CHAPTER 63

DISPOSAL FEE

Sec.

6301.  Disposal fee for municipal waste landfills.

6302.  Deposit of disposal fee.

6303.  Surcharge.

6304.  Sunset.

6305.  Allocation for Environmental Stewardship Fund.

6306.  Adjustments.

 

Enactment.  Chapter 63 was added June 29, 2002, P.L.596, No.90, effective in ten days.

§ 6301.  Disposal fee for municipal waste landfills.

(a)  Imposition.--Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall pay, in the same manner prescribed in Chapter 7 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a disposal fee of $4 per ton for all solid waste disposed of at the municipal waste landfill. The fee established in this section shall apply to process residue and nonprocessible waste from a resource recovery facility that is disposed of at the municipal waste landfill and is in addition to the fee established in section 701 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The fee established by this subsection shall not be subject to the provisions of section 701(d) of the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b)  Exceptions.--The fee established under this section shall not apply to the following:

(1)  Process residue and nonprocessible waste that is permitted for beneficial use or for use as alternate daily cover at a municipal waste landfill.

(2)  Solid waste from a hazardous waste treatment facility that is converted into nonhazardous waste and disposed of at a municipal waste landfill.

(c)  Operator.--For purposes of imposition of the disposal fee under this section, the term "operator" shall be defined consistent with the definition of "operator" in the Municipal Waste Planning, Recycling and Waste Reduction Act and shall include municipalities or municipal authorities that operate disposal facilities.

(July 13, 2005, P.L.213, No.45, eff. imd.)

 

2005 Amendment.  Section 7 of Act 45 provided that the amendment of section 6301 shall be retroactive to July 9, 2002. Section 8 of Act 45 provided that the amendment of section 6301 shall be considered as a codification of the law in effect on July 9, 2002.

Cross References.  Section 6301 is referred to in sections 6302, 6303 of this title.

§ 6302.  Deposit of disposal fee.

(1)  For the fiscal year 2002-2003, fees received by the department pursuant to section 6301 (relating to disposal fee for municipal waste landfills) shall be paid into the State Treasury as follows:

(i)  The first $50,000,000 in fees collected shall be deposited into the Environmental Stewardship Fund established in Chapter 61 (relating to environmental stewardship and watershed protection).

(ii)  Any fees collected thereafter shall be deposited in the General Fund.

(2)  For the fiscal year 2003-2004 and beyond, all fees collected shall be deposited into the Environmental Stewardship Fund established in Chapter 61.

 

Cross References.  Section 6302 is referred to in sections 6303, 6306 of this title.

§ 6303.  Surcharge.

(a)  Owners and operators.--The owner or operator of a municipal waste landfill which collects and remits the fee established pursuant to section 6301 (relating to disposal fee for municipal waste landfills) may pass through and collect the fee from any person who delivered the waste to the municipal waste landfill as a surcharge in accordance with section 705 of the Municipal Waste Planning, Recycling and Waste Reduction Act on any fee schedule established pursuant to law, ordinance, resolution or contract for solid waste disposal operations at the municipal waste landfill.

(b)  Transporters and transfer stations.--The transporter or transfer station that is charged a fee or surcharge pursuant to section 6302 (relating to deposit of disposal fee) or subsection (a) may pass through and obtain the fee from the generator of such waste as a surcharge in accordance with section 705 of the Municipal Waste Planning, Recycling and Waste Reduction Act on any fee schedule established pursuant to law, ordinance, resolution or contract for solid waste collection, transfer, transport and delivery.

§ 6304.  Sunset (Deleted by amendment).

 

2005 Amendment.  Section 6304 was deleted by amendment July 13, 2005, P.L.213, No.45, effective immediately.

§ 6305.  Allocation for Environmental Stewardship Fund.

For fiscal years 2002-2003 through 2006-2007, the department shall utilize 10% of the money allocated annually to it under section 6104(d) (relating to fund) to provide grants for safe drinking water projects and wastewater treatment projects. Grants under this section shall be made for the same purposes and shall be subject to the same limitations as grants authorized in section 6110 (relating to environmental infrastructure grants to water and wastewater treatment facilities).

 

References in Text.  Section 6110, referred to in this section, was deleted by amendment.

§ 6306.  Adjustments.

When the Governor's proposed budget for the upcoming fiscal year, as submitted pursuant to section 12 of Article VIII of the Constitution of Pennsylvania, contains a revision to the revenue estimate for the current year of at least 3% less than the official revenue estimate for the current year, the funds deposited pursuant to section 6302(2) (relating to deposit of disposal fee) may be adjusted by transferring or redirecting up to 25% of these deposits to the General Fund.