SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BUXTON, MANN, BRENNAN, CALTAGIRONE, D. COSTA, DeLUCA, EVERETT, FAIRCHILD, FRANKEL, GEORGE, GIBBONS, GRELL, HALUSKA, HARRIS, HENNESSEY, HESS, HOUGHTON, JOSEPHS, M. KELLER, KORTZ, KULA, LONGIETTI, MANDERINO, MELIO, MILNE, MUNDY, M. O'BRIEN, O'NEILL, PETRI, READSHAW, ROSS, SCAVELLO, SIPTROTH, K. SMITH, STABACK, SWANGER, TRUE, VITALI, VULAKOVICH, WATSON, WHEATLEY, YUDICHAK, HORNAMAN, HARPER, YOUNGBLOOD, FREEMAN AND BRIGGS, MARCH 17, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, APRIL 19, 2010   

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," further providing for the sunset

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date for fees in recycling fee, further providing for

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recycling fee for municipal waste landfills and resource

recovery facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  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, 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] December 31, 2015.

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Section 2.  This act shall take effect in 60 days. January 1,

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[2012] 2020.

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.

Section 3.  This act shall take effect immediately.