Section 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 and any action brought pursuant to section 1711 against any municipality alleged to be in violation of section 1501 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 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: (1) To make a timely grant application to the department pursuant to section 902.(2) To exercise its best efforts to implement the program required by section 1501 for at least two years after it was required to establish and implement the program.(c)Construction.--Nothing in this section shall be construed or understood: (1) To create an affirmative defense for a municipality that is alleged to be in violation of any provision of law other than section 1501.(2) To create an affirmative defense for any person other than a municipality.(3) To modify or affect existing statutory and case law concerning affirmative defenses to department actions, except as expressly provided in subsection (a).(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. 1988, July 28, P.L. 556, No. 101, § 1712, effective in 60 days.