Subchapter HH. MUNICIPAL WASTE REDUCTION
AND PLANNING PROGRAM
AND PLANNING PROGRAM
Sec.
7.471. Interim moratorium.
7.472. Waste volume limitations.
7.473. Development of the Plan.
7.474. Designated State agency.
7.475. Implementation of this subchapter.
7.476. Development of legislation.
The provisions of this Subchapter HH adopted by Executive Order No. 1989-8, dated October 17, 1989, effective October 17, 1989, 19 Pa.B. 4598, unless otherwise noted.
An Executive Order which grants rulemaking authority to an agency under the Governor is invalid since the Governor does not have the Constitutional or statutory authority to issue an Executive Order which conflicts with statutes which regulate the disposal of solid waste. National Solid Wastes Management Association v. Casey, 600 A.2d 260 (Pa. Cmwlth. 1991); affirmed 619 A.2d 1063 (Pa. 1993).
(a) Until the Department of Environmental Protection (Department) has adopted the Pennsylvania Municipal Waste Management Plan under this subchapter, the Department is directed to immediately cease reviewing applications or issuing new permits for new municipal waste landfills and new resource recovery facilities, under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), unless the application is for one of the following:
(1) A new municipal waste landfill or new resource recovery facility for processing or disposing of municipal and residual waste, if the applicant demonstrates a need for additional capacity and shows that at least 70% of the municipal waste proposed to be received at the facility is generated in this Commonwealth and accepted pursuant to county implementing documents specified in section 513(b) of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.513(b)), or other documents the Department deems acceptable.
(2) An existing permitted municipal waste landfill facility applying for an expansion of capacity for the disposal of municipal and residual waste, if the applicant demonstrates a need for additional capacity and shows that at least 70% of the municipal waste proposed to be received at the facility is generated in this Commonwealth and accepted pursuant to county implementing documents specified in section 513(b) of the Municipal Waste Planning, Recycling and Waste Reduction Act or other documents the Department deems acceptable.
(b) The Department will not issue new permit modifications for disposal of sewage sludge at a municipal waste landfill unless the permit modification is necessary for compliance with an order issued by the Department.§ 7.471. Interim moratorium.
This section cited in 4 Pa. Code § 7.472 (relating to waste volume limitations).
(a) The Department of Environmental Resources (Department) will immediately establish maximum and average waste volume limits for each operating municipal waste landfill, based on the actual daily volume disposed at the landfill and reported to the Department for days the facility was in operation during the period of October 26, 1988—June 30, 1989. The actual average daily volume will be determined by the Department.
(b) Upon petition by the operator, the Department may also allow additional waste volume amounts necessary for signed and binding contracts entered into by existing permitted facilities prior to October 17, 1989. To qualify under this subsection, the contracts also shall by their express terms call for performance during the period of time during which this moratorium shall operate.
(c) Additional increases in waste volume limitations may be allowed by the Department, so long as the additional proposed waste streams are consistent with § 7.471 (relating to interim moratorium).
(d) Other increases in waste volume limitations may be allowed by the Department under emergency circumstances if the Department deems it necessary to protect the public health and safety of the citizens of this Commonwealth.
(e) The Department will order that permits that allow the disposal of sewage sludge at a municipal waste landfill be immediately modified to limit disposal to the average volume currently being accepted, unless additional volume amounts are necessary for compliance with an order issued by the Department. Upon petition by the operator, the Department may also allow additional waste volume amounts necessary for signed and binding contracts entered into by existing permitted facilities prior to October 17, 1989. To qualify under this subsection, the contracts also shall by their express terms call for performance during the period of time during which this moratorium shall operate.
(a) Preparation of Plan. The Department of Environmental Resources shall prepare, adopt and periodically revise a Pennsylvania Municipal Waste Management Plan (Plan) under this subchapter and section 104(3) of the Solid Waste Management Act (35 P. S. § 6018.104(3)). The Plan will incorporate and assess the information required in county plans adopted under the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904). The Department will develop a proposed Plan by September 26, 1991.
(b) Waste generation. The Plan will contain information and planning concerning the generation, management, processing and disposal of municipal waste in this Commonwealth for a period of 10 years from the development of the Plan which will include the following, at a minimum:
(1) The Plan will identify regional areas of the Commonwealth and assess the estimated volume and waste characterization for municipal waste generated in each region.
(2) The Plan will contain information and planning concerning the effect of residual waste disposal on municipal waste management within each region of this Commonwealth. These effects shall include the environmental and economic effects of residual waste disposal at municipal waste facilities, in addition to the effects of residual waste disposal on capacity planning.
(3) The Plan will assess the annual impact of demographic changes and municipal waste recycling, beneficial use and waste reduction on the need for processing and disposal capacity for municipal waste generated in each region of this Commonwealth, and a fair share of processing and disposal capacity for waste generated outside of this Commonwealth.
(c) Waste volume planning. The Plan will summarize the present volume of municipal waste from each county and region that is being processed or disposed at permitted facilities. The Plan will assess the projected municipal waste flow provided for in county plans approved by the Department for each region and for each permitted facility.
(d) Capacity planning. The Plan will assess the annual need for processing and disposal capacity for municipal waste generated in this Commonwealth by region. The Plan will include an assessment of existing permitted municipal waste processing and disposal capacity in this Commonwealth and estimate the maximum future lifespan of the facilities. The Plan will estimate a fair share of processing and disposal capacity allowed for waste generated outside of this Commonwealth. To the greatest extent feasible, the Plan will reduce the burden of municipal waste disposal on the environment by planning to reduce the need for new municipal waste disposal facilities.
(e) Waste management hierarchy. The Plan will designate and implement a waste management hierarchy for each type of material in the municipal waste stream. To the greatest extent feasible, the preference order in the hierarchy will be waste reduction, then reuse, recycling, beneficial use and energy recovery in lieu of incineration or disposal of waste.
The Department of Environmental Resources (Department) is designated as the lead agency to develop, adopt and implement a Statewide municipal waste management plan. The Department will work in cooperation with local governments, the Department of Community Affairs and the Department of Commerce. Emphasis will be given to regional planning. The Department will implement the interim moratorium and waste volume limitations specified in this subchapter.
The Department of Environmental Resources will implement this subchapter with orders, permit actions, regulations and policies as may be necessary to execute this subchapter as expeditiously as possible.
The Department of Environmental Resources (Department) will develop proposed comprehensive legislation on the implementation of Statewide municipal waste planning through the permitting process, including natural resource protection and assessment of the Commonwealth’s capacity needs and a fair share of other states’ capacity needs. This proposed legislation will also require the Department to perform a thorough background investigation of solid waste permit applicants, provide the necessary investigative tools and authorize permitting decisions based upon lack of fitness to operate a disposal facility.
§ 7.472. Waste volume limitations.
§ 7.473. Development of the Plan.
§ 7.474. Designated State agency.
§ 7.475. Implementation of this subchapter.
§ 7.476. Development of legislation.
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