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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. MUNICIPAL WASTE PLANNING


GENERAL PROVISIONS

Sec.


272.201.    Purposes.
272.202.    Advisory committee.
272.203.    Notice to municipalities.
272.204.    Format of plans.

PLANNING


272.211.    General requirement.

PLAN CONTENT


272.221.    Scope of plan.
272.222.    Public participation.
272.223.    Description of waste.
272.224.    Description of facilities.
272.225.    Estimated future capacity.
272.226.    Description of recyclable materials.
272.227.    Selection and justification of municipal waste management program.
272.228.    Location.
272.229.    Implementing entity identification.
272.230.    Public function.
272.231.    Implementing documents.
272.232.    Orderly extension.
272.233.    Facilities developed pursuant to subcounty plans.

PLAN REVIEW PROCEDURES


272.241.    Public notice of plan availability.
272.242.    Adoption and ratification of the plan.
272.243.    Failure to ratify plan.
272.244.    Departmental review of plans.
272.245.    Submission of implementing documents.

PLAN REVISIONS


272.251.    Submission of revisions.
272.252.    Development of plan revisions.

OTHER PLANNING PROVISIONS


272.261.    Annual report by county.

Cross References

   This subchapter cited in 25 Pa. Code §  271.1 (relating to definitions); and 25 Pa. Code §  272.321 (relating to scope of grant).

GENERAL PROVISIONS


§ 272.201. Purposes.

 The primary purposes of a municipal waste management plan are to:

   (1)  Ensure that each county has sufficient processing and disposal capacity for its municipal waste for at least 10 years.

   (2)  Ensure a full, fair and open discussion of alternative methods of municipal waste processing or disposal.

   (3)  Ensure maximum feasible waste reduction and recycling of municipal waste or source separated recyclable material.

   (4)  Shift the primary responsibility for developing and implementing municipal waste management plans from municipalities to counties.

   (5)  Conserve resources and protect the public health, safety and welfare from the short- and long-term dangers of transportation, processing, treatment, storage and disposal of municipal waste.

Source

   The provisions of this §  272.201 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.202. Advisory committee.

 (a)  Prior to developing a plan for submission to the Department under this subchapter, the county shall form an advisory committee. The committee shall review the plan during its preparation, make suggestions and propose changes it believes appropriate.

 (b)  The committee shall include representatives from the following:

   (1)  All classes of municipalities within the county.

   (2)  Citizen organizations.

   (3)  Industry.

   (4)  The private solid waste industry operating within the county.

   (5)  The private recycling or scrap material processing industry operating within the county.

   (6)  The county recycling coordinator, if one exists.

   (7)  Other persons deemed appropriate by the county.

Source

   The provisions of this §  272.202 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.203. Notice to municipalities.

 The county shall provide written notice to municipalities within the county when plan development or plan revision begins. The county shall also provide periodic progress reports to the municipalities concerning the preparation of the plan.

Source

   The provisions of this §  272.203 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  271.1 (relating to definitions); 25 Pa. Code §  272.226 (relating to description of recyclable materials); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.204. Format of plans.

 (a)  Counties shall focus on significant issues and alternatives, and shall reduce paperwork and the accumulation of extraneous background data. A plan shall be clear and concise and shall be supported by evidence that the county has made the necessary analysis. A plan shall be analytic rather than encyclopedic.

 (b)  A plan shall be developed and implemented in an open and public manner.

 (c)  A plan shall be written in plain language. Appropriate graphics may be used so that decision makers and the public can readily understand it.

 (d)  A plan shall be organized and formatted to correspond to § §  272.222—272.233. A plan shall have a separate section for each of these sections.

 (e)  A plan shall be specific to the planning area. A plan shall be used as the basis for municipal waste actions by the county and municipalities during the term of the plan. The plan shall be implementable.

Source

   The provisions of this §  272.204 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.252 (relating to development of plan revisions).

PLANNING


§ 272.211. General requirement.

 A county shall submit to the Department a municipal waste plan revision under this subchapter. For purposes of this subchapter, the term “county” includes cities of the first class, but does not include counties of the first class.

Source

   The provisions of this §  272.211 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226104) and (234803).

Notes of Decisions

   Information

   A county wishing to supplement its list of designated waste disposal sites must comply with the statutory requirements for substantial plan revisions of designated sites. Department of Environmental Resources v. Washington County, 629 A.2d 172 (Pa. Cmwlth. 1993); appeal denied 631 A.2d 1611 (Pa. 1993); appeal dismissed 639 A.2d 1171 (Pa. 1994).

Cross References

   This section cited in 25 Pa. Code §  271.1 (relating to definitions); and 25 Pa. Code §  272.221 (relating to scope).

PLAN CONTENT


§ 272.221. Scope of plan.

 (a)  Except as provided in §  272.211 (relating to general requirement), a plan submitted after October 26, 1988, shall comply with this subchapter.

 (b)  The Department may, in writing, request information from a county not specifically identified in this subchapter that the Department deems necessary to implement the purposes and provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act and this subchapter.

Source

   The provisions of this §  272.221 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (234803) to (234804).

Cross References

   This section cited in 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.222. Public participation.

 (a)  The plan shall contain a complete and detailed explanation of the public’s involvement in the development and implementation of the plan. The plan shall demonstrate that it was developed, and will be implemented, in an open and public manner.

 (b)  For the development of the plan, this explanation shall include, but not be limited to, a list of the members of the advisory committee, minutes of each advisory committee meeting and a summary of other public meetings, hearings and other public information efforts utilized by the county.

 (c)  For the implementation of the plan, the plan shall include provisions for public participation, including, but not limited to, an advisory committee to provide oversight and advice on the implementation of the plan.

Source

   The provisions of this §  272.222 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.223. Description of waste.

 (a)  The plan shall describe and explain the origin, content and weight or volume of municipal waste currently generated within the county’s boundaries, and the origin, content and weight or volume of municipal waste that will be generated within the county’s boundaries during the next 10 years. The plan shall also include a statement of the county or other geographical area for which the plan is prepared.

 (b)  In describing the content of waste, the plan shall specifically address sewage sludge (including septage), regulated medical and chemotherapeutic waste, ash from resource recovery facilities, construction/demolition waste other than waste from demolition of an industrial site and other municipal waste.

 (c)  In describing the origin of waste, the plan shall provide:

   (1)  An estimate of the number of residential, commercial, municipal and institutional establishments, and community activities within the county, for municipal waste other than the special handling wastes specifically addressed in this subsection.

   (2)  An inventory of public and private sewage treatment plants, including mobile homes, restaurants and hotels, and an inventory of septage haulers serving the county, for sewage sludge (including septage).

   (3)  An inventory of hospitals in the county, and a representative sampling of different medical specialists, such as clinics, doctors, dentists, funeral directors and veterinarians, for regulated medical and chemotherapeutic waste.

   (4)  An inventory of the facilities serving the county, for ash from resource recovery facilities.

   (5)  An estimate of the amount of construction/demolition waste currently generated within the county’s boundaries and that will be generated within the county’s boundaries during the next 10 years; and an estimate of the amount of construction/demolition waste that is currently recycled and that could be recycled during the next 10 years.

 (d)  In describing the weight or volume of waste, the plan shall provide:

   (1)  A total waste generation estimate for the planning area derived from best available National studies, sampling data from similar counties or other reliable information, for municipal waste other than special handling waste described in subsection (c).

   (2)  Sampling or survey data for the planning area, or other reliable information, for the special handling waste described in subsection (c).

   (3)  A detailed analysis, for each type of waste, of the extent to which recycling currently reduces the weight or volume of waste that requires processing or disposal, and the extent to which waste reduction or recycling will reduce the weight or volume of waste that will require processing or disposal within the next 10 years. If less than 35% of the weight or volume of waste will be recycled or reduced, the plan shall contain a detailed justification.

 (e)  The plan may also, at the discretion of the county, specifically address one or more of the following:

   (1)  Waste tires.

   (2)  Household hazardous waste.

   (3)  Leaf waste, yard waste and other waste suitable for composting.

   (4)  Bulk items from community cleanup days.

   (5)  Other components of municipal waste not described in this section.

Source

   The provisions of this §  272.223 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended November 7, 2014, effective November 8, 2014, 44 Pa.B. 7021. Immediately preceding text appears at serial pages (336640) and (272961) to (272962).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); 25 Pa. Code §  272.225 (relating to estimated future capacity); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.224. Description of facilities.

 (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.

     

Source

   The provisions of this §  272.224 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226107) to (226109).

Cross References

   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).

§ 272.225. Estimated future capacity.

 (a)  The plan shall estimate the processing or disposal capacity needed for the municipal waste that will be generated in the county during the next 10 years. This estimate shall be based on the analysis performed under §  272.223 (relating to description of waste), and may not include waste or source separated recyclable material that will be recycled.

 (b)  The plan shall describe the primary variables affecting this estimate and the extent to which they can reasonably be expected to affect the estimate, including, but not limited to, the amount of residual waste disposed or processed at municipal waste disposal or processing facilities in the county and the extent to which residual waste may be disposed or processed at these facilities during the next 10 years.

 (c)  The plan shall consider the impact of compliance with the regulations of the Department relating to residual waste in determining the estimate.

 (d)  If during the development of a plan revision, the county determines that additional processing or disposal capacity is needed by the county, the county shall give public notice of the determination and solicit proposals and recommendations regarding facilities and programs to provide the capacity. The county shall provide a copy of the notice to the Department, which will submit a copy of the notice to be published in the Pennsylvania Bulletin.

Source

   The provisions of this §  272.225 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226109) to (226110).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.226. Description of recyclable materials.

 (a)  The plan shall describe and evaluate:

   (1)  The kind and weight or volume of materials that could be recycled, giving consideration, at a minimum, to the following materials: clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper, plastics, other marketable grades of paper and leaf waste.

   (2)  Potential benefits of waste reduction or recycling, including the potential solid waste reduction and the avoided cost of municipal waste processing or disposal.

   (3)  Existing materials recovery operations and the kind and weight or volume of materials recycled by the operations, whether public or private.

   (4)  The compatibility of recycling with other municipal waste processing or disposal methods, giving consideration to and describing anticipated and available markets for materials collected through municipal recycling programs.

   (5)  Proposed or existing collection methods for recyclable materials.

   (6)  Options for ensuring the collection of recyclable materials.

   (7)  Options for the processing, storage and sale of recyclable materials, including market commitments.

   (8)  Options for municipal cooperation or agreement for the collection, processing and sale of recyclable materials.

   (9)  A schedule for implementation of the recycling program for mandated municipalities and other parts of the county.

   (10)  Estimated costs of operating and maintaining a waste reduction and recycling program, estimated revenue from the sale or use of materials and avoided costs of processing or disposal. This estimate shall be based on a comparison of public and private operation of some or all parts of the recycling program.

   (11)  What consideration for the collection, marketing and disposition of recyclable materials will be accorded to persons engaged in the business of recycling on the date that the county issued its notice of plan revision under §  272.203 (relating to notice of municipalities) whether or not the persons are operating for profit.

   (12)  A public information and education program that will provide comprehensive and sustained public notice of waste reduction and recycling program features and requirements.

 (b)  A county containing municipalities that are required by Subchapter E (relating to municipal recycling programs) to implement recycling programs shall take the provisions of that subchapter into account in preparing the recycling portion of its plan. For these counties, the plan shall:

   (1)  Identify the municipalities that have mandatory or voluntary recycling programs.

   (2)  Identify municipalities that have delegated to the county their responsibilities under Subchapter E.

   (3)  Explain how recycling under the plan will be coordinated with, and will not interfere with, municipal recycling under Subchapter E.

 (c)  Nothing in this subchapter prohibits the preparation of a county municipal waste management plan revision prior to developing and implementing a recycling program required by Subchapter E, nor does this subchapter prohibit the preparation or implementation of a municipal recycling or waste reduction plan prior to the approval of the county plan revision.

Source

   The provisions of this §  272.226 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226110) to (226111).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.227. Selection and justification of municipal waste management program.

 (a)  The selection and justification of the municipal waste management program, as required by this section, is the most important part of the plan. The plan shall explain in detail how alternatives were identified and evaluated, the advantages and disadvantages of each alternative and how each facility or program was selected. The plan shall explain in detail the role of the advisory committee in this process.

 (b)  The plan shall describe the type, mix, size, expected cost and proposed methods of financing the facilities, recycling programs or waste reduction programs that are proposed for the processing and disposal of the municipal waste or source separated recyclable materials that will be generated within the county’s boundaries during the next 10 years.

 (c)  For every proposed facility, recycling program or waste reduction program, the plan shall:

   (1)  Explain in detail the reason for selecting the facility or program.

   (2)  Describe alternative facilities or programs, including, but not limited to, waste reduction, recycling or resource recovery facilities, municipal waste landfills, or other programs, that were considered. The plan shall provide reasonable assurances that the county utilized a fair, open and competitive process for selecting the facilities or programs from among alternatives which were suggested to the county. Nothing in this section requires the county to utilize a request for proposals or a bidding process to identify or select alternatives, nor does it require a county to select the alternative with the lowest cost.

   (3)  Evaluate the environmental, energy, life cycle cost and costs of transportation to each facility considered, and the economic advantages and disadvantages of the proposed facility or program as well as the alternatives considered.

   (4)  Show that adequate provision for existing and reasonably anticipated future recycling has been made in designing the size of a proposed facility. The plan shall explain whether put-or-pay contracts will be used to guarantee waste to a particular facility. If put-or-pay contracts are proposed, the plan shall explain in detail how use of the contracts will not interfere with or inhibit recycling in the county.

   (5)  Set forth a time schedule and program, by month and year, for planning, design, siting, construction and operation of each proposed facility or program.

 (d)  A landfill or resource recovery facility selected by a county for capacity assurance shall be considered “provided for” in that county’s plan under section 507 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.507).

Source

   The provisions of this §  272.227 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226111) to (226112).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); 25 Pa. Code §  272.228 (relating to location); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.228. Location.

 The plan shall identify the location of each municipal waste processing or disposal facility and each recycling program identified in §  272.227 (relating to selection and justification of municipal waste management program). For a site not yet chosen, the plan shall explain how the site will be chosen.

Source

   The provisions of this §  272.228 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226113).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.229. Implementing entity identification.

 The plan shall identify a governmental entity that will be responsible for implementing the plan on behalf of the county and describe the legal basis for that entity’s authority to do so.

Source

   The provisions of this §  272.229 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.230. Public function.

 (a)  If the county determines that it is in the public interest for municipal waste processing or disposal to be a public function, the plan shall:

   (1)  Provide for appropriate mechanisms.

   (2)  Demonstrate that the equipment is not available to the program in the private sector if mechanical processing equipment for recyclable materials will be purchased by the county.

 (b)  The plan shall state if the county proposes to own or operate a municipal waste processing or disposal facility. The plan shall also explain the basis for the proposal, giving consideration to the comparative costs and benefits of private ownership and operation of municipal waste processing or disposal facilities.

Source

   The provisions of this §  272.230 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.231. Implementing documents.

 (a)  The plan shall include proposed ordinances, negotiated contracts or other requirements that will be used to implement the plan and that will be used to ensure sufficient available capacity to properly dispose or process municipal waste that is expected to be generated within the county for the next 10 years, including requirements that will be used to ensure the operation of facilities proposed in the plan. The ordinances, contracts or other requirements shall include:

   (1)  County ownership, operation or control of the facilities with the available capacity.

   (2)  Contracts between the county and one or more persons for the right to use the facilities with the available capacity.

   (3)  Third-party contracts for the right to use the facilities with the available capacity.

   (4)  Waste flow control ordinances or other legal instruments directing waste to a particular facility, if applicable.

 (b)  The ordinances, contracts or other requirements required by subsection (a) shall be in final form and ready for approval or signature without further significant modification. For each ordinance, contract or other requirement, the plan shall identify the areas of the county to be affected, the expected effective date and the implementing mechanism. As used in this section, ‘‘sufficient available capacity’’ includes facilities not in existence for which the county has binding commitments.

 (c)  The plan shall state if the county proposes to require, by means other than contracts, that municipal wastes generated within its boundaries be processed or disposed at a designated facility under section 303 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §  4000.303). The plan shall explain the basis for the proposal, giving consideration to alternative means of ensuring that waste generated within the county’s boundaries is processed or disposed of in an environmentally acceptable manner.

Source

   The provisions of this §  272.231 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  271.201 (relating to criteria for permit issuance or denial); 25 Pa. Code §  272.204 (relating to format of plans); 25 Pa. Code §  272.244 (relating to Departmental review of plans); 25 Pa. Code §  272.245 (relating to submission of implementing documents); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.232. Orderly extension.

 The plan shall provide for the orderly extension of municipal waste management systems in a manner that is consistent with the needs of the area. The plan shall also be consistent with existing State, regional or local plans affecting the development, use and protection of air, water, land or other natural resources, including municipal waste management plans approved by the Department. The plan shall also take into consideration planning, zoning, population estimates, engineering and economics.

Source

   The provisions of this §  272.232 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.233. Facilities developed pursuant to sub-county plans.

 The plan shall explain how it will not interfere with the design, construction, operation, financing or contractual obligations of a municipal processing or disposal facility, including a reasonable expansion of an existing facility, which is part of a complete municipal waste management plan submitted to the Department by a municipality or organization of municipalities under the act prior to September 26, 1988, and approved by the Department.

Source

   The provisions of this §  272.233 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226115) to (226116).

Cross References

   This section cited in 25 Pa. Code §  272.204 (relating to format of plans).

PLAN REVIEW PROCEDURES


§ 272.241. Public notice of plan availability.

 (a)  Upon completion of a proposed plan, the county shall publish a notice in a newspaper of general circulation in the county. The notice shall:

   (1)  Contain a brief description of the proposed plan, including at a minimum a description of the type and location of existing and proposed processing and disposal facilities that will be used, and waste reduction and recycling programs that will be used.

   (2)  Indicate where copies of the plan may be reviewed.

   (3)  State that a person may submit comments on the plan to the county within 90 days of the date of the notice, with the specific reasons for the comments, and state the procedure for submission of comments.

   (4)  State the time, place and date for at least one public hearing on the proposed plan, which shall be held prior to the end of the 90-day period.

   (5)  Be in the form of a display advertisement, and run twice over 2 consecutive weeks.

 (b)  At the same time that the newspaper notice under subsection (a) is published, the county shall submit copies of the proposed plan for review to the Department, municipalities within the county, county or multi-county planning agencies and the county health department, if one exists. In submitting copies of the proposed plan, the county shall state that it will receive comments, with the specific reasons for the comments, for 90 days after the date of the newspaper notice.

Source

   The provisions of this §  272.241 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.242 (relating to adoption and ratification of the plan); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.242. Adoption and ratification of the plan.

 (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.

Source

   The provisions of this §  272.242 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Notes of Decisions

   Information

   A county municipal waste plan must identify and describe the following: facilities where the county’s municipal waste is currently being disposed or processed as well as facilities located within the county whether the waste is currently being disposed of there or not. A county may consider a proposed or operating municipal waste processing or disposal facility that is not required by §  272.224(a) to be described in developing its plan under this subchapter. Tinicum Township v. Department of Environmental Protection, 1996 EHB 816.

Cross References

   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).

§ 272.243. Failure to ratify plan.

 (a)  If the plan is not ratified as provided in §  272.242(d) (relating to adoption and ratification of the plan), the county shall meet with the advisory committee to discuss the reasons that the plan was not ratified. The advisory committee shall submit a recommendation concerning a revised county plan to the county within 45 days after it becomes apparent that the plan has failed to obtain ratification. The advisory committee’s recommendation shall specifically address the objections stated by municipalities in their resolutions of disapproval of the county plan.

 (b)  The governing body of the county shall adopt a revised plan within 75 days after it has become apparent that the original plan has failed to obtain ratification. Within 5 days following adoption of a revised 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 revised plan within 45 days of its submission to the 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 revised plan, the county, within 10 days of ratification, shall submit the revised plan to the Department for approval.

 (c)  A municipality may not decline to ratify a proposed revised 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 statement of objections shall be considered a ratification. A municipality shall immediately transmit a copy of its resolution of disapproval to the county. A conditional approval on the second municipal ratification shall be considered an approval.

 (d)  If the plan is not ratified as provided in subsection (b), the county shall submit the revised plan to the Department for approval. The revised plan shall be submitted within 10 days after it is apparent that the plan has failed to obtain ratification and shall be accompanied by the county’s written response to the objections stated by municipalities in the resolutions of disapproval.

 (e)  For purposes of this section, a plan shall be considered ratified on the date when a majority of municipalities, representing a majority of the population, have ratified the plan, regardless of the applicable ratification period.

 (f)  For purposes of this section, it will be considered apparent that a plan has failed to obtain ratification on the earliest of the following dates:

   (1)  The date on which the number of municipalities, or municipalities with sufficient population, that have failed to ratify the plan ensures that the plan cannot be ratified.

   (2)  The date on which the applicable ratification period has expired.

Source

   The provisions of this §  272.243 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.

Cross References

   This section cited in 25 Pa. Code §  272.244 (relating to Departmental review of plans); and 25 Pa. Code §  272.252 (relating to development of plan revisions).

§ 272.244. Departmental review of plans.

 (a)  Within 30 days after receiving a complete plan revision, including a plan revision submitted under §  272.243(d) (relating to failure to ratify plan), the Department will approve, conditionally approve or disapprove it. If the Department gives written notice to the county that additional time is necessary to complete its review, the Department will have 30 additional days to render a decision. A nonsubstantial plan revision will be deemed approved within 30 days of receipt by the Department, unless the Department responds in writing.

 (b)  The Department will approve a county plan that demonstrates to the satisfaction of the Department that:

   (1)  The plan is complete and accurate and consistent with the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations thereunder.

   (2)  The plan provides for the maximum feasible development and implementation of waste reduction and recycling programs.

   (3)  The plan provides for the processing and disposal of municipal waste in a manner that is consistent with the requirements of the act, the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations thereunder.

   (4)  The plan provides for the processing and disposal of municipal waste for at least 10 years.

   (5)  If the plan proposes that municipal waste generated within the county’s boundaries to be required, by means other than contracts, to be processed or disposed at a designated facility under §  272.231(c) (relating to implementing documents), the plan explains the basis for doing so.

   (6)  If the plan proposes that the county own or operate a municipal waste processing or disposal facility, the plan explains the basis for doing so.

 (c)  A plan approved by the Department will, at a minimum, ensure and contain the following conditions:

   (1)  The county shall implement the plan that was submitted to the Department in accordance with the provisions of the plan and conditions contained in a conditional approval.

   (2)  The county shall adhere to the schedule in the approved plan for planning, designing, siting, construction or operation of municipal waste processing or disposal facilities, and waste reduction or recycling facilities or programs.

   (3)  The county may not act in a manner contrary to the approved plan or otherwise fail to act in a manner consistent with the approved plan.

 (d)  The Department will publish notice of plan approval under this section in the Pennsylvania Bulletin.

Source

   The provisions of this §  272.244 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226119) to (226120).

Cross References

   This section cited in 25 Pa. Code §  272.251 (relating to submission of revisions).

§ 272.245. Submission of implementing documents.

 (a)  Within 1 year following approval of a plan by the Department, the county shall submit to the Department copies of executed ordinances, contracts or other requirements to implement its approved plan and that will be used to ensure sufficient available capacity to properly dispose or process municipal waste that is expected to be generated within the county for the next 10 years.

 (b)  The ordinances, contracts or other requirements shall be the same in form and content as those submitted under §  272.231 (relating to implementing documents), except that the documents submitted under this section shall be executed, enacted or otherwise in full force and effect.

 (c)  Within 30 days after receipt, the Department will notify the county in writing if the documents do not adequately implement the approval plan. After the expiration of the 30-day review period, the Department will not issue a municipal waste landfill or resource recovery facility permit under the act unless the facility meets the requirements of §  271.201 (relating to criteria for permit issuance or denial). This subsection does not affect the Department’s ability to issue or deny permits under §  271.201.

Source

   The provisions of this §  272.245 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226120) and (238971).

Cross References

   This section cited in 25 Pa. Code §  272.252 (relating to development of plan revisions); 25 Pa. Code §  273.139 (relating to relationship to county plans); and 25 Pa. Code §  283.112 (relating to relationship to county plans).

PLAN REVISIONS


§ 272.251. Submission of revisions.

 (a)  A county with an approved municipal waste management plan shall submit a revised plan to the Department in accordance with this subchapter at the earliest of the following events:

   (1)  At least 3 years prior to the expiration of the capacity assurances necessary to dispose or process the municipal waste generated in the county.

   (2)  At least 3 years prior to the expiration of the term of the county’s approved plan.

   (3)  When otherwise required by the Department.

 (b)  A county with an approved municipal waste management plan may submit a revised plan to the Department in accordance with this subchapter at any other time.

 (c)  A proposed plan revision will be reviewed by the Department under the criteria in §  272.244 (relating to Departmental review of plans) to the extent that the plan is affected by the proposed revision.

Source

   The provisions of this §  272.251 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (238971) to (238972).

§ 272.252. Development of plan revisions.

 (a)  A county shall provide written notice to the Department when plan revision development begins. The notice shall describe the proposed plan revisions the county intends to undertake, including a description of how capacity will be assured for the remainder of the planning period.

 (b)  Within 30 days after receipt of written notice submitted under subsection (a), the Department will notify the county if it determines the proposed revision is substantial.

 (c)  A county submitting a plan revision shall comply with:

   (1)  Sections 272.221—272.233 (relating to plan content), to the extent changes from the approved plan are proposed.

   (2)  Sections 272.201, 272.202 and 272.204 (relating to purposes; advisory committee; and format of plans).

   (3)  Section 272.203 (relating to notice to municipalities). At least 30 days before submitting a proposed, nonsubstantial plan revision to the Department, the county shall submit a copy of the proposed revision to the advisory committee and each municipality within the county. A summary of comments received from the advisory committee and municipalities shall be included with the submission of a nonsubstantial revision to the Department.

 (d)  If the plan revision is determined to be substantial, the county shall also:

   (1)  Comply with § §  272.202, 272.241—272.243 and 272.245.

   (2)  Identify and describe the facilities where municipal waste is currently being disposed or processed, and the remaining available permitted capacity of the facilities. The plan revision shall also consider the capacity which could be made available through the reasonable expansion of the facilities.

 (e)  For purposes of this section, substantial plan revisions shall include, but not be limited to:

   (1)  The elimination of a recycling program, contained in a county plan and operating in a county resulting in reduced volume of recycling.

   (2)  The addition of municipal waste streams not originally included in the plan.

 (f)  A county may choose to use the substantial revision process even if the Department determines that a plan revision is nonsubstantial.

Source

   The provisions of this §  272.252 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended November 28, 1997, effective November 29, 1997, 27 Pa.B. 6190; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (238972) to (238973).

OTHER PLANNING PROVISIONS


§ 272.261. Annual report by county.

 (a)  On or before April 1 of each year, a county shall submit a report to the Department.

 (b)  The annual report, which shall be submitted on a form supplied by the Department, shall include the following:

   (1)  If the county is developing a plan, a detailed description of its progress in developing the plan, showing which requirements of this subchapter have already been met, and which plan elements have been completed. The county shall also include a schedule for completion of the remaining tasks in accordance with the deadlines and requirements of this subchapter.

   (2)  If the county is implementing an approved plan, a detailed description of its progress in implementing the plan, showing the county’s progress in carrying out the implementation schedule in the plan. The county shall also describe activities by a person or municipality, including the county, that are contrary to or inconsistent with the approved plan.

   (3)  The weight or volume of each source-separated material that was recycled by each municipal recycling program operating in the county in the preceding calendar year, and the weight or volume of each source-separated material that was recycled by the county or another recycling program operating in the county in the preceding calendar year.

   (4)  Documentation that the assumptions the county made in developing capacity assurance in the plan remain valid.

Source

   The provisions of this §  272.261 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (238973).

Cross References

   This section cited in 25 Pa. Code §  272.314 (relating to limits on Department’s authority to award grants).



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