Regular Session 2015-2016 House Bill 2223 P.N. 3651

PRINTER'S NO. 3651

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2223

Session of

2015

INTRODUCED BY HANNA, McNEILL AND O'BRIEN, JUNE 28, 2016

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

JUNE 28, 2016

AN ACT

Amending Titles 27 (Environmental Resources) and 58 (Oil and

Gas) of the Pennsylvania Consolidated Statutes, in

environmental stewardship and watershed protection, further

providing for definitions and for extension of fees; in

disposal fee, further providing for disposal fee for

municipal waste landfills, for deposit of disposal fee and

for surcharge; in Oil and Gas Lease Fund, further providing

for funds; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6103 of Title 27 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 6103. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Captive residual waste facility." A residual waste

processing or disposal facility that is located upon lands owned

by the person or municipality that generated the residual waste

and which facility is operated to provide for the processing or

disposal solely of the generator's residual waste.

"Construction/demolition waste." Solid waste resulting from

the construction or demolition of buildings and other

structures, including, but not limited to, wood, plaster,

metals, asphaltic substances, bricks, block and unsegregated

concrete. The term does not include, if separated from other

waste and used as clean fill:

(1) uncontaminated soil, rock, stone, gravel, brick and

block, concrete and used asphalt; or

(2) waste from land clearing, grubbing and excavation,

including trees, brush, stumps and vegetative material.

"Construction/demolition waste landfill." A facility using

land exclusively for the disposal of construction/demolition

waste. The term includes land affected during the lifetime of

the operations, including, but not limited to, areas where

disposal activities actually occur, support facilities, borrow

areas, offices, equipment sheds, air and water pollution control

and treatment systems, access roads, associated onsite or

contiguous collection, transportation and storage facilities,

closure and postclosure care and maintenance activities and

other activities in which the natural land surface has been

disturbed as a result of or incidental to the operation of the

facility.

* * *

"Residual waste." Garbage, refuse, other discarded material

or other waste, including solid, liquid, semisolid or contained

gaseous materials resulting from industrial, mining and

agricultural operations and sludge from an industrial, mining or

agricultural water supply treatment facility, wastewater

treatment facility or air pollution control facility, if it is

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not hazardous. The term does not include:

(1) coal refuse as defined in the act of September 24,

1968 (P.L.1040, No.318), known as the Coal Refuse Disposal

Control Act; or

(2) treatment sludges from coal mine drainage treatment

plants, disposal of which is being carried on, under and in

compliance with a valid permit issued under the act of June

22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

"Residual waste landfill." A facility for disposing of

residual waste. The term does not include:

(1) a residual waste disposal impoundment or a facility

for the land application of residual waste; or

(2) a facility at which municipal waste, other than

industrial lunchroom or office waste generated by the

operator, construction/demolition waste generated by the

operator or certain special handling waste is disposed.

* * *

Section 2. Section 6112(b) of Title 27 is amended to read:

§ 6112. Extension of fees.

(b) Fee established.--

(1) Each operator of a municipal waste landfill,

construction/demolition waste landfill and residual waste

landfill shall pay, in the same manner prescribed in section

701 of the Municipal Waste Planning, Recycling and Waste

Reduction Act, an amount equal to 25¢ per ton of weighted

waste or 25¢ per three cubic yards of volume-measured waste

for all solid waste, construction/demolition waste and

residual waste received at the landfill.

(2) The fee established by this subsection shall be paid

to the State Treasury and deposited into the fund and shall

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not be subject to the provisions of section 701(d) of the act

of July 28, 1988 (P.L.556, No.101), known as the Municipal

Waste Planning, Recycling and Waste Reduction Act.

(3) The fee established by this subsection shall not

apply to waste disposed of at a captive residual waste

facility.

Section 3. The heading of Chapter 63 of Title 27 is amended

to read:

CHAPTER 63

DISPOSAL [FEE] FEES

Section 4. Sections 6301, 6302, 6303 and 6306 of Title 27

are amended to read:

§ 6301. Disposal [fee] fees for municipal waste landfills[.],

construction/demolition waste landfills and residual

waste landfills.

(a) Imposition.--

(1) Except as otherwise provided in subsection (b), each

operator of a municipal waste landfill,

construction/demolition waste landfill or residual waste

landfill shall pay, in the same manner prescribed in Chapter

7 of the act of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction Act,

a disposal fee of [$4] $5.75 per ton for all solid waste,

construction/demolition waste and residual waste disposed of

at the municipal waste landfill, construction/demolition

waste landfill or residual waste landfill.

(2) In addition to the fee assessed in paragraph (1),

each operator of a construction/demolition waste or residual

waste landfill shall pay, in the same manner prescribed in

Chapter 7 of the act of July 28, 1988 (P.L.556, No.101),

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known as the Municipal Waste Planning, Recycling and Waste

Reduction Act, a fee of $2 per ton for all

construction/demolition and residual waste disposed of at the

construction/demolition waste landfill or residual waste

landfill.

(3) The [fee] fees established in this section shall

apply to process residue and nonprocessible waste from a

resource recovery facility that is disposed of at the

municipal waste landfill, construction/demolition waste

landfill or residual waste landfill and is in addition to the

fee established in section 701 of the Municipal Waste

Planning, Recycling and Waste Reduction Act.

(4) The [fee] fees established by this subsection shall

not be subject to the provisions of section 701(d) of the

Municipal Waste Planning, Recycling and Waste Reduction Act.

(b) Exceptions.--The [fee] fees established under [this

section] subsection (a) shall not apply to the following:

(1) Process residue and nonprocessible waste that is

permitted for beneficial use or for use as alternate daily

cover at a municipal waste landfill.

(2) Solid waste from a hazardous waste treatment

facility that is converted into nonhazardous waste and

disposed of at a municipal waste landfill.

(3) Waste disposed of at a captive residual waste

facility.

fee under this section, the term "operator" shall be defined

consistent with the definition of "operator" in the Municipal

Waste Planning, Recycling and Waste Reduction Act and shall

include municipalities or municipal authorities that operate

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disposal facilities.

§ 6302. Deposit of disposal [fee.] fees.

The disposal fees imposed under section 6301 (relating to

disposal fees for municipal waste landfills,

construction/demolition waste landfills and residual waste

landfills) shall be deposited as follows:

(1) For the fiscal year 2002-2003, [fees received by the

department pursuant to section 6301 (relating to disposal fee

for municipal waste landfills)] the fee shall be paid into

the State Treasury as follows:

(i) The first $50,000,000 in fees collected shall be

deposited into the Environmental Stewardship Fund

established in Chapter 61 (relating to environmental

stewardship and watershed protection).

(ii) Any fees collected thereafter shall be

deposited in the General Fund.

(2) For the fiscal year 2003-2004 and beyond, all fees

collected shall be deposited into the Environmental

Stewardship Fund established in Chapter 61.

§ 6303. Surcharge.

(a) Owners and operators.--The owner or operator of a

municipal waste, construction/demolition waste or residual waste

landfill which collects and remits the [fee] fees established

pursuant to section 6301 (relating to disposal [fee] fees for

municipal waste landfills, construction/demolition waste

landfills and residual waste landfills) may pass through and

collect the [fee] fees from any person who delivered the waste

to the municipal waste, construction/demolition waste or

residual waste landfill as a surcharge in accordance with

section 705 of the Municipal Waste Planning, Recycling and Waste

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Reduction Act on any fee schedule established pursuant to law,

ordinance, resolution or contract for solid waste,

construction/demolition waste or residual waste disposal

operations at the municipal waste, construction/demolition waste

or residual waste landfill.

(b) Transporters and transfer stations.--The transporter or

transfer station that is charged a fee or surcharge pursuant to

section 6302 (relating to deposit of disposal [fee] fees) or

subsection (a) may pass through and obtain the fee from the

generator of such waste as a surcharge in accordance with

section 705 of the Municipal Waste Planning, Recycling and Waste

Reduction Act on any fee schedule established pursuant to law,

ordinance, resolution or contract for solid waste collection,

transfer, transport and delivery.

§ 6306. Adjustments.

When the Governor's proposed budget for the upcoming fiscal

year, as submitted pursuant to section 12 of Article VIII of the

Constitution of Pennsylvania, contains a revision to the revenue

estimate for the current year of at least 3% less than the

official revenue estimate for the current year, the funds

deposited pursuant to section 6302(2) (relating to deposit of

disposal [fee] fees) may be adjusted by transferring or

redirecting up to 25% of these deposits to the General Fund.

Section 5. Section 2505 of Title 58 is amended to read:

§ 2505. Funds.

(a) Priority.--Funds appropriated from the Oil and Gas Lease

Fund to the department under the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, or other appropriation act

shall be distributed prior to allocations under subsection (b).

(b) Allocations.--Money in the Oil and Gas Lease Fund shall

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be allocated on an annual basis as follows:

(1) [The following amounts shall be transferred from the

Oil and Gas Lease Fund to the Marcellus Legacy Fund for

distribution to the Environmental Stewardship Fund:

(i) For 2013, $20,000,000.

(ii) For 2014 and each year thereafter,

$35,000,000.] (Reserved).

(2) The following amounts shall be transferred from the

Oil and Gas Lease Fund to the Marcellus Legacy Fund for

distribution to the Hazardous Sites Cleanup Fund:

(i) For 2015, $5,000,000.

(ii) For 2016 and each year thereafter, $15,000,000.

Section 6. Effective date.

This act shall take effect immediately.

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