a municipal, commercial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility.
MUNICIPAL WASTE AUTHORITY
The Waste System Authority of Montgomery County created by
the county for purposes relating to municipal waste processing and
disposal and/or the IMA and the County Waste Flow Ordinance.
NONPROCESSIBLE WASTE
That portion of acceptable waste which consists of white
goods, automobile tires in quantity or 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.
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 Resources,
as such may hereafter be amended or modified in compliance with law.
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.
RESIDENTIAL COMPONENT
All acceptable waste generated by households within a participating
municipality, exclusive of multiple family dwellings which are not
included in the calculation of the residential component pursuant
to regulations of the county.
SERVICE AGREEMENT
The amended and restated municipal solid waste disposal service
agreement by and between the county and Dravo Operations of Montgomery
County, Inc., or any successor thereto, as such may be further amended
from time to time.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry
into the 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)
Explosives, pathological and biological waste,
residual waste and hazardous waste, radioactive materials, sludges,
cesspool or other human waste, human and animal remains, motor vehicles,
liquid waste, contained gaseous materials which may pose a hazard
to the facility or the community, hazardous substances, as defined
in the Federal Comprehensive Environmental Response, Compensation
and Liability Act, as it may be amended from time to time hereafter,
and any analogous federal, state or local law, ordinance, rule or
regulation as may be applicable at the time of delivery of waste to
the facility and commercial waste which is not permitted by law to
be treated and disposed of in the facility;
(2)
Any item of waste either smoldering or on fire;
(3)
Construction and demolition debris, ashes, incinerator
residue and foundry sand;
(4)
Wastes in quantities and concentrations which
require special handling in their collection and/or processing, including
medical or other red bag waste; and
(5)
All other items of waste which, at the time
of delivery to the facility, would be likely to pose a threat to health
or safety or have been prohibited by any valid and enforceable judicial
decision, order or governmental action from being accepted by the
facility.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.