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§ 6018.201. Submission of plans; permits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29A. Solid Waste Management Act (Refs & Annos)
Article II. Municipal Waste (Refs & Annos)
35 P.S. § 6018.201
§ 6018.201. Submission of plans; permits
Currentness
(a) No person or municipality shall store, collect, transport, process, or dispose of municipal waste within this Commonwealth unless such storage, collection, transportation, processing or disposal is authorized by the rules and regulations of the department and no person or municipality shall own or operate a municipal waste processing or disposal facility unless such person or municipality has first obtained a permit for such facility from the department.
(b) Each municipality with a population density of 300 or more inhabitants per square mile and each municipality with a population density of less than 300 wherein the department has identified a waste problem or a potential waste problem shall submit to the department an officially adopted plan for a municipal waste management system or systems serving the areas within its jurisdiction within two years of the effective date of this section, and shall, from time to time, submit such revisions of said plan as it deems necessary or as the department may require. Nothing in this subsection shall prohibit such a municipality from requesting the county in which it is located, and the county or an agency it designates from agreeing, to perform this function in its behalf. Whenever a county prepares and adopts such a solid waste management plan and revisions thereto, it shall provide for the participation and review of all affected municipalities. Whenever a city, borough, incorporated town or township prepares its own solid waste management plan or revisions thereto, it shall provide for review by the county prior to adoption.
(c) When more than one municipality has authority over an existing or proposed municipal waste management system or systems or any part thereof, the required plan or any revisions thereof shall be submitted jointly by the municipalities concerned or by an authority or county or by one or more of the municipalities with the concurrence of the affected municipalities.
(d) Every plan, and any revision thereof, shall delineate areas where municipal waste management systems are in existence and areas where the municipal waste management systems are planned to be available within a ten-year period.
(e) Every plan shall:
(1) Provide for the orderly extension of municipal waste management systems in a manner consistent with the needs and plans of the whole area, and in a manner which will not create a risk of pollution of the water, air, land or other natural resources of the Commonwealth, nor constitute a public nuisance, and shall otherwise provide for the safe and sanitary disposal of municipal waste.
(2) Take into consideration all aspects of planning, zoning, population estimates, engineering and economics so as to delineate with precision those portions of the area which may reasonably be expected to be served by a municipal waste management system within ten years of the submission of the plan, as well as those areas where it is not reasonably foreseeable that a municipal waste management system will be needed within ten years of the submission of the plan.
(3) Take into consideration any existing State plan affecting the development, use and protection of air, water, land or other natural resources.
(4) Set forth a time schedule and proposed methods for financing the development, construction and operation of the planned municipal waste management systems, together with the estimated cost thereof.
(5) Include a provision for periodic revision of the plan.
(6) Include such other information as the department shall require.
(f) to (l) Repealed by 1988, July 28, P.L. 556, No. 101, § 1903(a), effective in 60 days.

Credits

1980, July 7, P.L. 380, No. 97, § 201, effective in 60 days. Affected 1988, July 28, P.L. 556, No. 101, § 1903(a), effective in 60 days.
35 P.S. § 6018.201, PA ST 35 P.S. § 6018.201
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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