THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY COSTA, MUSTO, GORDNER, McILHINNEY, HUGHES, TARTAGLIONE, VANCE, LEACH, FONTANA, FARNESE, STOUT AND BOSCOLA, MAY 27, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 27, 2009  

AN ACT

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

"An act providing for planning for the processing and

disposal of municipal waste; requiring counties to submit

plans for municipal waste management systems within their

boundaries; authorizing grants to counties and municipalities

for planning, resource recovery and recycling; imposing and

collecting fees; establishing certain rights for host

municipalities; requiring municipalities to implement

recycling programs; requiring Commonwealth agencies to

procure recycled materials; imposing duties; granting powers

to counties and municipalities; authorizing the Environmental

Quality Board to adopt regulations; authorizing the

Department of Environmental Resources to implement this act;

providing remedies; prescribing penalties; establishing a

fund; and making repeals," further providing for powers and

duties of counties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 303 of the act of July 28, 1988 (P.L.556,

No.101), known as the Municipal Waste Planning, Recycling and

Waste Reduction Act, is amended by adding a subsection to read:

Section 303.  Powers and duties of counties.

* * *

(g)  Fees.--A county may impose a recycling and waste

management fee on municipal solid waste generated within its

borders and disposed of at resource recovery facilities or

municipal waste landfills designated in the county's municipal

waste management plan as provided for in Chapter 5.

(1)  The fee:

(i)  Shall not initially exceed $4 per ton.

(ii)  Limit imposed in subparagraph (i) may be

increased every five years to account for inflation by

taking the average of the five prior years' increases, if

any, in the Consumer Price Index for All Urban Consumers

(CPI-U) categorized further as Philadelphia All Items as

officially reported by the Department of Labor, Bureau of

Labor Statistics.

(iii)  Shall be collected by the operator and paid to

the county or its agent on a quarterly basis or as

otherwise negotiated on a form approved by the county.

(2)  The operator that is charged a fee pursuant to this

subsection may pass through and obtain the fee from the

generator of such waste as a surcharge on any fee schedule

established pursuant to law, ordinance, resolution or

contract for solid waste collection, transfer, transport and

delivery.

(3)  (i)  If an operator fails to make a timely payment

of a fee imposed by a county, the county may require

interest and any additional penalty as authorized under

section 703. The county or its designee shall collect

interest or additional penalties under the requirements

of section 703.

(ii)  The interest or additional penalties imposed

shall not be recoverable by an operator as described in

paragraph (2).

(4)  Funds generated by this fee shall be deposited in a

dedicated account or fund to be used exclusively for

recycling and waste management activities, services, staff or

plan implementation. These activities may include:

(i)  Recycling and composting collection, processing,

research or program planning.

(ii)  Related alternative energy, waste and recycling

activities.

(iii)  Collections for special materials.

(iv)  Household hazardous waste or Universal Waste

programs.

(v)  Illegal dump and litter remediation and

prevention activities.

(vi)  Public education and promotion associated with

and enforcement of waste and recycling programs.

(vii)  Staff and overhead costs associated with

administration and implementation of these programs.

(5)  The county solid waste authority or county solid

waste advisory committee, as described in section 503(a), or

its designee shall review a spending plan for these funds,

make suggestions and propose any changes it believes

appropriate.

(6)  A county or its agents may enter into agreements

with municipalities, councils of governments or other

appropriate agencies to provide these services.

(7)  These provisions shall not preclude a county or its

designated agent from negotiating other fees to support

programs described in paragraph (4).

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