Subchapter D. GRANTS
SCOPE Sec.
272.301. Scope.
GENERAL PROVISIONS FOR AWARDING GRANTS
272.311. Financial management.
272.312. Public notice of grant availability.
272.313. General requirements for grant applications.
272.314. Limits on Department’s authority to award grants.
272.315. Grant limitations.
272.316. Performance audit.
272.317. Grant review.
PLANNING GRANTS
272.321. Scope of grant.
272.322. Eligible costs.
272.323. Grant application.
GRANTS FOR DEVELOPMENT AND IMPLEMENTATION OF MUNICIPAL RECYCLING PROGRAMS
272.331. Scope of grant.
272.332. Eligible costs.
272.333. Grant application.
272.334. Departmental review.
GRANTS FOR COUNTY RECYCLING COORDINATORS
272.341. Scope of grant.
272.342. Eligible costs.
272.343. Grant application.
PERFORMANCE GRANTS FOR RECYCLING PROGRAMS
272.351. Scope of grant.
272.352. Eligible materials.
272.353. Grant application.
272.354. Departmental review.
GRANTS FOR HOST MUNICIPALITY INSPECTORS
272.361. Scope of grant.
272.362. Eligible costs.
272.363. Grant application.
272.364. Maintaining certification; inactive status; decertification; recertification.
REIMBURSEMENT GRANTS FOR CERTAIN PERMIT APPLICATIONS
272.371. Scope of grant.
272.372. Eligible costs.
272.373. Grant application.
GRANTS FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTION EVENTS
272.381. Scope of grant.
272.382. Eligible costs.
272.383. Grant application.
272.384. Education grants.
SCOPE
§ 272.301. Scope.
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.
Source The provisions of this § 272.301 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (272978).
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).
Source The provisions of this § 272.311 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226125).
§ 272.312. Public notice of grant availability.
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).
Source The provisions of this § 272.312 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 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 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.
Source The provisions of this § 272.313 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (272979).
§ 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 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.
(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 scope of grant; and scope of grant) unless a preapplication conference is held between the applicant and the Department prior to development of the grant application.
Source The provisions of this § 272.314 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (272979) to (272980).
§ 272.315. Grant limitations.
(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.
Source The provisions of this § 272.315 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (173770) to (173771).
§ 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.
Source The provisions of this § 272.316 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226128).
§ 272.317. Grant review.
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.
Source The provisions of this § 272.317 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (272981).
Cross References This section cited in 25 Pa. Code § 272.334 (relating to Departmental review); and 25 Pa. Code § 272.354 (relating to Departmental review).
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.
Source The provisions of this § 272.321 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226128) to (226129).
Cross References 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).
§ 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.
Source The provisions of this § 272.322 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226129).
§ 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.
Source The provisions of this § 272.323 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226129).
GRANTS FOR DEVELOPMENT AND
IMPLEMENTATION OF MUNICIPAL RECYCLING
PROGRAMS
§ 272.331. Scope of grant.
(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.
(b) This grant may be awarded to a municipality for eligible costs incurred for a municipal recycling program on or after August 27, 1988.
Source The provisions of this § 272.331 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References 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); and 25 Pa. Code § 272.427 (relating to exemption).
§ 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.
Source The provisions of this § 272.332 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226130) to (226131).
§ 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.
Source The provisions of this § 272.333 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226131) to (226132).
§ 272.334. Departmental review.
In addition to the limitations in § 272.317 (relating to grant review), the Department will not award a grant, in whole or in part, unless the applicant demonstrates the following to the Department’s satisfaction:
(1) The recycling program for which the grant is sought does not duplicate another recycling program operating within the municipality.
(2) The recycling program for which the grant is sought did not receive a grant from the Department under the Pennsylvania Solid Waste-Resource Recovery Act (35 P. S. § § 755.1—755.14), unless the application is for costs not paid by the grant.
Source The provisions of this § 272.334 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
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.
Source The provisions of this § 272.341 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226132).
§ 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.
Source The provisions of this § 272.342 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226133).
§ 272.343. Grant application.
The application shall contain a detailed explanation of the duties and activities of the county recycling coordinator. If the recycling coordinator has been active prior to the year for which the grant is sought, the application shall also explain the coordinator’s activities and achievements in the previous year.
Source The provisions of this § 272.343 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
PERFORMANCE GRANTS FOR RECYCLING PROGRAMS
§ 272.351. Scope of grant.
The Department will award annual performance grants for municipal recycling programs, upon application from a municipality. The grant shall be available to municipalities which had a recycling program on or after October 26, 1988, or initiated a program after that date. The municipality may use this grant in any lawful manner it believes appropriate.
Source The provisions of this § 272.351 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 272.352. Eligible materials.
The Department will award a grant to a municipality based on the type and weight of source-separated recyclable materials that were actually marketed in the previous calendar year, and the population of the municipality. Materials not approved for a grant include, but are not limited to, leaves and yard waste. Documentation that the materials were actually marketed is required to establish eligibility of the materials.
Source The provisions of this § 272.352 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 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.
Source The provisions of this § 272.353 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226134).
§ 272.354. Departmental review.
In addition to the requirements of § 272.317 (relating to grant review), the Department will not approve a grant application for materials unless the materials were actually marketed.
Source The provisions of this § 272.354 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
GRANTS FOR HOST MUNICIPALITY INSPECTORS
§ 272.361. Scope of grant.
The Department will award grants for certified host municipality inspectors, in accordance with § § 272.362 and 272.363 (relating to eligible costs; and grant application).
Source The provisions of this § 272.361 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
§ 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.
Source The provisions of this § 272.362 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial page (226135).
Cross References This section cited in 25 Pa. Code § 272.361 (relating to scope of grant).
§ 272.363. Grant application.
The application shall contain a detailed explanation of the duties and activities of the certified host municipality inspectors. If the inspector has been active prior to the year for which the grant is sought, the application shall also explain the inspector’s activities in the previous year.
Source The provisions of this § 272.363 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 272.361 (relating to scope of grant).
§ 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.
Source The provisions of this § 272.364 adopted December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685.
REIMBURSEMENT GRANTS FOR CERTAIN PERMIT APPLICATIONS
§ 272.371. Scope of grant.
The Department may award reimbursement grants to host municipalities for costs incurred for independent review of a permit application under the act for the following facilities:
(1) A new resource recovery facility or a proposal to expand the capacity of an existing resource recovery facility.
(2) A new municipal waste landfill or a proposal to expand the capacity of an existing municipal waste landfill.
Source The provisions of this § 272.371 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 272.312 (relating to public notice of grant availability); and 25 Pa. Code § 272.362 (relating to eligible costs).
§ 272.372. Eligible costs.
(a) The grant may not exceed $10,000 per application.
(b) Costs not approved for a grant include, but are not limited to:
(1) Costs incurred by a person who does not meet the following:
(i) The person shall be a professional engineer licensed in this Commonwealth.
(ii) The person shall have previous experience preparing permit applications under the act for resource recovery facilities or municipal waste landfills.
(2) Costs incurred prior to the date the Department has determined the application to be complete under § 271.202 (relating to completeness review).
(3) Costs incurred prior to September 26, 1988.
Source The provisions of this § 272.372 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 272.312 (relating to public notice of grant availability).
§ 272.373. Grant application.
(a) The application shall contain the following:
(1) A detailed explanation of the tasks performed in the review of the application.
(2) A description of the findings and recommendations of the review.
(3) A description of the qualifications of the person performing the review, including the person’s previous experience in preparing permit applications for resource recovery facilities or municipal waste landfills under the act, and also including a demonstration that the person performing the review is a licensed professional engineer in this Commonwealth.
(b) Where the facility is located within more than one host municipality, the municipalities involved shall designate a lead municipality to apply for the grant.
Source The provisions of this § 272.373 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 272.312 (relating to public notice of grant availability).
GRANTS FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTION EVENTS
§ 272.381. Scope of grant.
The Department will award grants for the establishment and operation of household hazardous waste collection events upon application of an eligible collection event sponsor. The grants may be awarded only to programs that have been registered with and approved by the Department under Subchapter F (relating to household hazardous waste collection, transportation and management).
Source The provisions of this § 272.381 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (272994).
Cross References This section cited in 25 Pa. Code § 272.315 (relating to grant limitations).
§ 272.382. Eligible costs.
(a) Eligible costs incurred by the sponsor for a household hazardous waste collection event include the following:
(1) Labor costs, including wages, salaries, costs for Social Security, Workers’ Compensation and Unemployment Compensation.
(2) Travel and related costs associated with attending training courses and related meetings, if reimbursement is approved in advance of the training course or meeting by the Department.
(3) Legal fees for preparing and reviewing collection contractor proposals and contracts in the development stage.
(4) Facility siting studies.
(5) Printing and distribution of public education material.
(6) Collection contractor mobilization fees and waste management fees for collected materials.
(7) Onsite sanitary facilities.
(b) A household hazardous waste collection event grant shall be limited to the lowest of the following:
(1) Fifty percent of the eligible costs incurred by the sponsor in establishing and operating a collection event.
(2) Eligible costs incurred in establishing and operating a collection event, less fees collected by the sponsor under § 272.533 (relating to fees).
(3) One hundred thousand dollars.
Source The provisions of this § 272.382 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial page (272994).
§ 272.383. Grant application.
(a) A grant applicant shall submit its application on a form provided by the Department. An application shall be accompanied by appropriate supporting documentation.
(b) A grant applicant shall ascertain that a record of operations has been sent to the Department prior to or with the grant application.
Source The provisions of this § 272.383 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547. Immediately preceding text appears at serial pages (272994) to (272995).
§ 272.384. Education grants.
A county may apply for a household hazardous waste education program grant under § 272.321 (relating to scope of grant).
Source The provisions of this § 272.384 adopted October 5, 2001, effective October 6, 2001, 31 Pa.B. 5547.
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