Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart D - Environmental Health and Safety
Article VIII - Municipal Waste
Chapter 283 - RESOURCE RECOVERY AND OTHER PROCESSING FACILITIES
Subchapter B - APPLICATION REQUIREMENTS
GENERAL PROVISIONS
Section 283.111 - Plan for protection of capacity
Universal Citation: 25 PA Code ยง 283.111
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Application information.
(1) Except as provided in paragraph (2), an
application for one of the following resource recovery facilities shall contain
the information required by this section:
(i)
A new resource recovery facility.
(ii) Additional capacity for a resource
recovery facility.
(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 at a resource recovery
facility.
(2) This
section does not apply to an applicant for a resource recovery facility
financed by the host municipality or municipal authority. A copy of the
relevant documents shall be included with the application if this exemption is
sought.
(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 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 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 of time 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 § 283.222 (relating to protection of capacity); and 25 Pa. Code § 284.310 (relating to application requirements).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
