Section 7.471. Interim moratorium

(a) Until the Department of Environmental Protection (Department) has adopted the Pennsylvania Municipal Waste Management Plan under this subchapter, the Department is directed to immediately cease reviewing applications or issuing new permits for new municipal waste landfills and new resource recovery facilities, under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), unless the application is for one of the following:

(1) A new municipal waste landfill or new resource recovery facility for processing or disposing of municipal and residual waste, if the applicant demonstrates a need for additional capacity and shows that at least 70% of the municipal waste proposed to be received at the facility is generated in this Commonwealth and accepted pursuant to county implementing documents specified in section 513(b) of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § 4000.513(b)), or other documents the Department deems acceptable.

(2) An existing permitted municipal waste landfill facility applying for an expansion of capacity for the disposal of municipal and residual waste, if the applicant demonstrates a need for additional capacity and shows that at least 70% of the municipal waste proposed to be received at the facility is generated in this Commonwealth and accepted pursuant to county implementing documents specified in section 513(b) of the Municipal Waste Planning, Recycling and Waste Reduction Act or other documents the Department deems acceptable.

(b) The Department will not issue new permit modifications for disposal of sewage sludge at a municipal waste landfill unless the permit modification is necessary for compliance with an order issued by the Department.

Notation

Cross References

This section cited in 4 Pa. Code § 7.472 (relating to waste volume limitations).