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§ 4000.507. Relationship between plans and permits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 17A. The Municipal Waste Planning, Recycling and Waste Reduction Act (Refs & Annos)
Chapter 5. Municipal Waste Planning
53 P.S. § 4000.507
§ 4000.507. Relationship between plans and permits
Currentness
(a) Limitation on permit issuance.--After the date of submission to the department of all executed ordinances, contracts or other requirements under section 513, the department shall not issue any permit, or any permit that results in additional capacity, for a municipal waste landfill or resource recovery facility under the Solid Waste Management Act,1 in the county unless the applicant demonstrates to the department's satisfaction that the proposed facility:
(1) is provided for in the plan for the county; or
(2) meets all of the following requirements:
(i) The proposed facility will not interfere with implementation of the approved plan.
(ii) The proposed facility will not interfere with municipal waste collection, storage, transportation, processing or disposal in the host county.
(iii) The proposed location of the facility is at least as suitable as alternative locations giving consideration to environmental and economic factors.
(iv) The governing body of the proposed host county has received written notice of the proposed facility from the applicant pursuant to section 504 of the Solid Waste Management Act and, within 60 days from such notification, the governing body of the proposed host county has not provided the department with written objections to the proposed facility. Should the governing body of the proposed host county file timely objections to the department, the department shall not approve the permit application, unless the department determines the proposed facility complies with the appropriate environmental, public health and safety requirements and is in compliance with this paragraph.
(b) Exemption.--This section shall not impose any limitation on the department's authority to issue a permit in a county prior to the department's approval of a municipal waste management plan for the county under this act.

Credits

1988, July 28, P.L. 556, No. 101, § 507, effective in 60 days.

Footnotes

1
35 P.S. § 6018.101 et seq.
53 P.S. § 4000.507, PA ST 53 P.S. § 4000.507
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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