PRINTER'S NO. 1532
No. 1342 Session of 1995
INTRODUCED BY VEON, GEORGE, FAIRCHILD, SURRA, LAUGHLIN,
MIHALICH, BUNT AND ROBINSON, APRIL 11, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 11, 1995
AN ACT
1 Amending the act of October 18, 1988 (P.L.756, No.108), entitled
2 "An act providing for the cleanup of hazardous waste sites;
3 providing further powers and duties of the Department of
4 Environmental Resources and the Environmental Quality Board;
5 providing for response and investigations for liability and
6 cost recovery; establishing the Hazardous Sites Cleanup Fund;
7 providing for certain fees and for enforcement, remedies and
8 penalties; and repealing certain provisions relating to the
9 rate of the capital stock franchise tax," further providing
10 for host municipality benefit fee.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 306 of the act of October 18, 1988
14 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, is
15 amended to read:
16 Section 306. Host municipality benefit fee.
17 (a) Imposition.--There shall be imposed a host municipality
18 benefit fee upon the operator of each commercial hazardous waste
19 treatment [or], disposal or commercial storage facility that has
20 a valid permit on the effective date of this act or receives a
21 new permit or permit that results in additional capacity from
1 the department under the Solid Waste Management Act after the
2 effective date of this act. The fee shall be paid to the host
3 municipality. If the facility is located within more than one
4 host municipality, the fee shall be apportioned among them
5 according to the percentage of the permitted area located in
6 each municipality.
7 (b) Amount.--The fee shall be [$1] $5 per ton of weighed
8 hazardous waste or [$1] $5 per three cubic yards of volume-
9 measured hazardous waste for all hazardous waste received at a
10 facility. Any amounts paid by an operator to a host municipality
11 pursuant to a preexisting agreement shall serve as a credit
12 against the fee amount imposed by this section.
13 (c) Municipal options.--Nothing in this section or section
14 307 shall prevent a host municipality from receiving a higher
15 fee or receiving the fee in a different form or at different
16 times than provided in this section and section 307, if the host
17 municipality and the operator of the commercial hazardous waste
18 treatment or disposal facility agree in writing.
19 Section 2. This act shall take effect in 60 days.
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