Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 269a - SITING › Subchapter C - HOST MUNICIPALITY FUND ALLOCATION › ALLOCATION › Section 269a.221 - Allocation of the Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will identify qualifying facilities at the end of each calendar
						  year. A municipality will become eligible for payment in the first calendar
						  year that a qualifying facility is permitted and operating. Host municipalities
						  are not required to submit an application or request to be eligible.
(b) A host municipality shall be eligible for
						  a one time payment from the Fund if a qualifying facility is identified by the
						  Department in whole, or in part, within the host municipality's corporate
						  boundaries, and moneys remain in the Fund after requests for reimbursement
						  under section 305(d)(1) of the act (35 P. S. §
														6020.305(d)(1)) have been
						  satisfied for the calendar year.
(c) When only one qualifying facility is
						  identified, the host municipality shall receive the balance of the fund for
						  that year, subject to subsection (b).
(d) When more than one qualifying facility is
						  identified, the Department will allocate the available moneys using the
						  following criteria:
(1) The toxicity, mobility
						  and other characteristics of the hazardous waste.
(2) The proximity of the facility to persons
						  or natural resources which would be endangered by the escape of the hazardous
						  waste from the facility.
(3) The
						  total weight or volume of hazardous waste, whichever the Department determines
						  is most readily calculated and most appropriate, treated or disposed of
						  annually at the facility shall be calculated as a percentage of the total
						  amount of hazardous waste treated or disposed of annually within this
						  Commonwealth.
(4) The total weight
						  or volume of hazardous waste, whichever the Department determines is most
						  readily calculated and most appropriate, generated in this Commonwealth, shall
						  be calculated as a percentage of the hazardous waste treated or disposed of
						  annually at the facility.
(5) The
						  Department may require executed contracts or the facility's first year of
						  manifest data from the owner or operator to determine the information required
						  by this section.
(6) If the total
						  facility is not designated as needed by the Pennsylvania Hazardous Waste
						  Facilities Plan, the percentage of the facility meeting the needs of the
						  Pennsylvania Hazardous Waste Facilities Plan will be estimated by the
						  Department.
(7) Numerical values
						  shall be derived based on the factors in paragraphs (1)-(4). Those values shall
						  be added together to obtain a score for each qualifying facility.
(8) The scores will then be compared and a
						  pro rata share of the available Fund moneys will be allocated to each host
						  municipality based on these scores.
(9) If a qualifying facility is located in
						  more than one host municipality, the allocation for that facility shall be
						  distributed among the municipalities based on the percentage of the permitted
						  facility within each municipality.