Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.1712. Affirmative defense

(a) Defense.--It shall be an affirmative defense to any action by the department pursuant to section 1702, 1704, 1705 or 1708   1 and any action brought pursuant to section 1711   2 against any municipality alleged to be in violation of section 1501   3 that such municipality's failure to comply is caused by excessive costs of the program required by section 1501.  Program costs are excessive when reasonable and necessary costs of operating the program exceed income from the sale or use of collected material, grant money received from the department pursuant to section 902   4 and avoided costs of municipal waste processing or disposal.

(b) Requirements.--A municipality may not assert the affirmative defense provided by this section if it has failed:

(c) Construction.--Nothing in this section shall be construed or understood:

(d) Exemption.--If the department approves a request, the municipality shall be exempt from the requirements of this section on and after the date of the department's approval. However, the municipality shall immediately pay to the department an amount equal to the depreciated value of any capital equipment, buildings, or other structures or facilities that were constructed or obtained through departmental grants under section 902.  The municipality shall pay to the department within five years an amount equal to the depreciated value of any capital equipment purchased with funds provided by the department under section 902, less any contribution by the municipality for the purchase of such capital equipment, or the municipality shall convey within 90 days such capital equipment to the department.