Overview
To make sure the rules of Act 101 are followed, the Department reviews grants based on the law, rules, and its policies. Act 101 requires certain cities and towns (mandated municipalities) to recycle certain items and compost leaf waste. If a mandated municipality allows materials that should be recycled or composted, like leaf waste, to be handled in another way, it is violating Act 101.
The Act also sets the rules for grants for towns that are not required to recycle. However, Act 175 says the Department cannot stop a county or town from getting a grant if they have a rule that allows limited burning of yard waste. Since grants are awarded based on competition, the Department has created guidelines to make sure everyone understands the requirements for the section 902 grant program.
Mandated municipalities requesting a section 902 grant
Here are the key steps and requirements municipalities must follow for recycling ordinances, burning rules, and the grant application process.
1. Grant Application Review:
DEP Regional Planning and Recycling Coordinators will review recycling rules and regulations submitted with the grant application to ensure compliance with Act 101, especially section 1501(c) (1)-(5). This includes rules for businesses, government buildings, and community events.
2. Assumption About Burning Rules:
If a municipality does not have a rule about burning materials, it will be assumed that burning of recycling materials is not allowed. This assumption can be changed only if the Department has proof, such as complaints or other evidence.
3. Grant Application Confirmation:
The grant application should confirm:
- The municipality does not have rules allowing burning of materials listed in section 1501(c)(1)(i) and (iii), except for leaf waste.
- The municipality will enforce its recycling rules.
4. Evaluation of Burning Yard Waste:
Municipalities with rules allowing limited burning of yard waste will have their application reviewed carefully. The review will ensure that they are doing their best to separate and compost leaf waste as required.
5. Revised Rules Requirement:
A grant will not be recommended unless the municipality has made the necessary changes to its rules to meet these guidelines.
Non-mandated municipality requesting a section 902 grant
Programs Required by the Municipality:
1. DEP Review: DEP Regional Planning and Recycling Coordinators will review recycling ordinances or other mechanisms submitted with the grant application to ensure compliance with Act 101, specifically section 902(b)(3).
2. Applicability: The recycling ordinance or mechanism only needs to apply to the part(s) of the municipality served by the recycling program.
3. Assumption About Burning: If a municipality does not have an ordinance or mechanism about burning, it will be assumed that burning of recycling materials is not allowed, unless the Department has evidence showing otherwise (such as complaints).
4. Grant Application Requirements:
- The application should confirm that the municipality does not allow burning of materials (except leaf waste) in the recycling program.
- The municipality must enforce its recycling ordinances and regulations.
5. Limited Burning of Yard Waste:
- Municipalities with an ordinance allowing limited burning of yard waste will be evaluated on a case-by-case basis.
- The municipality must make efforts to separate and compost leaf waste, as stated in sections 1501(c)(1)(ii) and (iii).
6. Grant Recommendations: The regional office should not recommend a grant until the municipality has made necessary changes to its ordinances or regulations based on these guidelines.
Voluntary Participation Programs:
1. Accepting Applications: DEP will accept applications from municipalities with voluntary recycling programs.
2. Burning of Materials: Funding is unlikely for programs that allow materials to be burned, except for those with an ordinance allowing limited burning of yard waste.
3. Grant Evaluation for Burning Programs: Municipalities with burning ordinances will be evaluated case-by-case to make sure they comply with the separation and composting of leaf waste.
4. Grant Recommendations: The regional office should not recommend a grant until the municipality has made necessary changes to its ordinances or regulations based on these guidelines.
Counties requesting a section 902 grant:
Here are the key steps and requirements counties must follow for recycling ordinances, burning rules, and the grant application process.
1. Guidelines Apply to Counties: If a county requests a Section 902 grant for municipalities within its jurisdiction, the county must include documentation from each municipality to prove compliance with these guidelines.
2. County Ordinance Not Needed: The county does not need to adopt its own ordinance to enforce the program.
3. Recycling Education: Counties requesting funds only for recycling education do not need to follow section 1501(c).
4. County Responsibility: The Department does not expect counties to enforce municipal recycling ordinances.
5. Material Recovery Facilities: Counties requesting Section 902 funding for a material recovery facility (MRF) must ensure the host municipality does not allow burning of materials in the recycling program.
6. Grant Recommendations for Counties: The regional office should not recommend a grant until the relevant municipalities have made any necessary changes to their ordinances or regulations.