PRINTER'S NO. 1070
No. 958 Session of 1991
INTRODUCED BY S. H. SMITH, PERZEL, NOYE, PESCI, FARMER, DEMPSEY,
FEE, MARSICO, COY, HAGARTY, CAWLEY, GEIST, FREEMAN, GODSHALL,
HECKLER, HERSHEY, D. R. WRIGHT, RAYMOND, BUSH, MERRY, LEH,
HERMAN, FOX, BELARDI, SERAFINI, SURRA, STAIRS, NAHILL,
ARGALL, DeLUCA, CORNELL, E. Z. TAYLOR, M. N. WRIGHT, SCHEETZ,
LEE, J. TAYLOR, LAUGHLIN, CIVERA AND GERLACH, APRIL 2, 1991
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 2, 1991
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," providing for the establishment
16 and collection of a waste newsprint disposal fee.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of July 28, 1988 (P.L.556, No.101), known
20 as the Municipal Waste Planning, Recycling and Waste Reduction
21 Act, is amended by adding a section to read:
22 Section 707. Waste newsprint disposal fees.
23 (a) Imposition.--On and after July 1, 1995, there is hereby
1 imposed upon every producer or publisher of newspapers or other
2 printed material using newsprint within this Commonwealth a
3 product waste disposal fee of 20¢ per ton of newsprint consumed.
4 The waste disposal fee imposed by this section shall be
5 collected from producers or publishers based upon the total
6 weight of newsprint actually consumed in their publications. A
7 credit of 20¢ per ton of newsprint against the fee obligation
8 may be taken by the producer or publisher for overruns or such
9 similar products not actually circulated or delivered. The
10 credit of 40¢ per ton is also allowed against the fee obligation
11 for each ton of recycled newsprint used in publication of
12 products.
13 (b) Payment.--The product waste disposal fee imposed by this
14 section shall be reported and paid to the department quarterly.
15 The payment shall be accompanied by such forms as the department
16 may prescribe. The proceeds of the product waste disposal fee
17 collected pursuant to this section, less administrative costs,
18 shall be transferred to the Recycling Fund created by this act.
19 The amount deducted for the costs of administration shall not
20 exceed 3% of the total revenue collected hereunder, and shall be
21 only for those costs solely and directly attributable to the
22 fee.
23 (c) Administration.--
24 (1) The department shall administer, collect and enforce
25 the fee authorized under this section pursuant to the same
26 procedures used in the administration, collection and
27 enforcement of the recycling fee imposed under this chapter.
28 (2) The department is authorized to establish audit
29 procedures and to assess delinquent fees.
30 (3) The department shall adopt such rules and shall
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1 prescribe and publish such forms as may be necessary to
2 effectuate the purposes of this section.
3 (d) Fee rescinded.--If the department determines on January
4 1, 1995, by the preponderance of evidence, that newsprint sold
5 within this Commonwealth is being recycled at a rate of 50% or
6 more of the quantity sold within this Commonwealth, the product
7 waste disposal fee on newsprint shall be rescinded.
8 (e) Fee increased.--
9 (1) If the department determines on January 1, 1998, by
10 a preponderance of evidence, that newsprint sold within this
11 Commonwealth is being recycled at a rate of less than 50% of
12 the quantity sold within this Commonwealth, the product waste
13 disposal fee on newsprint shall be increased to 50¢ per ton
14 and the credits authorized by subsection (a) shall be
15 increased to 50¢ per ton and $1 per ton respectively,
16 effective January 1, 1998. If the product waste disposal fee
17 on newsprint is increased on January 1, 1998, the provisions
18 of paragraph (2) shall also be implemented effective on
19 January 1, 1998.
20 (2) The producer or publisher may claim a credit of 25¢
21 per ton of newsprint utilized in publications by their
22 facility that have been returned and made available for
23 recycling. Such claims shall be made quarterly to the
24 department and shall be accompanied by such documentation of
25 the claim as the department requires.
26 (f) Credit limits.--In no event shall credits pursuant to
27 this section exceed the fee obligation.
28 (g) Definitions.--For purposes of this section, "newsprint"
29 means uncoated paper, whether supercalendered or machine
30 finished, of the type generally used for, but is not limited to,
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1 the publication of newspapers, commercial advertising inserts,
2 directories or commercial advertising mailers, which is made
3 primarily from mechanical woodpulps combined with some chemical
4 woodpulp. "Newsprint" includes all grades of paper sold as
5 newsprint, supercalendered (SC) uncoated groundwood or machine
6 finished (MF) uncoated groundwood. For the purposes of this
7 section, "proceeds" of the fee shall mean all funds collected
8 and received by the department hereunder, including interest and
9 penalties on delinquent fees.
10 (h) Expiration.--This section expires January 1, 2001,
11 unless reenacted by the General Assembly.
12 Section 2. This act shall take effect immediately.
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