1Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2"An act providing for planning for the processing and
3disposal of municipal waste; requiring counties to submit
4plans for municipal waste management systems within their
5boundaries; authorizing grants to counties and municipalities
6for planning, resource recovery and recycling; imposing and
7collecting fees; establishing certain rights for host
8municipalities; requiring municipalities to implement
9recycling programs; requiring Commonwealth agencies to
10procure recycled materials; imposing duties; granting powers
11to counties and municipalities; authorizing the Environmental
12Quality Board to adopt regulations; authorizing the
13Department of Environmental Resources to implement this act;
14providing remedies; prescribing penalties; establishing a
15fund; and making repeals," further providing for powers and
16duties of counties.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 303 of the act of July 28, 1988 (P.L.556,
20No.101), known as the Municipal Waste Planning, Recycling and
21Waste Reduction Act, is amended by adding a subsection to read:

22Section 303. Powers and duties of counties.

23* * *

24(g) Fees.--A county may impose a recycling and waste
25management fee on municipal solid waste generated within its

1borders and disposed of at resource recovery facilities or
2municipal waste landfills designated in the county's municipal
3waste management plan as provided for in Chapter 5.

4(1) The fee:

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

6(ii) Limit imposed in subparagraph (i) may be
7increased every five years to account for inflation by
8taking the average of the five prior years' increases, if
9any, in the Consumer Price Index for All Urban Consumers
10(CPI-U) categorized further as Philadelphia All Items as
11officially reported by the Department of Labor, Bureau of
12Labor Statistics.

13(iii) Shall be collected by the operator and paid to
14the county or its agent on a quarterly basis or as
15otherwise negotiated on a form approved by the county.

16(2) The operator that is charged a fee pursuant to this
17subsection may pass through and obtain the fee from the
18generator of such waste as a surcharge on any fee schedule
19established pursuant to law, ordinance, resolution or
20contract for solid waste collection, transfer, transport and
21delivery.

22(3) (i) If an operator fails to make a timely payment
23of a fee imposed by a county, the county may require
24interest and any additional penalty as authorized under
25section 703. The county or its designee shall collect
26interest or additional penalties under the requirements
27of section 703.

28(ii) The interest or additional penalties imposed
29shall not be recoverable by an operator as described in
30paragraph (2).

1(4) Funds generated by this fee shall be deposited in a
2dedicated account or fund to be used exclusively for
3recycling and waste management activities, services, staff or
4plan implementation. These activities may include:

5(i) Recycling and composting collection, processing,
6research or program planning.

7(ii) Related alternative energy, waste and recycling
8activities.

9(iii) Collections for special materials.

10(iv) Household hazardous waste or Universal Waste
11programs.

12(v) Illegal dump and litter remediation and
13prevention activities.

14(vi) Public education and promotion associated with
15and enforcement of waste and recycling programs.

16(vii) Staff and overhead costs associated with
17administration and implementation of these programs.

18(5) The county solid waste authority or county solid
19waste advisory committee, as described in section 503(a), or
20its designee shall review a spending plan for these funds,
21make suggestions and propose any changes it believes
22appropriate.

23(6) A county or its agents may enter into agreements
24with municipalities, councils of governments or other
25appropriate agencies to provide these services.

26(7) These provisions shall not preclude a county or its
27designated agent from negotiating other fees to support
28programs described in paragraph (4).

29Section 2. This act shall take effect in 60 days.