Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VIII - Municipal Waste
Chapter 273 - MUNICIPAL WASTE LANDFILLS
Subchapter B - APPLICATION REQUIREMENTS
PHASE II APPLICATION REQUIREMENTS-GENERAL PROVISIONS
Section 273.138 - Plan for protection of capacity
Universal Citation: 25 PA Code ยง 273.138
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Required information.
(1) Except as provided in paragraph (2), if
the application is for one of the following, the application shall contain the
information required by this section:
(i) A
new municipal waste landfill.
(ii)
Additional capacity for a municipal waste landfill.
(iii) A permit modification that would result
in an increase in the average or maximum daily volume of waste that may be
received for processing or disposal at a municipal waste landfill.
(2) This section does not apply to
an application for a facility to be used solely for the disposal of ash residue
from municipal waste incinerators who provided documentation in the application
that, prior to July 28, 1988, it agreed to provide disposal capacity to
municipalities located in the host county. A copy of the contract or other
written agreement shall be included.
(b) Additional requirements. If the application meets the criteria in subsection (a), the application shall:
(1) Include a statement that the applicant
notified the host county and host municipality in writing of its ability to
negotiate for protection of capacity under section 1111 of the Municipal Waste
Planning, Recycling and Waste Reduction Act (53 P. S. §
4000.1111). A copy of the notification
letters shall be included.
(2) For
the host municipalities:
(i) Identify the
host municipalities.
(ii) Describe
the weight or volume of municipal waste generated within the host municipality
that will be delivered to the proposed facility, and the period over which the
waste will be delivered.
(iii)
Describe the rates, terms or conditions of the agreement arbitration award
allowing the waste to be delivered. In lieu of a description, a copy of the
agreement or arbitration award may be attached.
(iv) Include a detailed description of the
current status of negotiations under section 1111 of the Municipal Waste
Planning, Recycling and Waste Reduction Act, including a projected date by
which an agreement or arbitration award will be reached, if there is no
agreement or arbitration award between the host municipality and the
applicant.
(3) For the
host counties:
(i) Identify the host
counties.
(ii) Describe the weight
or volume of municipal waste generated within the host county that will be
delivered to the proposed facility, and the period over which the waste will be
delivered.
(iii) Describe the
rates, terms or conditions of the agreement or arbitration award allowing the
waste to be delivered. In lieu of a description, a copy of the agreement or
arbitration award may be attached.
(iv) Include a detailed description of the
current status of negotiations under section 1111 of the Municipal Waste
Planning, Recycling and Waste Reduction Act, including a projected date by
which an agreement or arbitration award will be reached, if there is no
agreement or arbitration award between the host county and the
applicant.
This section cited in 25 Pa. Code § 273.222 (relating to protection of capacity).
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