§ 4000.303. Powers and duties of counties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations
53 P.S. § 4000.303
§ 4000.303. Powers and duties of counties
(2) Shall have the power and duty to implement its approved plan, including a plan approved under section 501(b),1 as it relates to the processing and disposal of municipal waste generated within its boundaries.
(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 1501.2
(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 304.3
(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).4
(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,5 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.
Credits
1988, July 28, P.L. 556, No. 101, § 303, effective in 60 days.
Footnotes
53 P.S. § 4000.501(b).
53 P.S. § 4000.1501.
53 P.S. § 4000.304.
53 P.S. § 4000.502(c)(2), (o)(1)(iii).
35 P.S. § 6018.101 et seq.
53 P.S. § 4000.303, PA ST 53 P.S. § 4000.303
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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