Current through Register Vol. 54, No. 44, November 2, 2024
(a) The
plan shall identify and describe the following:
(1) The facilities where the county's
municipal waste is currently being disposed or processed.
(2) The remaining available permitted
capacity of the facilities.
(3) The
capacity which could be made available through the reasonable expansion of the
facilities.
(4) The recycling
capabilities of the facilities.
(b) The plan shall also explain:
(1) The extent to which existing facilities
will be used for county waste during the life of the plan.
(2) How the plan will not substantially
impair the use of the remaining permitted capacity of the facilities, or of the
capacity which could be made available through the reasonable expansion of the
facilities. Substantial impairment occurs if a county ceases to use a facility
that is currently receiving municipal waste generated in the county, and the
county also interferes with, or attempts to interfere with, the facility's
efforts to find other municipal waste customers. Measures directing
municipality waste to a different facility do not constitute interference with
the existing facility's efforts to find other customers.
(c) The plan shall give consideration to the
potential expansion of existing facilities located in the county.
(d) For purposes of this section, an"existing
facility" is a municipal waste processing or disposal facility which meets
either of the following conditions:
(1) The
facility was designated to receive waste in the existing county plan.
(2) The facility has submitted a complete
permit application as of the date of the notice of plan revision.
(e) A facility will not be
considered an "existing facility" under subsection (d) if it meets one or more
of the following:
(1) Its status as an
existing facility depends wholly or partly on the filing of a permit
application, and the application is denied by the Department.
(2) Its status as an existing facility
depends wholly or partly on the holding of a permit under the act, and the
permit is revoked or suspended, or the Department requires the facility to
cease receiving waste, based on violations of the act, the environmental
protection acts, regulations thereunder, the terms or conditions of its permit,
or an order issued by the Department.
(f) In developing its plan under this
subchapter, a county may consider a proposed or operating municipal waste
processing or disposal facility that is not described in this
section.
This section cited in 25 Pa. Code §
272.204 (relating to format of
plan); and 25 Pa. Code §
272.252 (relating to development
of plan revisions).
