53 Pa. Stat. § 4000.902

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 4000.902 - Grants for development and implementation of municipal recycling programs
(a)Authorization.--The department shall award grants for development and implementation of municipal recycling programs, upon application from any municipality which meets the requirements of this section. The grant provided by this section may be used to identify markets, develop a public education campaign, purchase collection and storage equipment and do other things necessary to establish a municipal recycling program. The grant may be used to purchase collection equipment, only to the extent needed for collection of recyclable materials, and mechanical processing equipment, only to the extent that such equipment is not available to the program in the private sector. The application shall be made on a form prepared and furnished by the department. The application shall explain the structure and operation of the program and shall contain such other information as the department deems necessary to carry out the provisions and purposes of this act. The grant under this section to a municipality required by section 1501 to implement a recycling program shall be 90% of the approved cost of establishing a municipal recycling program. The grant under this section to a municipality not required by section 1501 to implement a recycling program shall be 90% of the approved cost of establishing a municipal recycling program. In addition to the grant under this section, a financially distressed municipality, as defined in section 203(f) of the act of July 10, 1987 (P.L. 246, No. 47), known as the Financially Distressed Municipalities Act, that is required by section 1501 to implement a recycling program shall be eligible for an additional grant equal to 10% of the approved cost of establishing a municipal recycling program.
(b)Prerequisites.--The department shall not award any grant under this section unless it is demonstrated to the department's satisfaction that:
(1) The application is complete and accurate.
(2) The recycling program for which the grant is sought does not duplicate any other recycling programs operating within the municipality.
(3) If the applicant is not required to implement a recycling program by section 1501, the application describes the collection system for the program, including:
(i) materials collected and persons affected;
(ii) contracts for the operation of the program;
(iii) markets or uses for collected materials, giving consideration to the results of the market development study required by section 508 if the results are available;
(iv) ordinances or other mechanisms that will be used to ensure that materials are collected;
(v) public information and education;
(vi) program economics, including avoided processing or disposal costs; and
(vii) other information deemed necessary by the department.
(4) If the municipality proposes to use some or all of the grant funds to purchase mechanical processing equipment, the equipment is not available to the program in the private sector. Before submitting the application to the department, the municipality shall publish in a newspaper of general circulation a notice describing in reasonable detail the equipment which the municipality proposes to purchase, or cause to be purchased, and the proposed uses of the equipment, and allow 30 days for written response from any interested persons. The application shall describe the responses received and shall explain why the municipality has concluded that such equipment is not available from the private sector.
(c)Municipal retroactive grants with restrictions.--The grant authorized by this section may be awarded to any municipality for eligible costs incurred for a municipal recycling program after 60 days prior to the effective date of this act. However, no grant may be authorized under this section for a municipal recycling program that has received a grant from the department under the act of July 20, 1974 (P.L. 572, No. 198), known as the Pennsylvania Solid Waste--Resource Recovery Development Act, except for costs that were not paid by such grant.
(d)Priority.--Each municipality, other than a county, which establishes and implements a mandatory source separation and collection program for recyclable materials shall be given the same priority with municipalities subject to the requirements of section 1501 for grants under this section.

53 P.S. § 4000.902

1988, July 28, P.L. 556, No. 101, § 902, effective in 90 days.