Section 4000.303 - Powers and duties of counties(a)Primary responsibility of county.--Each county shall have the power and its duty shall be to insure the availability of adequate permitted processing and disposal capacity for the municipal waste which is generated within its boundaries. As part of this power, a county: (1) May require all persons to obtain licenses to collect and transport municipal waste subject to the plan to a municipal waste processing or disposal facility designated pursuant to subsection (e).(2) Shall have the power and duty to implement its approved plan, including a plan approved under section 501(b), as it relates to the processing and disposal of municipal waste generated within its boundaries.(3) May plan for the processing and disposal of municipal waste generated outside its boundaries and to implement its approved plan as it relates to the processing and disposal of such waste.(4) May adopt ordinances, resolutions, regulations and standards for the recycling of municipal waste or source-separated recyclable material if one of the following requirements are met:(i) Such ordinances, resolutions, regulations or standards are set forth in the approved plan and do not interfere with the implementation of any municipal recycling program under section 1501.(ii) Such ordinances, resolutions, regulations or standards are necessary to implement a municipal recycling program under section 1501 which the municipality has delegated to the county pursuant to section 304.(5) May prohibit the siting of additional resource recovery facilities within its geographic boundaries where any additional resource recovery facility is inconsistent with the county plan pursuant to section 501(b) unless such facilities meet the criteria of section 502(c)(2) and (o)(1)(iii).(b)Joint planning.--Any two or more counties may adopt and implement a single municipal waste management plan for the municipal waste generated within the combined area of the counties.(c)Ordinances and resolutions.--In carrying out its duties under this section, a county may adopt ordinances, resolutions, regulations and standards for the processing and disposal of municipal waste, which shall not be less stringent than, and not in violation of or inconsistent with, the provisions and purposes of the Solid Waste Management Act, this act and the regulations promulgated pursuant thereto.(d)Delegation of county responsibility.--A county may enter into a written agreement with another person pursuant to which the person undertakes to fulfill some or all of the county's responsibilities under this act for municipal waste planning and implementation of the approved county plan. Any such person shall be jointly and severally responsible with the county for municipal waste planning and implementation of the approved county plan in accordance with this act and the regulations promulgated pursuant thereto.(e)Designated sites.--A county with an approved municipal waste management plan that was submitted pursuant to section 501(a), (b) or (c) is also authorized to require that all municipal wastes generated within its boundaries shall be processed or disposed at a designated processing or disposal facility that is contained in the approved plan and permitted by the department under the Solid Waste Management Act. No county shall direct municipal waste or source-separated recyclable materials that would otherwise be recycled to any resource recovery facility or other facility for purposes other than recycling such waste. This subsection shall not apply to municipal waste going to existing or future onsite captive commercial disposal facilities used for the exclusive disposal of municipal waste generated by that commercial operation.(f)Report.--On or before April 1 of each year, each county shall submit a report to the department describing: (1) Its progress in implementing its department-approved municipal waste management plan or in developing such a plan.(2) The weight or volume of materials that were recycled by municipal recycling programs in the county in the preceding calendar year, and the weight or volume of materials that were recycled by the county in the preceding calendar year. 1988, July 28, P.L. 556, No. 101, § 303, effective in 60 days.