PRINTER'S NO. 3688
No. 2683 Session of 1996
INTRODUCED BY STISH, JUNE 11, 1996
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 11, 1996
AN ACT
1 Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2 "An act providing for planning for the processing and
3 disposal of municipal waste; requiring counties to submit
4 plans for municipal waste management systems within their
5 boundaries; authorizing grants to counties and municipalities
6 for planning, resource recovery and recycling; imposing and
7 collecting fees; establishing certain rights for host
8 municipalities; requiring municipalities to implement
9 recycling programs; requiring Commonwealth agencies to
10 procure recycled materials; imposing duties; granting powers
11 to counties and municipalities; authorizing the Environmental
12 Quality Board to adopt regulations; authorizing the
13 Department of Environmental Resources to implement this act;
14 providing remedies; prescribing penalties; establishing a
15 fund; and making repeals," imposing a recycling fee on each
16 beverage bottle or can of 16 fluid ounces or less sold at
17 retail; and requiring retailers of beverage bottles and cans
18 to charge, collect and pay out said recycling fee, and to
19 make accountings to the Department of Environmental
20 Protection for such recycling fees as are collected and paid
21 out.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 301(14) of the act of July 28, 1988
25 (P.L.556, No.101), known as the Municipal Waste Planning,
26 Recycling and Waste Reduction Act, is amended by adding a
27 subparagraph to read:
1 Section 301. Powers and duties of department.
2 The department, in consultation with the Department of Health
3 regarding matters of public health significance, shall have the
4 power and its duty shall be to:
5 * * *
6 (14) To promote and emphasize recycling and waste
7 reduction in the Commonwealth by, among other things:
8 (i) Conducting a comprehensive, innovative and
9 effective public education program concerning the value
10 of recycling and waste reduction, and of public
11 opportunities to participate in such activities, in
12 cooperation with the Department of Education.
13 (ii) Developing and maintaining a data base on
14 recycling and waste reduction in the Commonwealth, and
15 making the information in that data base available to the
16 public.
17 (iii) Coordinating recycling and waste reduction
18 efforts among Commonwealth agencies.
19 (iv) Providing financial and other assistance to
20 municipalities that are required by section 1501 to
21 implement recycling programs.
22 (v) Providing information about potential recycling
23 markets to municipalities and other interested persons.
24 (vi) Enforcing the duty of retailers in this
25 Commonwealth who sell beverage bottles and beverage cans
26 containing 16 fluid ounces or less to charge and collect
27 the recycling fee imposed under section 707 upon buyers
28 of such bottles and cans and to pay back the recycling
29 fee to a person who turns in such bottles and cans in an
30 empty condition to the retailer.
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1 * * *
2 Section 2. The act is amended by adding a section to read:
3 Section 707. Fees charged and refunded for beverage bottles and
4 cans containing 16 fluid ounces or less.
5 (a) Recycling fee imposed.--The fee of 5¢ is imposed upon
6 each beverage bottle and beverage can sold at retail which
7 contains 16 fluid ounces or less.
8 (b) Collection.--The fee shall be charged to the buyer at
9 the time of sale at retail by the retailer on behalf of the
10 department. The retailer shall pay 5¢ for each empty beverage
11 bottle and beverage can which formerly contained 16 fluid ounces
12 or less to a person who turns in said bottle or can to the
13 retailer.
14 (c) Accounting.--The retailer shall provide the department
15 with an accounting not less than annually of the amounts
16 charged, collected and paid out. In the case of more money being
17 collected than paid out, the retailer shall pay the excess to
18 the department. In the case of less money being collected than
19 paid out, the department shall reimburse the retailer for the
20 difference.
21 Section 3. This act shall take effect in 60 days.
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