PRINTER'S NO.  1099

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

961

Session of

2009

  

  

INTRODUCED BY BUXTON, MANN, BRENNAN, CALTAGIRONE, D. COSTA, DeLUCA, EVERETT, FAIRCHILD, FRANKEL, GEORGE, GIBBONS, GRELL, HALUSKA, HARRIS, HENNESSEY, HESS, HOUGHTON, JOSEPHS, M. KELLER, KORTZ, KULA, LONGIETTI, MANDERINO, MELIO, MILNE, MUNDY, M. O'BRIEN, O'NEILL, PETRI, READSHAW, ROSS, SCAVELLO, SIPTROTH, K. SMITH, STABACK, SWANGER, TRUE, VITALI, VULAKOVICH, WATSON, WHEATLEY AND YUDICHAK, MARCH 17, 2009

  

  

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 17, 2009  

  

  

  

AN ACT

  

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Amending the act of July 28, 1988 (P.L.556, No.101), entitled

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"An act providing for planning for the processing and

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disposal of municipal waste; requiring counties to submit

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plans for municipal waste management systems within their

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boundaries; authorizing grants to counties and municipalities

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for planning, resource recovery and recycling; imposing and

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collecting fees; establishing certain rights for host

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municipalities; requiring municipalities to implement

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recycling programs; requiring Commonwealth agencies to

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procure recycled materials; imposing duties; granting powers

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to counties and municipalities; authorizing the Environmental

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Quality Board to adopt regulations; authorizing the

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Department of Environmental Resources to implement this act;

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providing remedies; prescribing penalties; establishing a

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fund; and making repeals," further providing for the sunset

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date for fees.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 701(d) of the act of July 28, 1988

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(P.L.556, No.101), known as the Municipal Waste Planning,

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Recycling and Waste Reduction Act, amended November 9, 2006

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(P.L.1347, No.140), is amended to read:

 


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Section 701.  Recycling fee for municipal waste landfills and

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resource recovery facilities.

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(a)  Imposition.--There is imposed a recycling fee of $2 per

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ton for all solid waste processed at resource recovery

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facilities and for all solid waste except process residue and

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nonprocessible waste from a resource recovery facility that is

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disposed of at municipal waste landfills. Such fee shall be paid

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by the operator of each municipal waste landfill and resource

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recovery facility.

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(b)  Alternative calculation.--The fee for operators of

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municipal waste landfills and resource recovery facilities that

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do not weigh solid waste when it is received shall be calculated

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as if three cubic yards were equal to one ton of solid waste.

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(c)  Waste weight requirement.--On and after April 9, 1990,

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each operator of a municipal waste landfill and resource

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recovery facility that has received 30,000 or more cubic yards

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of solid waste in the previous calendar year shall weigh all

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solid waste when it is received. The scale used to weigh solid

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waste shall conform to the requirements of the act of December

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1, 1965 (P.L.988, No.368), known as the Weights and Measures Act

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of 1965, and the regulations promulgated pursuant thereto. The

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operator of the scale shall be a licensed public weighmaster

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under the act of April 28, 1961 (P.L.135, No.64), known as the

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Public Weighmaster's Act, and the regulations promulgated

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pursuant thereto.

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(d)  Sunset for fee.--No fee shall be imposed under this

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section on and after [January 1, 2012] December 31, 2015.

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Section 2.  This act shall take effect in 60 days.

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