PRINTER'S NO. 1333
No. 982 Session of 2003
INTRODUCED BY RAFFERTY, BRIGHTBILL, PICCOLA, O'PAKE, CORMAN,
KUKOVICH, TARTAGLIONE, COSTA, BOSCOLA, C. WILLIAMS, RHOADES
AND FERLO, DECEMBER 18, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
DECEMBER 18, 2003
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 affected
16 municipality benefit 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 chapter to read:
22 CHAPTER 14
23 AFFECTED MUNICIPALITY BENEFIT FEE
24 Section 1401. Definitions.
1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Affected municipality." A municipality which is located
5 within five miles of a host municipality, and through which a
6 truck travel route for traffic carrying municipal waste passes.
7 Section 1402. Affected municipality benefit fee.
8 (a) Imposition.--There is imposed an affected municipality
9 benefit fee upon the operator of each municipal waste landfill
10 or resource recovery facility that has a valid permit on the
11 effective date of this act or receives a new permit or a permit
12 that results in additional capacity from the department under
13 the act of July 7, 1980 (P.L.380, No.97), known as the Solid
14 Waste Management Act, after the effective date of this act.
15 (b) Payment.--The fee shall be paid to the affected
16 municipality.
17 (c) Exception.--The fee shall not be imposed for waste
18 generated within the host municipality.
19 (d) Apportionment.--If there is more than one affected
20 municipality, the fee shall be apportioned among them according
21 to the percentage of the truck travel route located in each
22 municipality.
23 (e) Amount.--The fee shall be 50¢ per ton of weighed solid
24 waste or 50¢ per three cubic yards of volume-measured solid
25 waste for all solid waste received at a landfill or facility.
26 Section 1403. Rights of affected municipalities.
27 (a) Information.--An affected municipality shall be entitled
28 to receive from the department the information provided to a
29 host municipality under section 1101.
30 (b) Independent review.--An affected municipality shall be
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1 entitled to conduct an independent review under section 1110.
2 Section 2. This act shall take effect in 60 days.
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