reglab/statecodes huggingface dataset:
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 CONTENT › Section 272.222 - Public participation

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
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 CONTENT › Section 272.223 - Description of waste

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.224 - Description of facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.225 - Estimated future capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(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
.
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).
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 CONTENT › Section 272.226 - Description of recyclable materials

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.227 - Selection and justification of municipal waste management program

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.228 - Location

Current through Register Vol. 54, No. 28, July 13, 2024
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.
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).
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 CONTENT › Section 272.229 - Implementing entity identification

Current through Register Vol. 54, No. 28, July 13, 2024
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.
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).
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 CONTENT › Section 272.230 - Public function

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.231 - Implementing documents

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 CONTENT › Section 272.232 - Orderly extension

Current through Register Vol. 54, No. 28, July 13, 2024
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.
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).
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 CONTENT › Section 272.233 - Facilities developed pursuant to sub-county plans

Current through Register Vol. 54, No. 28, July 13, 2024
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.
This section cited in 25 Pa. Code §
															272.204 (relating to format of
								plans).
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 272.241 - Public notice of plan availability

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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

Current through Register Vol. 54, No. 28, July 13, 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.
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 272.243 - Failure to ratify plan

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 272.244 - Departmental review of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 272.245 - Submission of implementing documents

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
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 REVISIONS › Section 272.251 - Submission of revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 REVISIONS › Section 272.252 - Development of plan revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › OTHER PLANNING PROVISIONS › Section 272.261 - Annual report by county

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 D - GRANTS › SCOPE › Section 272.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
A person or municipality that seeks or receives a
							 grant from the Department under the Municipal Waste Planning, Recycling and
							 Waste Reduction Act or the Small Business and Household Pollution Prevention
							 Program Act shall comply with this subchapter.
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.311 - Financial management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Obligations of the Commonwealth under this subchapter are contingent upon the
						  availability of funds for these grant programs.
(b) For a grant under this subchapter, if the
						  Department receives grant requests for which approved costs exceed available
						  funds for that type of grant, the Department may determine grant awards based
						  on population of the area for which the grant is requested, the extent to which
						  the grant is based on cooperation among several municipalities and the extent
						  to which the grant award will further the purposes of the Municipal Waste
						  Planning, Recycling and Waste Reduction Act and section 208 of the Small
						  Business and Household Pollution Prevention Program Act (35 P. S. §
														6029.208).
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.312 - Public notice of grant availability

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will publish a notice in the
Pennsylvania Bulletin
of the following:
(1) The availability of each grant under this
						  subchapter, except the reimbursement grant for permit applications under
						  §§
													272.371-272.373 (relating to reimbursement
						  grants for certain permit applications).
(2) The award of each grant requested under
						  §§
													272.321 and
						  272.331 (relating scope of grant;
						  and scope of grant).
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.313 - General requirements for grant applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A grant application under this subchapter
						  shall be submitted on a form prepared and furnished by the Department. The
						  application shall contain information the Department deems necessary to carry
						  out the Municipal Waste Planning, Recycling and Waste Reduction Act and the
						  Small Business and Household Pollution Prevention Program Act, as
						  applicable.
(b) A grant application
						  shall be submitted by a municipality or, for a household hazardous waste
						  collection event grant application, a sponsor. For grant applications submitted
						  under the Municipal Waste Planning, Recycling and Waste Reduction Act, a
						  municipal authority may not submit a grant application. A municipality that
						  receives a grant may pass funds from the grant to a municipal
						  authority.
(c) To the greatest
						  extent feasible, grant applications shall be submitted to the Department on
						  paper that is manufactured partly or entirely from postconsumer
						  material.
(d) Prior to development
						  of a grant application under §
													272.321 or §
													272.331 (relating to scope of
						  grant; and scope of grant), the applicant shall participate in a preapplication
						  conference with the Department.
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.314 - Limits on Department's authority to award grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may not award more than
						  10% of the moneys available under any type of grant under this subchapter to a
						  county. This limitation shall be based on funds available for that type of
						  grant in the fiscal year during which the application is filed.
(b) The Department will not award a grant
						  under this subchapter to a person or municipality unless the applicant
						  demonstrates to the Department's satisfaction that:
(1) The applicant has complied with the
						  conditions in previously awarded grants under this subchapter or conditions in
						  previously awarded grants under the act or the Pennsylvania Solid
						  Waste-Resource Recovery Development Act (35 P. S.
						  §§
															755.1-755.14).
(2) The applicant has complied with the
						  Municipal Waste Planning, Recycling and Waste Reduction Act, §
														272.261 (relating to annual report
						  by county) and this subchapter.
(3)
						  If the application is for a household hazardous waste collection event grant,
						  the applicant has complied with the Small Business and Household Pollution
						  Prevention Program Act.
(4) The
						  applicant has not previously been reimbursed under the Municipal Waste
						  Planning, Recycling and Waste Reduction Act for the expenses
						  requested.
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.315 - Grant limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grant
						  agreements that have been entered into under §
													272.321, §
													272.331 or §
													272.381 (relating to scope of
						  grant) shall terminate within 2 years after the grant funds have been
						  encumbered. Upon written request from the grantee, the Department may extend
						  the agreement termination date by up to 3 months. Lapsed funds will be returned
						  to the Recycling Fund for distribution to applicants in subsequent grant
						  periods.
(b) If grant funds offered
						  for grants under §
													272.231, §
													272.331 or §
													272.381 are not accepted by the
						  applicant within 1 year of offering, the offered funds will be returned to the
						  Recycling Fund for distribution to applicants in subsequent grant
						  periods.
(c) A subcontract for a
						  grant under this subchapter shall be made available to the Department within 10
						  days of request. A subcontract for 50% or more of the total grant award shall
						  be submitted to the Department. The value of salaries or in-kind services that
						  will be used as a match shall be included in the grant agreement.
(d) A subcontract for a grant under this
						  chapter shall be consistent with Commonwealth procedures and requirements for
						  contracts.
(e) The Department may
						  withhold payments of at least 10% of each grant under this subchapter until the
						  grantee has demonstrated to the Department's satisfaction that the requirements
						  of this subchapter have been met.
(f) The Department will not award a grant for
						  anything that has not been included in a grant application or is not proposed
						  to be used for the same limited purpose as an item included in a grant
						  application.
(g) Nothing in this
						  section prevents the Department from offering returned or lapsed funds to a
						  grantee or under a grant under this subchapter that differs from the original
						  grantee or type of grant.
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.316 - Performance audit

Current through Register Vol. 54, No. 28, July 13, 2024
A grant application under this subchapter shall
							 include provisions for an independent performance audit, which shall be
							 completed within 6 months after reimbursable work under the grant has been
							 completed. This audit may be performed as part of another independent audit
							 conducted for the municipality.
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 D - GRANTS › GENERAL PROVISIONS FOR AWARDING GRANTS › Section 272.317 - Grant review

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will deny a grant application, in
							 whole or in part, unless the applicant demonstrates the following to the
							 Department's satisfaction:
(1) The
						  grant application is complete and accurate, and meets the requirements of this
						  subchapter.
(2) Awarding the grant
						  is likely to accomplish the purposes of the Municipal Waste Planning, Recycling
						  and Waste Reduction Act or the Small Business and Household Pollution
						  Prevention Program Act, as applicable.
This section cited in 25 Pa. Code §
															272.334 (relating to Departmental
								review); and 25 Pa. Code §
															272.354 (relating to Departmental
								review).
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 D - GRANTS › PLANNING GRANTS › Section 272.321 - Scope of grant

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will, upon application from a county,
							 award grants for one or more of the following:
(1) The cost of preparing municipal waste
						  management plans in accordance with Subchapter C (relating to municipal waste
						  planning).
(2) The cost of carrying
						  out related studies, surveys, investigations, inquiries, research and analyses,
						  including those related to siting.
(3) Environmental mediation.
(4) Feasibility studies and project
						  development for municipal waste processing, disposal or composting facilities,
						  except for facilities for the combustion of municipal waste that are not
						  proposed to be operated for the recovery of energy.
(5) Educational programs on pollution
						  prevention, other technical assistance to small business for pollution
						  prevention and educational programs on household hazardous waste.
This section cited in 25 Pa. Code §
															272.312 (relating to public notice
								of grant availability); 25 Pa. Code §
															272.313 (relating to general
								requirements for grant applications); 25 Pa. Code §
															272.314 (relating to limits on
								Department's authority to award grants); 25 Pa. Code §
															272.315 (relating to grant
								limitations); 25 Pa. Code §
															272.322 (relating to eligible
								costs); and 25 Pa. Code §
															272.384 (relating to education
								grants).
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 D - GRANTS › PLANNING GRANTS › Section 272.322 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The grant
						  to a county under §
													272.321 (relating to scope of
						  grant) shall be 80% of the approved cost of the plans and studies.
(b) Costs not approved for a grant under
						  §
													272.321 include, but are not
						  limited to:
(1) Capital costs such as
						  equipment and construction.
(2)
						  Direct salaries.
(3) Costs incurred
						  in preparing a grant application.
(4) Indirect costs as defined in Office of
						  Management and Budget Circular A-87, as amended, entitled "Cost Principles for
						  State, Local and Indian Tribal Governments," 60 FR 266.484 (1995). This
						  circular is available from the Department upon request.
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 D - GRANTS › PLANNING GRANTS › Section 272.323 - Grant application

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall contain a detailed description
							 of the proposed project, the proposed duration of the project, source of the
							 fundings match for the project and an explanation of how the project will
							 further the purposes of the Municipal Waste Planning, Recycling and Waste
							 Reduction Act and the Small Business and Household Pollution Prevention Program
							 Act.
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 D - GRANTS › GRANTS FOR DEVELOPMENT AND IMPLEMENTATION OF MUNICIPAL RECYCLING PROGRAMS › Section 272.331 - Scope of grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will award grants for development and implementation of municipal
						  recycling programs, upon application from a municipality. The grant may be used
						  for one or more of the following:
(1) To
						  identify markets, develop a public education campaign, purchase collection and
						  storage equipment and do other things necessary to establish a municipal
						  recycling program.
(2) To purchase
						  collection equipment, but only to the extent needed for collection of
						  recyclable materials.
(3) To
						  purchase mechanical processing equipment, but only to the extent that the
						  equipment is not available to the program in the private
						  sector.