§ 272.231. Implementing documents.
(a) The plan shall include proposed ordinances, negotiated contracts or other requirements that will be used to implement the plan and that will be used to ensure sufficient available capacity to properly dispose or process municipal waste that is expected to be generated within the county for the next 10 years, including requirements that will be used to ensure the operation of facilities proposed in the plan. The ordinances, contracts or other requirements shall include:
(1) County ownership, operation or control of the facilities with the available capacity.
(2) Contracts between the county and one or more persons for the right to use the facilities with the available capacity.
(3) Third-party contracts for the right to use the facilities with the available capacity.
(4) Waste flow control ordinances or other legal instruments directing waste to a particular facility, if applicable.
(b) The ordinances, contracts or other requirements required by subsection (a) shall be in final form and ready for approval or signature without further significant modification. For each ordinance, contract or other requirement, the plan shall identify the areas of the county to be affected, the expected effective date and the implementing mechanism. As used in this section, ‘‘sufficient available capacity’’ includes facilities not in existence for which the county has binding commitments.
(c) The plan shall state if the county proposes to require, by means other than contracts, that municipal wastes generated within its boundaries be processed or disposed at a designated facility under section 303 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.303). The plan shall explain the basis for the proposal, giving consideration to alternative means of ensuring that waste generated within the county’s boundaries is processed or disposed of in an environmentally acceptable manner.
Source The provisions of this § 272.231 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Cross References This section cited in 25 Pa. Code § 271.201 (relating to criteria for permit issuance or denial); 25 Pa. Code § 272.204 (relating to format of plans); 25 Pa. Code § 272.244 (relating to Departmental review of plans); 25 Pa. Code § 272.245 (relating to submission of implementing documents); and 25 Pa. Code § 272.252 (relating to development of plan revisions).
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