Current through Register Vol. 54, No.43, October 26, 2024
Section 272.227 - Selection and justification of municipal waste management program(a) The selection and justification of the municipal waste management program, as required by this section, is the most important part of the plan. The plan shall explain in detail how alternatives were identified and evaluated, the advantages and disadvantages of each alternative and how each facility or program was selected. The plan shall explain in detail the role of the advisory committee in this process.(b) The plan shall describe the type, mix, size, expected cost and proposed methods of financing the facilities, recycling programs or waste reduction programs that are proposed for the processing and disposal of the municipal waste or source separated recyclable materials that will be generated within the county's boundaries during the next 10 years.(c) For every proposed facility, recycling program or waste reduction program, the plan shall: (1) Explain in detail the reason for selecting the facility or program.(2) Describe alternative facilities or programs, including, but not limited to, waste reduction, recycling or resource recovery facilities, municipal waste landfills, or other programs, that were considered. The plan shall provide reasonable assurances that the county utilized a fair, open and competitive process for selecting the facilities or programs from among alternatives which were suggested to the county. Nothing in this section requires the county to utilize a request for proposals or a bidding process to identify or select alternatives, nor does it require a county to select the alternative with the lowest cost.(3) Evaluate the environmental, energy, life cycle cost and costs of transportation to each facility considered, and the economic advantages and disadvantages of the proposed facility or program as well as the alternatives considered.(4) Show that adequate provision for existing and reasonably anticipated future recycling has been made in designing the size of a proposed facility. The plan shall explain whether put-or-pay contracts will be used to guarantee waste to a particular facility. If put-or-pay contracts are proposed, the plan shall explain in detail how use of the contracts will not interfere with or inhibit recycling in the county.(5) Set forth a time schedule and program, by month and year, for planning, design, siting, construction and operation of each proposed facility or program.(d) A landfill or resource recovery facility selected by a county for capacity assurance shall be considered"provided for" in that county's plan under section 507 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.507).The provisions of this §272.227 adopted October 9, 1992, effective 10/10/1992, 22 Pa.B. 5105; amended December 22, 2000, effective 12/23/2000, 30 Pa.B. 6685. This section cited in 25 Pa. Code § 272.204 (relating to format of plans); 25 Pa. Code § 272.228 (relating to location); and 25 Pa. Code § 272.252 (relating to development of plan revisions).