Subchapter C. HOST MUNICIPALITY FUND ALLOCATION
ELIGIBILITY Sec.
269a.201. Eligibility.
COMPLIANCE
269a.211. Compliance with the Pennsylvania Hazardous Waste Facilities Plan.
ALLOCATION
269a.221. Allocation of the Fund.
DISTRIBUTION
269a.231. Distribution of payments.
ELIGIBILITY
§ 269a.201. Eligibility.
A host municipality is eligible for a one time distribution from the Fund, under section 305 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.305), for each qualifying facility, located in whole or in part, within its corporate boundary.
Cross References This section cited in 25 Pa. Code § 269a.211 (relating to compliance with the Pennsylvania Hazardous Waste Facilities Plan).
COMPLIANCE
§ 269a.211. Compliance with the Pennsylvania Hazardous Waste Facilities Plan.
A host municipality will only receive a one time payment under § 269a.201 (relating to eligibility) for a commercial hazardous waste treatment or disposal facility, or portion thereof, that is identified as being needed by the Pennsylvania Hazardous Waste Facilities Plan.
Cross References This section cited in 25 Pa. Code § 269a.211 (relating to compliance with the Pennsylvania Hazardous Waste Facilities Plan).
ALLOCATION
§ 269a.221. Allocation of the Fund.
(a) The Department will identify qualifying facilities at the end of each calendar year. A municipality will become eligible for payment in the first calendar year that a qualifying facility is permitted and operating. Host municipalities are not required to submit an application or request to be eligible.
(b) A host municipality shall be eligible for a one time payment from the Fund if a qualifying facility is identified by the Department in whole, or in part, within the host municipality’s corporate boundaries, and moneys remain in the Fund after requests for reimbursement under section 305(d)(1) of the act (35 P. S. § 6020.305(d)(1)) have been satisfied for the calendar year.
(c) When only one qualifying facility is identified, the host municipality shall receive the balance of the fund for that year, subject to subsection (b).
(d) When more than one qualifying facility is identified, the Department will allocate the available moneys using the following criteria:
(1) The toxicity, mobility and other characteristics of the hazardous waste.
(2) The proximity of the facility to persons or natural resources which would be endangered by the escape of the hazardous waste from the facility.
(3) The total weight or volume of hazardous waste, whichever the Department determines is most readily calculated and most appropriate, treated or disposed of annually at the facility shall be calculated as a percentage of the total amount of hazardous waste treated or disposed of annually within this Commonwealth.
(4) The total weight or volume of hazardous waste, whichever the Department determines is most readily calculated and most appropriate, generated in this Commonwealth, shall be calculated as a percentage of the hazardous waste treated or disposed of annually at the facility.
(5) The Department may require executed contracts or the facility’s first year of manifest data from the owner or operator to determine the information required by this section.
(6) If the total facility is not designated as needed by the Pennsylvania Hazardous Waste Facilities Plan, the percentage of the facility meeting the needs of the Pennsylvania Hazardous Waste Facilities Plan will be estimated by the Department.
(7) Numerical values shall be derived based on the factors in paragraphs (1)—(4). Those values shall be added together to obtain a score for each qualifying facility.
(8) The scores will then be compared and a pro rata share of the available Fund moneys will be allocated to each host municipality based on these scores.
(9) If a qualifying facility is located in more than one host municipality, the allocation for that facility shall be distributed among the municipalities based on the percentage of the permitted facility within each municipality.
Source The provisions of this § 269a.221 amended September 7, 2001, effective September 8, 2001, 31 Pa.B. 5075. Immediately preceding text appears at serial pages (255033) to (255034).
Cross References This section cited in 25 Pa. Code § 269a.231 (relating to distribution of payments).
DISTRIBUTION
§ 269a.231. Distribution of payments.
The Department may require up to 1 year’s operating data from a qualifying facility to determine the allocation for that facility. Allocation payments from the Fund will not be disbursed until the eligible reimbursements under section 305(d)(1) of the Hazardous Sites Cleanup Act (35 P. S. § 6020.305(d)(1)) have been made or funds encumbered for payment, and the Department has sufficient data to make the determinations required by § 269a.221 (relating to allocation of the Fund). The Department will make the determinations and either disburse or encumber the remaining moneys in accordance with current fiscal policy to assure payment within 1 year of determination of eligibility of the host municipality.
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