The following words and phrases as used in this article
shall have the meanings ascribed herein, unless the context clearly
indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (Act
of July 7, 1980, P.L. 380, No. 97).
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (Act of July 28, P.L. 556, No. 101).
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 or weight.
COMMERCIAL ESTABLISHMENTS
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, theaters, bars, taverns and gas stations.
CONTAINER
A portable device in which waste is held for storage or transportation.
COUNTY
The County of Westmoreland or the Westmoreland 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 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.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
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 Westmoreland County Solid
Waste Authority pursuant to County Ordinance No. 2-1992 and the municipality
pursuant to this article.
MUNICIPALITY
The Township of Penn, Westmoreland County, Pennsylvania.
MUNICIPAL WASTE
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. This term does not include source-separated recyclable materials.
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 article prescribing a fine, imprisonment or penalty 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.
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, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "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
Streams 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.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.