§ 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.
(2) The remaining available permitted capacity of the facilities.
(3) The capacity which could be made available through the reasonable expansion of the facilities.
(4) The recycling capabilities of the facilities.
(b) The plan shall also explain:
(1) The extent to which existing facilities will be used for county waste during the life of the plan.
(2) How the plan will not substantially impair the use of the remaining permitted capacity of the facilities, or of the capacity which could be made available through the reasonable expansion of the facilities. Substantial impairment occurs if a county ceases to use a facility that is currently receiving municipal waste generated in the county, and the county also interferes with, or attempts to interfere with, the facility’s efforts to find other municipal waste customers. Measures directing municipality waste to a different facility do not constitute interference with the existing facility’s efforts to find other customers.
(c) The plan shall give consideration to the potential expansion of existing facilities located in the county.
(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.
Source The provisions of this § 272.224 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 (226107) to (226109).
Cross References This section cited in 25 Pa. Code § 272.204 (relating to format of plan); and 25 Pa. Code § 272.252 (relating to development of plan revisions).
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