PRINTER'S NO. 4168
No. 2943 Session of 1990
INTRODUCED BY MELIO, LUCYK, BELARDI, BILLOW, DOMBROWSKI, ADOLPH,
STABACK, HALUSKA, TIGUE, TANGRETTI, VROON, PISTELLA,
GIGLIOTTI, RYBAK, DeLUCA, PETRONE, RICHARDSON, KASUNIC,
CAWLEY, COLAIZZO, BATTISTO, TRELLO, OLASZ, PETRARCA, McNALLY,
COWELL, McCALL, LAUGHLIN, LaGROTTA, FEE, SALOOM, KUKOVICH,
DALEY, MICHLOVIC, MURPHY, COLAFELLA, LESCOVITZ, COY, GAMBLE,
PRESTON, DeWEESE, MIHALICH, LEVDANSKY, VEON, ITKIN, COLE,
MARKOSEK, ACOSTA, TRICH, JAROLIN, STISH, PESCI AND MAYERNIK,
OCTOBER 1, 1990
REFERRED TO COMMITTEE ON CONSERVATION, OCTOBER 1, 1990
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:
1 CHAPTER 8
2 OUT-OF-STATE WASTE
3 Section 801. Surcharge restricted.
4 All municipalities within this Commonwealth may enact a
5 surcharge on incoming municipal waste as follows:
6 (1) No fee will be levied against the municipal waste
7 generated in a state which has a per capita municipal waste
8 disposal and incineration capacity greater than or equal to
9 the per capita capacity in this Commonwealth.
10 (2) A fee of $10 per ton will be levied against the
11 municipal waste generated in a state which has a per capita
12 municipal waste disposal and incineration capacity greater
13 than or equal to 75% but less than the per capita capacity in
14 this Commonwealth.
15 (3) A fee of $15 per ton shall be levied against the
16 municipal waste generated in a state which has a per capita
17 municipal waste and incineration capacity greater than or
18 equal to 50% but less than 75% of the per capita capacity in
19 this Commonwealth.
20 (4) A fee of $20 per ton shall be levied against the
21 municipal waste generated in a state which has a per capita
22 municipal waste and incineration capacity greater than or
23 equal to 25% but less than 50% of the per capita capacity in
24 this Commonwealth.
25 (5) A fee of $25 per ton shall be levied against the
26 municipal waste generated in a state which has a per capita
27 municipal waste and incineration capacity less than 25% of
28 the per capita capacity in this Commonwealth.
29 Section 802. Fee increases.
30 If the municipal waste capacity fee for municipal waste
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1 generated in any state remains at the same level or increases in
2 two consecutive calendar years, the fee under section 801 is
3 doubled. The fee shall remain doubled until the municipal waste
4 generated in that state qualifies for a lower fee under section
5 801.
6 Section 803. Fee decrease.
7 The fee against the municipal waste generated in any state
8 will be changed immediately to any changes made in the municipal
9 waste disposal capacity or incineration ability of the state if
10 such change warrants a reduction in fees according to the
11 standards established in section 801.
12 Section 804. Fee collection.
13 The owner of the municipal landfill or incinerator will be
14 responsible for the collection of the fee and shall remit this
15 fee upon collection to the appropriate county authorities in
16 which the landfill is located.
17 Section 805. Fee use.
18 (a) County use.---The county shall retain 75% of the revenue
19 generated by this fee and use such money from the fees for the
20 implementation of environmental projects, the improvement of
21 roads, for environmental educational purposes or any other
22 manner upon approval by the department.
23 (b) Host municipality use.--The county shall distribute 25%
24 of the revenue generated by this fee to the host municipality
25 containing the landfill which shall use such money for the
26 implementation of environmental projects, the improvement of
27 roads, for environmental educational purposes or any other
28 manner upon approval by the department.
29 Section 806. Determinations; enforcement.
30 (a) Determination.--The Department of Environmental
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1 Resources shall determine the per capita municipal waste
2 disposal and incineration capacity of any state disposing waste
3 in this Commonwealth.
4 (b) Enforcement.--The Department of Environmental Resources
5 shall enforce and promulgate regulations to carry out this act.
6 Section 2. This act shall take effect in one year.
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