§ 272.242. Adoption and ratification of the plan.
(a) After the end of the comment period specified in § 272.241 (relating to public notice of plan availability), the county shall make appropriate revisions to the plan and shall prepare a document containing written responses to comments made during the comment period. The plan submitted to the governing body of the county shall include the response document.
(b) The governing body of the county shall adopt the plan within 60 days after the end of the public comment period under § 272.241.
(c) Within 10 days following adoption of the plan by the governing body of the county, the plan shall be sent to municipalities within the county for ratification.
(1) If a municipality does not act on the plan within 90 days of its submission to each municipality, it shall be deemed to have ratified the plan.
(2) If more than one-half of the municipalities, representing more than one-half of the county’s population as determined by the most recent decennial census by the United States Bureau of the Census, ratify the plan, the county, within 10 days of ratification, shall submit the plan to the Department for approval. A municipality ratifying a plan shall immediately transmit a copy of its resolution of ratification to the county and the advisory committee.
(d) A municipality may not decline to ratify a proposed county plan unless the municipality’s resolution of disapproval contains a concise statement of its objections to the plan. A resolution of disapproval that does not contain a concise statement of objections shall be considered a ratification. A municipality declining to ratify a plan shall immediately transmit a copy of its resolution of disapproval to the county and the advisory committee. A conditional approval shall be considered a disapproval.
Source The provisions of this § 272.242 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
Notes of Decisions Information
A county municipal waste plan must identify and describe the following: facilities where the county’s municipal waste is currently being disposed or processed as well as facilities located within the county whether the waste is currently being disposed of there or not. A county may consider a proposed or operating municipal waste processing or disposal facility that is not required by § 272.224(a) to be described in developing its plan under this subchapter. Tinicum Township v. Department of Environmental Protection, 1996 EHB 816.
Cross References This section cited in 25 Pa. Code § 272.243 (relating to failure to ratify plan); and 25 Pa. Code § 272.252 (relating to development of plan revisions).
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