§ 272.244. Departmental review of plans.
(a) Within 30 days after receiving a complete plan revision, including a plan revision submitted under § 272.243(d) (relating to failure to ratify plan), the Department will approve, conditionally approve or disapprove it. If the Department gives written notice to the county that additional time is necessary to complete its review, the Department will have 30 additional days to render a decision. A nonsubstantial plan revision will be deemed approved within 30 days of receipt by the Department, unless the Department responds in writing.
(b) The Department will approve a county plan that demonstrates to the satisfaction of the Department that:
(1) The plan is complete and accurate and consistent with the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations thereunder.
(2) The plan provides for the maximum feasible development and implementation of waste reduction and recycling programs.
(3) The plan provides for the processing and disposal of municipal waste in a manner that is consistent with the requirements of the act, the Municipal Waste Planning, Recycling and Waste Reduction Act and regulations thereunder.
(4) The plan provides for the processing and disposal of municipal waste for at least 10 years.
(5) If the plan proposes that municipal waste generated within the county’s boundaries to be required, by means other than contracts, to be processed or disposed at a designated facility under § 272.231(c) (relating to implementing documents), the plan explains the basis for doing so.
(6) If the plan proposes that the county own or operate a municipal waste processing or disposal facility, the plan explains the basis for doing so.
(c) A plan approved by the Department will, at a minimum, ensure and contain the following conditions:
(1) The county shall implement the plan that was submitted to the Department in accordance with the provisions of the plan and conditions contained in a conditional approval.
(2) The county shall adhere to the schedule in the approved plan for planning, designing, siting, construction or operation of municipal waste processing or disposal facilities, and waste reduction or recycling facilities or programs.
(3) The county may not act in a manner contrary to the approved plan or otherwise fail to act in a manner consistent with the approved plan.
(d) The Department will publish notice of plan approval under this section in the Pennsylvania Bulletin.
Source The provisions of this § 272.244 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 (226119) to (226120).
Cross References This section cited in 25 Pa. Code § 272.251 (relating to submission of revisions).
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