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PA Bulletin, Doc. No. 17-536


Application Period for Municipal Recycling Program Performance Grant Applications under Act 101, Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988; Calendar Year 2016

[47 Pa.B. 1917]
[Saturday, April 1, 2017]

 The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P.S. § 4000.904). Municipalities include counties, cities, boroughs, incorporated towns, townships, home rule municipalities, their authorities, councils of governments, consortiums or similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A (relating to intergovernmental cooperation). This application period is for eligible materials recycled and marketed in calendar year 2016.

 Municipal Recycling Program Performance Grant (Performance Grant) funds will be awarded to municipalities based upon the weight of source-separated recyclable materials identified in section 1501(c)(1)(i) of Act 101 (53 P.S. § 4000.1501(c)(1)(i)) recovered by municipal recycling programs and the population of the municipality as determined by the most recent decennial census. Calendar year 2016 Performance Grants will be calculated based on the same formula utilized for the previous grant year.

 For residential tonnage, municipalities that market some or all of their own material are not subject to the 15% residue deduction for those materials. Marketed means that the materials were sold to a manufacturer for the purposes of converting the recyclables into new product. Compensation/rebates from a collector or processor do not count as the marketing of materials.

 Materials that go to a second-hand processor are subject to the 15% residue deduction—market receipts from that entity cannot be considered as market receipts for the municipality (the processor cannot pro-rate marketed materials to one or more municipalities).

 For commercial tonnage, materials that go directly from the generator to a market can be exempt from the 15% rate. Documentation must include a statement from the commercial entity or home office of the commercial entity that the materials are directly marketed without further processing. Any commercial materials that are sorted/processed after leaving the generator are subject to the 15% residue rate.

 If an application is claiming an overall residue rate of less than 15%, it must describe why and supply supporting documentation to justify the claim.

 Multi-municipal applications under the Act 101, Section 904 Recycling Performance Grant Program will only be accepted by the Department from the following:

 A. Council of governments, consortiums or other similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A.

 B. Two or more municipalities where the collection of recyclables has been accomplished either through a joint bid for services or a joint municipally-operated collection system (curbside or drop-off) accompanied by a joint recycling education program.

 Any application submitted jointly to the Department by two or more municipalities that does not meet one of the previously listed criteria will be held until the participating municipalities supply individual applications. Submittals from county governments are not considered multi-municipal applications and are therefore not subject to these criteria.

 Applicants who have failed to comply with the conditions set forth in previously awarded grants, the recycling program performance requirements contained in the act of November 9, 2006 (P.L. 1347, No. 140), of the grant requirements of Act 101 or the regulations of Act 101 may not be awarded funds under this grant program. Applicants must ensure that they are in compliance with 25 Pa. Code § 272.314(b)(2) (relating to limits on Department's authority to award grants) regarding the submittal of the annual recycling report.

 Eligible materials include post-consumer: clear glass; colored glass; aluminum cans; steel and bimetallic cans; high-grade office paper; newsprint; corrugated paper; other marketable grades of paper; and plastics. Grants will be awarded only for properly documented eligible materials that were actually marketed on or after January 1, 2016, to and including December 31, 2016. Applicants should only claim those tonnages for which they have documentation at the time they complete their application. Any residues, materials not listed as eligible, or any materials that cannot be documented as being generated within the municipality or marketed or recycled into new products or uses are not eligible for consideration toward the grant. In particular, recovered glass that is being stockpiled or used as daily cover at a landfill will not be considered as recycled. Applicants must be able to document the amount of residue attributable to their recycling program.

 Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Department will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided, or for haulers to be present with their customer lists, during a grant audit. Supporting documentation is not required to be submitted with the application. Any tonnages not properly documented at the time of an audit will not be credited towards the applicant's Performance Grant award. No additional/supplemental documentation will be accepted after the audit is completed. Failure to submit a complete and accurate application may result in a denial of the application.

 Grant applications must be on forms provided by the Department for calendar year 2015. Grant applications must be delivered by 4 p.m. on September 30, 2017, or postmarked on or before this date. Applications received by the Department after the deadline will be returned to the applicant. Grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 (53 P.S. §§ 4000.701 and 4000.702), and the availability of moneys in the Recycling Fund. Applications are available from the Department's web site at (Keyword: Recycling Grants).

 Inquiries concerning this notice should be directed to Mark Vottero, Bureau of Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 8472, Harrisburg, PA 17105-8472 or

Acting Secretary

[Pa.B. Doc. No. 17-536. Filed for public inspection March 31, 2017, 9:00 a.m.]

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