35 Pa. Stat. § 6018.103
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Abatement." The restoration, reclamation, recovery, etc., of a natural resource adversely affected by the activity of a person, permittee or municipality.
"Advanced recycling." A manufacturing process for the conversion of post-use polymers through processes, including pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation and other similar technologies, into any of the following:
"Advanced recycling facility." A manufacturing facility that receives post-use polymers and separates, stores and converts the post-use polymers using advanced recycling. The term does not include a resource recovery facility, processing facility, municipal waste processing or disposal facility or any other facility that receives unsorted municipal waste for the purpose of separating out post-use polymers for use in advanced recycling.
"Agricultural waste." Poultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur bearing animals, and their products, provided that such agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, aquacultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands. The term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.
"Aquaculture." The practice of raising plants or animals, such as fish or shellfish, in manmade or natural bodies of water.
"Beneficial use." Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, where the use does not harm or threaten public health, safety, welfare or the environment.
"Captive facilities." Facilities which are located upon lands owned by a generator of hazardous waste and which are operated to provide for the treatment or disposal solely of such generator's hazardous waste.
"Coal ash." Fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. The term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclamation.
"Commercial establishment." Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
"Commonwealth." The Commonwealth of Pennsylvania.
"Current generation blast furnace, iron and steel slag." Existing and future iron and steel slag that has been generated at an operating steel mill and has not been:
"Department." The Department of Environmental Protection of the Commonwealth of Pennsylvania and its authorized representatives.
"Disposal." The incineration, 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 the Commonwealth.
"Drill cuttings." Rock cuttings and related mineral residues created during the drilling of wells pursuant to the act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act," provided such materials are disposed of at the well site and pursuant to section 206 of the "Oil and Gas Act."
"Facility." All land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place, or where hazardous waste is treated, stored or disposed.
"Food processing waste." Residual materials in liquid or solid form generated in the slaughtering of poultry and livestock, or in processing and converting fish, seafood, milk, meat, and eggs to food products; it also means residual materials generated in the processing, converting, or manufacturing of fruits, vegetables, crops and other commodities into marketable food items.
"Food processing wastes used for agricultural purposes." The use of food processing wastes in normal farming operations as defined in this section.
"Hazardous waste." Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, (but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under§ 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880) or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954, as amended (68 Stat. 923)) , which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
The term "Hazardous Waste" 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." "Hazardous Waste" 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."
"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.
"Management." The entire process, or any part thereof, of storage, collection, transportation, processing, treatment, and disposal of solid wastes by any person engaging in such process.
"Manifest system." A written record identifying the quantity, composition, origin, routing, and destination of hazardous waste from the point of generation to the point of disposal, treatment or storage.
"Mine." Any deep or surface mine, whether active, inactive or abandoned.
"Mining." The process of the extraction of minerals from the earth or from waste or stockpiles or from pits or banks.
"Municipality." A city, borough, incorporated town, township or county or any authority created by any of the foregoing.
"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 hereunder from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility. The term does not include post-use polymers that are converted through advanced recycling.
"Normal farming operations." The customary and generally accepted activities, practices and procedures that farms adopt, use, or engage in year after year in the production and preparation for market of poultry, livestock, and their products; and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; provided that such operations are conducted in compliance with applicable laws, and provided that the use or disposal of these materials will not pollute the air, water, or other natural resources of the Commonwealth. It includes the storage and utilization of agricultural and food process wastes, screenings and sludges for animal feed, and includes the agricultural utilization of septic tank cleanings and sewage sludges which are generated off-site. It includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste, screenings and sludges on land where such materials will improve the condition of the soil, the growth of crops, or in the restoration of the land for the same purposes.
"Person." Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal Government or agency, State institution and agency (including, but not limited to, the Department of General Services and the State Public School Buildings Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this act 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.
"Point sources subject to permits under§ 402 of the Federal Water Pollution Control Act." Point source discharges for which valid and current permits have been issued under§ 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880) to the extent that such discharges are authorized by said permits.
"Pollution." Contamination of any air, water, land or other natural resources of the Commonwealth such as will create or is likely to create a public nuisance or to render such 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.
"Post-use polymers." Post-use plastic derived from any residential, municipal or commercial source that would not otherwise be recycled, including source-separated recyclable plastics from a materials recycling facility, that is not mixed with solid waste, municipal waste, residual waste, regulated medical and chemotherapeutic waste, hazardous waste, electronic waste, waste tires or construction or demolition waste and may contain incidental contaminants or impurities, such as paper labels or metal rings. For the purpose of this act, post-use polymers that are converted using advanced recycling shall not be considered solid waste, municipal waste or residual waste.
"Processing."
"Residual waste."
"Secretary." The Secretary of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
"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 any of the following:
"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 facility." A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of such waste materials for offsite reuse. The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
"Transportation." The off-site removal of any solid waste at any time after generation.
"Treatment." Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous. The term does not include The conversion of post-use polymers through advanced recycling in which the manufacturing activities, handling of the post-use polymers at an advanced recycling facility and the products and by-products of the advanced recycling conversion comply with all applicable environmental protection agency and department rules and regulations.
35 P.S. § 6018.103