Section 272.427. Exemption

(a) A municipality may apply to the Department for an exemption for the requirements of this subchapter.

(b) The Department will not grant an exemption unless the municipality demonstrates the following to the Department’s satisfaction:

(1) The municipality has exercised its best efforts to implement a curbside recycling program required by this subchapter for at least 2 years after it was required to establish and implement the program.

(2) The municipality has made timely grant applications to the Department under § 272.331 (relating to scope of grant).

(3) Reasonable and necessary costs of operating the required recycling program exceed the sum of the following:

(i) Income from the sale or use of collected material.

(ii) Grant money received from the Department under § 272.331.

(iii) Avoided costs of municipal waste processing or disposal.

(c) If the Department approves a request, the municipality is exempt from the requirements of this subchapter on or after the date of the Department’s approval. The municipality shall immediately pay to the Department an amount equal to the depreciated value of capital equipment, buildings or other structures or facilities that were constructed or obtained through Departmental grants under § 272.331. The municipality shall pay to the Department within 5 years an amount equal to the depreciated value of capital equipment purchased with funds provided by the Department under § 272.331, less percentage contributions by the municipality for the purchase of the capital equipment, or the municipality shall convey within 90 days the capital equipment to the Department.

(d) A municipality to which the Department has granted an exemption under this section shall be entitled to raise an affirmative defense to certain Department enforcement actions as provided in section 1712 of the Municipal Waste Planning, Recycling and Waste Reduction Act (35 P. S. § 4000.1712).

The provisions of this § 272.427 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.