Current through Register Vol. 54, No. 25, June 22, 2024
Section 273.138 - Plan for protection of capacity(a)Required information.(1) Except as provided in paragraph (2), if the application is for one of the following, the application shall contain the information required by this section:(i) A new municipal waste landfill.(ii) Additional capacity for a municipal waste landfill.(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 or disposal at a municipal waste landfill.(2) This section does not apply to an application for a facility to be used solely for the disposal of ash residue from municipal waste incinerators who provided documentation in the application that, prior to July 28, 1988, it agreed to provide disposal capacity to municipalities located in the host county. A copy of the contract or other written agreement shall be included.(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 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 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.The provisions of this § 273.138 adopted October 9, 1992, effective 10/10/1992, 22 Pa.B. 5105. This section cited in 25 Pa. Code § 273.222 (relating to protection of capacity).