Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VIII - Municipal Waste
Chapter 272 - MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
Subchapter C - MUNICIPAL WASTE PLANNING
PLAN REVIEW PROCEDURES
Section 272.242 - Adoption and ratification of the plan

Universal Citation: 25 PA Code ยง 272.242

Current through Register Vol. 54, No. 44, November 2, 2024

(a) After the end of the comment period specified in § 272.241 (relating to public notice of plan availability), the county shall make appropriate revisions to the plan and shall prepare a document containing written responses to comments made during the comment period. The plan submitted to the governing body of the county shall include the response document.

(b) The governing body of the county shall adopt the plan within 60 days after the end of the public comment period under § 272.241.

(c) Within 10 days following adoption of the plan by the governing body of the county, the plan shall be sent to municipalities within the county for ratification.

(1) If a municipality does not act on the plan within 90 days of its submission to each municipality, it shall be deemed to have ratified the plan.

(2) If more than one-half of the municipalities, representing more than one-half of the county's population as determined by the most recent decennial census by the United States Bureau of the Census, ratify the plan, the county, within 10 days of ratification, shall submit the plan to the Department for approval. A municipality ratifying a plan shall immediately transmit a copy of its resolution of ratification to the county and the advisory committee.

(d) A municipality may not decline to ratify a proposed county plan unless the municipality's resolution of disapproval contains a concise statement of its objections to the plan. A resolution of disapproval that does not contain a concise statement of objections shall be considered a ratification. A municipality declining to ratify a plan shall immediately transmit a copy of its resolution of disapproval to the county and the advisory committee. A conditional approval shall be considered a disapproval.

This section cited in 25 Pa. Code § 272.243 (relating to failure to ratify plan); and 25 Pa. Code § 272.252 (relating to development of plan revisions).

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