§ 283.111. Plan for protection of capacity.
(a) Application information.
(1) Except as provided in paragraph (2), an application for one of the following resource recovery facilities shall contain the information required by this section:
(i) A new resource recovery facility.
(ii) Additional capacity for a resource recovery facility.
(iii) A permit modification that would result in an increase in the average or maximum daily volume of waste that may be received for processing at a resource recovery facility.
(2) This section does not apply to an applicant for a resource recovery facility financed by the host municipality or municipal authority. A copy of the relevant documents shall be included with the application if this exemption is sought.
(b) Additional requirements. If the application meets the criteria in subsection (a), the application shall:
(1) Include a statement that the applicant notified the host county and host municipality in writing of its ability to negotiate for protection of capacity under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.1111). A copy of the notification letters shall be included.
(2) For the host municipalities:
(i) Identify the host municipalities.
(ii) Describe the weight or volume of municipal waste generated within the host municipality that will be delivered to the proposed facility, and the period over which the waste will be delivered.
(iii) Describe the rates, terms or conditions of the agreement or arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.
(iv) Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached, if there is no agreement or arbitration award between the host municipality and the applicant.
(3) For the host counties:
(i) Identify the host counties.
(ii) Describe the weight or volume of municipal waste generated within the host county that will be delivered to the proposed facility, and the period of time over which the waste will be delivered.
(iii) Describe the rates, terms or conditions of the agreement or arbitration award allowing the waste to be delivered. In lieu of a description, a copy of the agreement or arbitration award may be attached.
(iv) Include a detailed description of the current status of negotiations under section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act, including a projected date by which an agreement or arbitration award will be reached if there is no agreement or arbitration award between the host county and the applicant.
Source The provisions of this § 283.111 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 283.222 (relating to protection of capacity); and 25 Pa. Code § 284.310 (relating to application requirements).
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