35 Pa. Stat. § 755.3

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 755.3 - Definitions

As used in this act:

"Construction," with respect to any demonstration or development project means (i) the erection or building of new structures, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, but shall not include land costs or interests therein, and (ii) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (excluding trucks and other motor vehicles used in collection of solid waste from residences, commercial establishments, industries and other sources of generation, but including tractors, cranes, trucks, transfer and other machinery necessary for the proper utilization and operation of the facility after completion of the project); and includes engineering design studies, drawings, and specifications and (iii) the inspection and supervision of the process of carrying out the project to completion.

"County" means any county of this commonwealth.

"Demonstration project," means a pilot or full scale activity, conducted as a Solid Waste Management System or a component thereof in a municipality or municipalities designed to show the technical and economic feasibility of a new and improved technique, process or system applicable to a resource recovery project.

"Department" means the Department of Environmental Resources of the Commonwealth of Pennsylvania and its authorized representative.

"Development agency" means a municipality, or a group thereof or a municipal authority.

"Development project" means the construction of a solid waste disposal/processing system or a resource recovery system.

"Federal agency" means and includes the United States of America, the President of the United States of America, and any department of, or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.

"Municipality" means any county, city, borough, town or township of the Commonwealth of Pennsylvania.

"Person" means any individual, partnership, corporation, association, or other legal entity whatsoever which is recognized by law as the subject of rights and duties.

"Recovered resources" means materials or energy recovered from solid wastes.

"Resource recovery system" means a system which provides for the extraction and utilization of materials and values from solid waste including the separation, recycling, and recovery of all solid waste for which markets have been obtained prior to construction but not less than fifty percent (50%) by dry weight, of the total solid waste throughout of the system, and including the disposal of nonmarketable waste residues.

"Responsible buyer" means any person, partnership, or corporation deemed by the department after investigation, to be financially responsible to assume all obligations prescribed by the department in the acquisition and operation of a development project.

"Responsible tenant" means any person, partnership, or corporation deemed by the department after investigation, to be financially responsible to assume all obligations prescribed by the department in the acquisition and operation of a development project.

"Sewage" means any substance that contains any of the waste products or excrementitious or other discharge from the bodies of human beings or animals.

"Solid waste" means garbage, refuse, and other discarded materials including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

"Solid waste disposal/processing system" means a system that provides for the treatment, processing, or final disposal of solid waste as part of an official solid waste management plan.

35 P.S. § 755.3

1974, July 20, P.L. 572, No. 198, § 3, effective 11/1/1974. Amended 1975 , Oct. 7, P.L. 375, No. 108, §§ 1, 2, imd. effective.