Section 272.426. Alternative to curbside program

(a) The governing body of a municipality that is required by this subchapter to develop and implement a curbside recycling program may request the Department to approve an alternative recycling program. This alternative may include recycling services by a municipal waste landfill or resource recovery facility, or recycling facility.

(b) The Department will not approve an alternative recycling program unless the municipality demonstrates the following to the Department’s satisfaction:

(1) The facility in which recycling would be performed has a municipal waste management permit from the Department under this article.

(2) The facility, or a substantially similar model of the facility, has effectively processed municipal waste in the United States for at least 2 years. To meet this requirement, a facility shall have:

(i) Operated at no less than 90% of its capacity for the 2-year period, and processed municipal waste during this period that is substantially similar to waste generated by the requesting municipality that would be processed in the future.

(ii) Recycled and marketed 25% of waste that is received and be capable of recycling 25% of waste in the future, based on contractual arrangements and other factors. Products derived from municipal waste which will be incinerated, whether for energy production or not, or products derived and then disposed, do not qualify as a contribution to the 25% recycling requirement. Materials extracted from municipal waste for recycling purposes, including compost, and marketed qualify.

(3) The materials recovered or created by the facility can be marketed as readily as materials collected through a curbside program. The operator shall show where materials are sent for recycling during the life of the demonstration period, even if it is not the same facility.

(4) The alternative program is preferable to a curbside recycling program, based on a detailed analysis of the comparative economic costs, including avoided costs, and environmental benefits of each program.

(c) Immediately upon filing the request, the municipality shall publish a written notice of its request for at least 1 week in a newspaper of general circulation in the area where the municipality is located. The notice shall include a brief description of the nature of the alternative program and the municipiality’s economic and environmental justification for the alternative program.

(d) A request for approval of an alternative recycling program may not be construed to allow the delay or suspension of development or implementation of a curbside recycling program pending the Department’s decision on the request. An approval of an alternative recycling program may not be construed to allow the delay or suspension of development or implementation of a curbside recycling program pending the availability for use of the alternative program.

(e) The Department may revoke approval granted under this section if the alternative recycling program is not meeting the requirements of this section or is not operating in accordance with the terms of the municipality’s request to the Department under this section.

The provisions of this § 272.426 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226143) to (226144).