A. 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, Pennsylvania, 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 Upper Dublin, a Township of the First Class located in 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 Montogmery County created by the county for purposes relating to municipal waste processing and disposal and/or the intermunicipal agreement (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 twenty-five (25) pounds or exceeds one (1) of the following dimensions: four (4) feet in length, four (4) inches in diameter or four (4) 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 (DER), as such may hereafter be amended or modified in compliance with law.
POINT OF ENTRY INTO THE COUNTY SYSTEM — Any delivery point within the county system designated by the county for delivery of municipal waste.
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 as 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 Montogmery 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.
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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.
(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.
B. All other words and phrases shall have the same meanings as set forth in Act 97 or Act 101
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as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning or as set forth in the IMA, facility agreement or service agreement. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.
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1 Editor's Note: See 53 P.S. § 4000.101 et seq.
2 Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
3 Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.