[30 Pa.B. 6685]
[Continued from previous Web Page]
Subchapter C. MUNICIPAL WASTE PLANNING
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.
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.
§ 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), infectious 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 infectious 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.
§ 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.
* * * * * (4) The recycling capabilities of the facilities.
* * * * * (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.
§ 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.
§ 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.
§ 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).
§ 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.
§ 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.
PLAN REVIEW PROCEDURES § 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.
§ 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.
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.
§ 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.
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.
Suchapter D. GRANTS
GENERAL PROVISIONS FOR AWARDING GRANTS § 272.311. Financial management.
(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).
§ 272.313. General requirements for grant applications.
(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.
(b) A grant application shall be submitted by a municipality. 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 planning grants; and grants for development and implementation of municipal recycling programs), the applicant shall participate in a preapplication conference with the Department.
§ 272.314. Limits on Department's authority to award grants.
(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 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) The applicant has not previously been reimbursed under the Municipal Waste Planning, Recycling and Waste Reduction Act for the expenses requested.
(c) Activities reimbursed under one grant program under the Municipal Waste Planning, Recycling and Waste Reduction Act will not be eligible as a match under any other grant program under that act.
(d) The Department may withhold funds for grants under this subchapter if any of the following occurs:
(1) The application has failed to provide material information concerning the grant, or has provided false information concerning the grant.
(2) Equipment purchased with previous grant funds has not been utilized in compliance with program requirements.
(3) The grantee has not met the requirements of § 272.421 (relating to program elements).
(4) The grantee maintains improper or inadequate documentation to demonstrate proper grant expenditures in administering any grant under the Municipal Waste Planning, Recycling and Waste Reduction Act.
(e) A grant offering by the Department under this subchapter will lapse if the funds offered are not encumbered within 1 year of the date of offering or if the grantee or the Department determines that the grant funds will not be utilized. The funds lapsed will then be available to applicants in subsequent offerings.
(f) The Department may not award a grant under § 272.321 or § 272.331 (relating to planning grants; and grants for development and implementation of municipal recycling programs) unless a preapplication conference is held between the applicant and the Department prior to development of the grant application.
§ 272.316. Performance audit.
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.
PLANNING GRANTS § 272.321. Scope of grant.
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.
§ 272.322. Eligible costs.
(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.
§ 272.323. Grant application.
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.
GRANTS FOR DEVELOPMENT AND IMPLEMENTATION OF MUNICIPAL RECYCLING PROGRAMS § 272.332. Eligible costs.
(a) The grant shall be 90% of the approved cost of establishing a municipal recycling program. If the municipality is a financially distressed municipality under section 203(f) of the Financially Distressed Municipalities Act (53 P. S. § 11701.203(f)), that is required to establish a municipal recycling program under section 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1501), the grant under this section shall be 100% of the approved cost of establishing a municipal recycling program.
(b) Costs not approved for a grant include, but are not limited to:
(1) Operating and maintenance costs for a municipal recycling program.
(2) Costs incurred in preparing a grant application.
(3) Direct salaries.
(c) The grant may be used to pay for transportation equipment. If the equipment will not be used full time for the program, the application shall prorate the cost of the equipment according to the percentage of time that the equipment will be dedicated to the recycling program. If the application is approved, the equipment shall be used for the purposes outlined in the grant for the life of the equipment.
(d) Equipment purchased with funds from a grant may be owned by a municipal authority or organization of municipal governments, if requested in writing by the grantee. Equipment may be used by, or leased to, another municipality, a not-for-profit agency, an organization of municipal governments or a municipal authority.
(e) Equipment or property purchased with funds from a grant shall be used exclusively for its intended purpose for its useful life. Useful life shall be considered the period of time a particular item is able to function as intended, with the aid of proper maintenance and repairs.
(f) Equipment and property purchased with funds from a grant and with a purchase price of $1,000 or greater shall be clearly identified by the grantee, through a sign or lettering permanently affixed to the equipment or property, as being funded by a Department of Environmental Protection Act 101 section 902 recycling grant.
(g) If equipment or property purchased with funds from a grant is no longer used for the intended purposes under the grant, the grantee shall notify the Department in writing. The Department shall be reimbursed for the value of the equipment or property in the same proportion that funding for the equipment or property was originally granted, unless the equipment or property is sold to another municipality for waste reduction or recycling purposes. The reimbursement shall be based either on the sale price of the equipment or property if applicable or its depreciated market value. Upon approval of the Department, equipment may be traded in for or toward the cost of recycling equipment. The sale price of equipment or property sold to another municipality cannot exceed the dollar amount the municipality paid as match for the original grant.
§ 272.333. Grant application.
(a) The application shall contain a detailed explanation of the structure and operation of the program, the proposed duration of the program, the source of the funding match for the program and an explanation of how the program will further the purposes of the Municipal Waste Planning, Recycling and Waste Reduction Act.
(b) The application shall describe the collection system for the program, including:
(1) Material collected and persons affected.
(2) Contracts for the operation of the program.
(3) Markets or uses for collected materials, giving consideration to the results of the market development study required by section 508 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.508).
(4) Ordinances or other mechanisms that will be used to ensure that materials are collected.
(5) Public information and education.
(6) Program economics, including processing or disposal cost which were avoided.
(7) Other information deemed necessary by the Department.
(c) If the municipality proposes to use some or all of the grant funds to purchase mechanical processing equipment, the application shall also contain the following:
(1) A dated copy of a public notice that was published once a week for 2 consecutive weeks in a newspaper of general circulation in the municipality. The notice shall:
(i) State that funding is being sought from the Commonwealth's recycling fund, under the Municipal Waste Planning, Recycling and Waste Reduction Act, to assist with the purchase of the mechanical processing equipment.
(ii) Describe in reasonable detail the equipment the municipality proposes to purchase or cause to be purchased.
(iii) Describe the intended uses of the equipment.
(iv) State that interested persons may submit comments to the municipality within 30 days of publication of the notice.
(v) Be in the form of a display advertisement, legal notice or public notice.
(2) A description of responses to the notice.
(3) An explanation of why the municipality has concluded the equipment is not available from the private sector.
GRANTS FOR COUNTY RECYCLING COORDINATORS § 272.341. Scope of grant.
The Department will award grants for authorized salary and expenses for county recycling coordinators, upon application from a county. The activities for which a grant may be used include:
(1) Assisting the county in developing and implementing the waste reduction, recycling, leaf and yard waste, and household hazardous waste components of its solid waste management plan.
(2) Identifying and encouraging opportunities for intermunicipal cooperation and cooperative efforts with other organizations to further waste reduction, recycling, leaf and yard waste composting, and household hazardous waste programs.
(3) Providing technical assistance to municipalities on developing and implementing waste reduction, recycling, leaf and yard waste composting, and household hazardous waste programs.
(4) Developing educational programs and materials on waste reduction, recycling, leaf and yard waste composting, household hazardous waste programs and litter control.
(5) Serving as a contact for waste reduction, recycling, leaf and yard waste composting, and household hazardous waste program questions from within the county.
(6) Participating in, and coordinating when appropriate, waste reduction, recycling, leaf and yard waste composting, and household hazardous waste meetings, training programs, workshops and conferences.
(7) Speaking to schools and community, business and government organizations about waste reduction, recycling, leaf and yard waste composting, and household hazardous waste programs.
(8) Assisting municipalities in identifying recyclable materials capable of being marketed and locating markets.
(9) Assisting municipalities with developing and coordinating leaf and yard waste collection and composting programs and identifying markets for compost.
(10) Assisting municipalities in preparing recycling and household hazardous waste program grant applications.
(11) Collecting data on municipal recycling programs within the county and on commercial, institutional and municipal establishment recycling, and recycling at community activities and reporting the data annually to the Department on or before April 1.
(12) Identifying sources of recyclable products and products made of recycled materials and encouraging the use of those items to support county and municipal recycling programs.
(13) Developing recycling programs for special materials such as automotive waste oil, tires, household hazardous waste, white goods, batteries, electronic equipment, computers and devices that contain cathode ray tubes such as televisions and computer monitors.
(14) Administration and management of county recycling programs.
(15) Assessing the implementation of recycling programs within the county.
§ 272.342. Eligible costs.
(a) The grant shall be 50% of the approved cost of the recycling coordinator's salary and expenses.
(b) Costs not approved for a grant include, but are not limited to:
(1) Activities and expenses incurred by the recycling coordinator that are not related to recycling.
(2) Office equipment and office maintenance.
(3) Office supplies, duplicating and postage.
(4) Permit application processing activities, including consulting fees for technical consultation on specific permits.
(5) Clothing allowances.
PERFORMANCE GRANTS FOR RECYCLING PROGRAMS § 272.353. Grant application.
(a) The application shall contain a description of the weight of each material recycled and marketed. The weight shall be reduced for any residue materials.
(b) The application shall be supported by documentation which includes weigh slips or receipts verifying the materials claimed as recycled and marketed and:
(1) The supporting documentation shall be retained by the applicant for 4 years from the end date of the year the materials were recycled and marketed.
(2) The supporting documentation shall be made available to the Department, the Office of Attorney General, the Office of the Treasurer or the agents of those offices.
(c) If the application involves a recycling operation that serves more than one municipality, the application shall describe the total weight and type of materials collected by the operation, and the applicant's contribution.
GRANTS FOR HOST MUNICIPALITY INSPECTORS § 272.362. Eligible costs.
(a) The grant shall be 50% of the approved cost of the salaries and expenses of up to two certified host municipality inspectors.
(b) Costs not approved for a grant include, but are not limited to:
(1) Activities and expenses incurred by the inspectors that are not related to inspection of resource recovery facilities or municipal waste landfills located in the municipality.
(2) Administrative, management or clerical activities.
(3) Office equipment and office maintenance.
(4) Office supplies, duplicating and postage.
(5) Clothing allowances.
(6) Costs covered under the grant provided by § 272.371 (relating to scope of grant).
(7) Costs incurred by the municipality or the inspector prior to certification or after decertification of the inspector by the Department or while the inspector is on inactive status.
§ 272.364. Maintaining certification; inactive status; decertification; recertification.
(a) Maintaining certification.
(1) To maintain certification, a host municipality inspector shall:
(i) Complete a Department-sponsored advanced training course once every 3 years and perform satisfactorily on the written examination.
(ii) Conduct at least one inspection per calendar year. The Department will rely on written confirmation of the inspection, by the host municipality, as evidence that the inspection occurred timely.
(2) Failure to satisfy paragraph (1)(i) or (ii) will automatically result in inactive status for the host municipality inspector, beginning July 1 of the year following the failure, unless the inspector takes the Department sponsored advance training course and performs satisfactorily on the written examination by July 1 of the year following the failure.
(3) A host municipality inspector whose status is ''inactive'' will be subject to the prohibitions of subsection (b).
(b) Inactive status.
(1) A host municipality inspector whose status is ''inactive'' under subsection (a) may not conduct activities of a certified host municipality inspector during the term of the inactive status. The prohibited activities include:
(i) Entering the waste facility property as a host municipality inspector.
(ii) Inspecting the waste facility records.
(iii) Taking samples at the waste facility.
(iv) Conducting inspections at the waste facility.
(v) Issuing an order at or to the waste facility under section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1102).
(2) The Department will not pay the host municipality's cost of employing a certified host municipality inspector incurred during any period of time during which the inspector's status is ''inactive,'' except as provided in paragraph (3).
(3) A host municipality inspector whose status is ''inactive'' may revert to ''active'' status by completing the Department sponsored advanced training course and performing satisfactorily on the written examination. The Department will reimburse the host municipality for the cost of taking the training and examination in accordance with section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act if the inspector performs satisfactorily on the written examination.
(c) Decertification. Acts of a host municipality inspector which may be grounds for decertification include:
(1) Knowingly violating a provision of the Municipal Waste Planning, Recycling and Waste Reduction Act, this title, or an order of the Department or its agent.
(2) Endangering in the course of the inspector's duties the health or safety of a resident of the host municipality, or of an owner, employe, customer or visitor of a municipal waste landfill or resource recovery facility.
(3) Knowingly distributing, to any person other than an employe of the Department, the Environmental Protection Agency, the office of Pennsylvania's Attorney General or the United States Department of Justice, business information of a municipal waste landfill or resource recovery facility deemed confidential by the Department under section 1713 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1713) without prior written approval of the owner or chief operating manager of the facility.
(4) Knowingly submitting false information to the Department or its agent.
(5) Knowingly exceeding the scope of authority granted to a host municipality inspector under section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act.
(d) Notification upon decertification. Upon decertification, the Department will notify in writing the host municipality inspector, the host municipality and the affected municipal waste landfill or resource recovery facility of the following:
(1) The name of the decertified inspector and the related host municipality.
(2) The effective date of the decertification.
(3) Whether the inspector will be eligible for recertification. In deciding whether a decertified inspector will be eligible for recertification, the Department will consider the nature and gravity of the misconduct which resulted in the decertification.
(4) The reason for the decertification.
(e) Recertification. A decertified host municipality inspector is not eligible to serve as a host municipality inspector for any municipality for 2 years from the date of the Department's notification of decertification. To become recertified, an eligible decertified host municipality inspector shall comply with section 1102 of the Municipal Waste Planning, Recycling and Waste Reduction Act.
Subchapter E. MUNICIPAL RECYCLING PROGRAMS
REQUIRED RECYCLING PROGRAMS § 272.411. Affected municipalities.
(a) By September 26, 1990, a municipality other than a county that has a population of 10,000 or more shall establish and implement a source separation and collection program for recyclable materials in accordance with this subchapter.
(b) By September 26, 1991, a municipality other than a county that has a population of more than 5,000 but less than 10,000 and which has a population density of more than 300 per square mile, shall establish and implement a source separation and collection program for recyclable materials in accordance with this subchapter.
(c) For purposes of this section, population shall be determined by the most recent decennial census by the Bureau of the Census of the United States Department of Commerce.
(d) The results of the 2000 census, or a subsequent decennial census, shall affect a municipality's obligation to establish and implement a recycling program under this subchapter only as follows:
(1) A municipality that meets requirements of subsection (a) or (b) but which was not required by the previous decennial census to conduct a recycling program, shall establish and implement a source separation and collection program in accordance with this subchapter within 2 years after the census data becomes official.
(2) A municipality that no longer meets the requirements of subsection (a) or (b) based on the most recent decennial census, but which was required by the previous decennial census to conduct a recycling program, may discontinue the program.
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