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Session of 2010

No. 2010-24

 

 

HB 961

 

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," in recycling fee, further providing for recycling fee for municipal waste landfills and resource recovery facilities.

 

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

 

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Section 1.  Section 701 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, amended November 9, 2006 (P.L.1347, No.140), is amended to read:

Section 701.  Recycling fee for municipal waste landfills and resource recovery facilities.

(a)  Imposition.--There is imposed a recycling fee of $2 per ton for all solid waste processed at resource recovery facilities and for all solid waste except process residue and nonprocessible waste from a resource recovery facility that is disposed of at municipal waste landfills. Such fee shall be paid by the operator of each municipal waste landfill and resource recovery facility.

(b)  Alternative calculation.--The fee for operators of municipal waste landfills and resource recovery facilities that do not weigh solid waste when it is received shall be calculated as if three cubic yards were equal to one ton of solid waste.

(c)  Waste weight requirement.--On and after April 9, 1990, each operator of a municipal waste landfill and resource recovery facility that has received 30,000 or more cubic yards of solid waste in the previous calendar year shall weigh all solid waste when it is received. The scale used to weigh solid waste shall conform to the requirements of the act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, and the regulations promulgated pursuant thereto. The operator of the scale shall be a licensed public weighmaster under the act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, and the regulations promulgated pursuant thereto.

(d)  Sunset for fee.--No fee shall be imposed under this section on and after January 1, [2012] 2020.

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Section 2.  The act is amended by adding a section to read:

Section 707.  Used tire pile remediation.

(a)  Funding transfers.--Beginning in fiscal year 2009-2010 through and including fiscal year 2012-2013, $1,250,000 shall be transferred annually from the Recycling Fund created under section 706 to the Used Tire Pile Remediation Restricted Account established under section 110 of the act of December 19, 1996 (P.L.1478, No.190), entitled "An act relating to the recycling and reuse of waste tires; providing for the proper disposal of waste tires and the cleanup of stockpiled tires; authorizing investment tax credits for utilizing waste tires; providing remediation grants for the cleanup of tire piles and for pollution prevention programs for small business and households; establishing the Small Business and Household Pollution Prevention Program and management standards for small business hazardous waste; providing for a household hazardous waste program and for grant programs; making appropriations; and making repeals."

(b)  Use of funding.--For fiscal year 2009-2010 through fiscal year 2012-2013, moneys in the account shall be used for the following purposes:

(1)  The remediation of waste tire piles on the priority enforcement list maintained by the department pursuant to section 107(a) and (b) of the act of December 19, 1996 (P.L.1478, No.190).

(2)  The remediation of waste tire piles on the list of additional waste tire sites maintained by the department pursuant to section 107(d) of the act of December 19, 1996 (P.L.1478, No.190).

(3)  For the award of grants pursuant to section 111 of the act of December 19, 1996 (P.L.1478, No.190) for remediation of waste tire piles as provided in this subsection or for activities authorized under that section which the department determines will assist with the remediation of waste tire piles as provided in this subsection.

(c)  Annual report by department.--No later than December 31, 2010, and no later than each December 31 thereafter, the department shall provide a report to the Environmental Resources and Energy Committee of the Senate, the Appropriations Committee of the Senate, the Environmental Resources and Energy Committee of the House of Representatives and the Appropriations Committee of the House of Representatives on the Used Tire Pile Remediation Restricted Account and the remediation of used tire piles. The last report to be submitted by the department pursuant to this subsection shall be submitted no later than December 31, 2014. Within seven days following submission of each report to the Senate and House committees, the department shall post the report on the department's publicly accessible Internet website. The report shall include:

(1)  The current balance of the account and the projected balance of the account at the end of the fiscal year for which the department's budget is being submitted.

(2)  A listing of waste tire piles remediated or to be remediated pursuant to subsection (b) during the prior fiscal year and cumulatively since the effective date of this subsection.

(3)  Those waste tire piles which the department expects to remediate pursuant to subsection (b) during the fiscal year for which its budget is being submitted and the projected cost for remediation of those waste tire piles.

(4)  Those waste tire piles which will remain to be remediated pursuant to subsection (b) and the projected cost for remediation of those waste tire piles.

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Section 3.  This act shall take effect immediately.

 

 

APPROVED--The 12th day of May, A.D. 2010.

 

EDWARD G. RENDELL