Section 4000.904 - Performance grants for municipal recycling programs(a)Authorization.--The department shall award annual performance grants for municipal recycling programs, upon application from a municipality. The application shall be made on a form prepared and furnished by the department. The application shall contain such information as the department deems necessary to carry out the provisions and purposes of this act, including, but not limited to, information pertaining to details of the applicant's recycling and composting programs.(b)Availability.--The department shall award a grant under this section to a municipality based on the type and weight of source-separated recyclable materials identified in section 1501 that were recycled in the previous calendar year, and the population of the municipality.(c)Amount.--The amount of the grant shall be based on available funds under section 706 and shall be available to all municipalities which have a recycling program in existence on or will initiate a program after the effective date of this act.(d)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 materials were actually marketed.(3) The materials have not been produced by a leaf or other organics composting facility.(4) Mandated curbside municipalities and other municipalities, except for counties, receiving more than $10,000 in funding under this section have met the following performance requirements:(i) Requires, through ordinance, that all residents have waste and recycling service.(ii) Has an implemented residential recycling program and facilitates a commercial recycling program or participates in a similar county or multimunicipal program.(iii) Has a residential and business recycling education program.(iv) Has a program of enforcement that periodically monitors participation, receives complaints and issues warnings for required participants and provides fines, penalties, or both, in its recycling ordinance.(v) Has provisions, participates in a county or multimunicipal program or facilitates a private sector program for the recycling of special materials.(vi) Sponsors a program, facilitates a program or supports an organization to address illegal dumping and/or littering problems.(vii) Has a person or entity designated as recycling coordinator who is responsible for recycling data collection and reporting recycling program performance in the municipality or municipalities.(5) If the requirements of paragraph (4) are not satisfied by the municipality, then the grant funds awarded under this section shall be expended by the municipality only to satisfy the requirements of paragraph (4).(6) If the requirements of paragraph (4) are satisfied by the municipality, then the grant funds awarded under this section may be expended by the municipality on any expense as determined in the discretion of the municipality.(e)Compliance.--The department may require budget documents or other expenditure records and may deny funding through this section if an applicant cannot demonstrate that funds have been expended on eligible activities. 1988, July 28, P.L. 556, No. 101, § 904, effective in 90 days. Amended 2006, Nov. 9, P.L. 1347, No. 140, § 2, effective in 60 days [Jan. 8, 2007].