PRINTER'S NO. 198
No. 181 Session of 1993
INTRODUCED BY MELIO, TRELLO, PESCI, MIHALICH, SURRA, STEELMAN,
TANGRETTI, DALEY, McGEEHAN, TULLI, LAUGHLIN, FAJT, CLARK,
HANNA, JAROLIN, STABACK, KASUNIC, CIVERA, TRICH, CAWLEY AND
STERN, FEBRUARY 3, 1993
REFERRED TO COMMITTEE ON RULES, FEBRUARY 3, 1993
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 surcharges for
16 certain out-of-State waste.
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 chapter to read:
22 CHAPTER 8
23 OUT-OF-STATE WASTE
24 Section 801. Surcharge restricted.
1 All municipalities within this Commonwealth may enact a
2 surcharge on incoming municipal waste as follows:
3 (1) No fee will be levied against the municipal waste
4 generated in a state which has a per capita municipal waste
5 disposal and incineration capacity greater than or equal to
6 the per capita capacity in this Commonwealth.
7 (2) A fee of $10 per ton will be levied against the
8 municipal waste generated in a state which has a per capita
9 municipal waste disposal and incineration capacity greater
10 than or equal to 75%, but less than the per capita capacity
11 in this Commonwealth.
12 (3) A fee of $15 per ton shall be levied against the
13 municipal waste generated in a state which has a per capita
14 municipal waste and incineration capacity greater than or
15 equal to 50%, but less than 75% of the per capita capacity in
16 this Commonwealth.
17 (4) A fee of $20 per ton shall be levied against the
18 municipal waste generated in a state which has a per capita
19 municipal waste and incineration capacity greater than or
20 equal to 25%, but less than 50% of the per capita capacity in
21 this Commonwealth.
22 (5) A fee of $25 per ton shall be levied against the
23 municipal waste generated in a state which has a per capita
24 municipal waste and incineration capacity less than 25% of
25 the per capita capacity in this Commonwealth.
26 Section 802. Fee increases.
27 If the municipal waste capacity fee for municipal waste
28 generated in any state remains at the same level or increases in
29 two consecutive calendar years, the fee under section 801 is
30 doubled. The fee shall remain doubled until the municipal waste
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1 generated in that state qualifies for a lower fee under section
2 801.
3 Section 803. Fee decrease.
4 The fee against the municipal waste generated in any state
5 will be changed immediately to reflect any changes made in the
6 municipal waste disposal capacity or incineration ability of the
7 state if the change warrants a reduction in fees according to
8 the standards established in section 801.
9 Section 804. Fee collection.
10 The owner of the municipal landfill or incinerator will be
11 responsible for the collection of the fee and shall remit the
12 fee upon collection to the appropriate county authorities of the
13 county in which the landfill is located.
14 Section 805. Fee use.
15 (a) County use.---The county shall retain 75% of the revenue
16 generated by this fee and shall use the money from the fees for
17 the implementation of environmental projects, the improvement of
18 roads, for environmental educational purposes or for any other
19 purpose approved by the department.
20 (b) Host municipality use.--The county shall distribute 25%
21 of the revenue generated by this fee to the host municipality
22 containing the landfill which shall use the money for the
23 implementation of environmental projects, the improvement of
24 roads, for environmental educational purposes or for any other
25 purpose approved by the department.
26 Section 806. Determinations and enforcement.
27 (a) Determination.--The department shall determine the per
28 capita municipal waste disposal and incineration capacity of any
29 state disposing waste in this Commonwealth.
30 (b) Enforcement.--The department shall promulgate and
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1 enforce regulations to carry out this act.
2 Section 2. This act shall take effect in one year.
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