For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. The restoration, reclamation, recovery and the like of a natural resource adversely affected by the activity of a person.
AVERAGE DAILY VOLUME. The mean daily volume received at a facility taking into account weather and seasonal variations, scheduled community cleanup days and other factors.
COMMONWEALTH AGENCY. The commonwealth and its departments, boards, commissions and agencies, commonwealth owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority and any other authority now in existence or hereafter created or organized by the commonwealth.
DEGRADABLE PLASTIC BEVERAGE CARRIER. Plastic beverage carriers that degrade by biological processes, photodegradation, chemodegradation or degradation by other natural processes. The degradation process does not produce or result in a residue or by-product considered to be hazardous waste.
DEPARTMENT. The Department of Environmental Protection of the commonwealth and its authorized representatives.
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 a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this commonwealth.
FEASIBILITY STUDY. A study which analyzes a specific municipal waste processing or disposal system to assess the likelihood that the system can be successfully implemented, including, but not limited to, an analysis of the prospective market, the projected costs and revenues of the system, the municipal waste-stream that the system will rely upon and various options available to implement the system.
LEAF WASTE. Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
LOCAL PUBLIC AGENCY.
(1) Counties, cities, boroughs, towns, townships, school districts and any other authority now in existence or hereafter created or organized by the commonwealth;
(2) All municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, township or school district or any combination thereof; and
(3) Any and all other public bodies, authorities, councils of government, officers, agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.
MANAGEMENT. The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid waste by any person engaging in such process.
MUNICIPAL RECYCLING PROGRAM. A source separation and collection program for recycling the township’s waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling the township’s waste or source-separated recyclable materials, that is operated by or on behalf of the township. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of the township. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
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 in the Solid Waste Management Act, 35 P.S. §§ 6018.101 et seq. from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plan or air pollution or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE LANDFILL. Any facility that is designated, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act, 35 P.S. §§ 6018.101 et seq. The term does not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
MUNICIPALITY. The Township of Upper Milford, Lehigh County, Pennsylvania.
OPERATOR. A person engaged in solid waste processing or disposal. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this subchapter.
PERSON. Any individual, partnership, corporation, association, institution or cooperative enterprise. In any provisions of this subchapter 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.
PLASTIC BEVERAGE CONTAINER. Plastic rings or similar plastic connectors used as holding devices in the packing of beverages, including, but not limited to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
POLLUTION. Contamination of any air, water, land or other natural resources of the township that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
POSTCONSUMER MATERIAL. Any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purposes of collection, recycling and disposition. The term includes industrial byproducts that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing process.
PROCESSING. Any technology used for the purpose of reducing the volume or bulk of municipal waste or any technology used to convert part of all of such waste materials for offsite reuse.
PROCESSING FACILITIES. Include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.
PROJECT DEVELOPMENT. Those activities required to be conducted prior to constructing a processing or disposal facility that has been shown to be feasible, including, but not limited to, public input and participation, siting, procurement and vendor contract negotiations, and market and municipal waste supply assurance negotiations.
PUBLIC AGENCY. Any commonwealth agency or local public agency.
RECYCLED CONTENT. Goods, supplies, equipment, materials and printing containing postconsumer materials.
RECYCLING. The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of 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.
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.
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 shall not include coal refuse as defined in the Act of September 24, 1968, (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act, 52 P.S. §§ 30.51 et seq. 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, 35 P.S. §§ 691.1 et seq.
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 fuel product. The term also includes any facility for the combustion of municipal waste that is generated off-site whether or not their facility is operated to recover energy. The term does not include:
(1) Any composting facility;
(2) Methane gas extraction from a municipal waste landfill;
(3) Any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste; and
(4) Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
SOLID WASTE. Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings.
SOLID WASTE MANAGEMENT ACT. The Act of July 7, 1980 (P.L. 380, No. 97).
SOURCE-SEPARATED RECYCLABLE MATERIALS. Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
STORAGE. The containment of any municipal 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 municipal 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 municipal waste at any time after generation.
TREATMENT. Any method, technique or process, including, but not limited to, neutralization, designed to change the physical, chemical or biological character or composition of any municipal waste so as to neutralize such waste or so as to render such waste safer for transport, suitable for recovery, suitable for storage or reduced in volume.
WASTE REDUCTION. Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including, but not limited to:
(1) Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability; and
(2) Use of products that contain as little material as possible are capable of being reused or recycled or have an extended useful life.
(Ord. 52, passed 7-10-1990)