§ 5.904. Municipal waste facility impact review.

 (a)  The Department of Environmental Protection (Department) will review pending and future applications for municipal waste facility permits and permit modifications in accordance with the policy reforms required by this subchapter. No new municipal waste permit or application that would result in additional waste volumes or capacity will be further reviewed until the concerns of the host county and the affected host local municipalities have been addressed by the Department in accordance with applicable law. As part of this review, the Department will consult with the host county and host local municipalities affected by the permit application and review any host agreements entered into by the applicant to address the potential impact of the proposal upon the public health, safety and welfare prior to conducting any further reviews. The Department will ensure that:

   (1)  The maximum and average daily volumes of solid waste permitted or received at a facility do not cause or contribute to any violation of the solid waste, air quality or other environmental protection laws of the Commonwealth.

   (2)  The maximum and average daily volumes of solid waste permitted or received at a facility do not cause or contribute to any public nuisance from odors, noises, dust, truck traffic or other causes.

   (3)  The maximum or average daily volumes of solid waste permitted or received at a facility will not interfere with, or contradict, any provisions contained in any applicable county solid waste management plan.

   (4)  The operation of the facility will not violate the traffic safety laws of the Commonwealth or other laws administered by the Department of Transportation.

   (5)  Any permit issued contains all appropriate and necessary conditions to protect the public health, safety and welfare, and the environment of the Commonwealth and is issued in compliance with applicable laws.

 (b)  The requirements for permit application review in this subchapter do not apply to applications for additional types of waste, modification to operating conditions that do not affect capacity, to applications which provide for remediation of environmental problems or to permit renewals.