PRINTER'S NO. 1569
No. 1342 Session of 2001
INTRODUCED BY CREIGHTON, WANSACZ, THOMAS, ARMSTRONG, BELARDI,
CAWLEY, COLEMAN, DAILEY, FRANKEL, GABIG, GRUCELA, HENNESSEY,
HORSEY, R. MILLER, NAILOR, SHANER, STEELMAN, STURLA,
E. Z. TAYLOR, TRELLO, J. WILLIAMS, WOJNAROSKI AND YOUNGBLOOD,
APRIL 12, 2001
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 12, 2001
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," providing
18 for a solid waste deposit fee; and establishing the Solid
19 Waste Deposit Fee Fund.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of July 7, 1980 (P.L.380, No.97), known
23 as the Solid Waste Management Act, is amended by adding an
24 article to read:
1 ARTICLE IV-A
2 SOLID WASTE DEPOSIT FEES
3 Section 401-A. Establishment.
4 (a) General rule.--A solid waste deposit fee of $50 per ton
5 is imposed for all solid waste that is disposed of at a
6 municipal waste landfill and resource recovery facility. The
7 operator of the landfill or facility shall pay such fee.
8 (b) Alternative calculation.--The fee for an operator of a
9 municipal waste landfill and resource recovery facility that
10 does not weigh solid waste when it is received shall be
11 calculated as if three cubic yards were equal to one ton of
12 solid waste.
13 (c) Waste weight requirement.--On and after January 1, 2002,
14 each operator of a municipal waste landfill and resource
15 recovery facility that has received 30,000 or more cubic yards
16 of solid waste in the previous calendar year shall weigh all
17 solid waste when it is received. The scale used to weigh solid
18 waste shall conform to the requirements of 3 Pa.C.S. Ch. 41
19 (relating to weights and measures), and the regulations
20 promulgated pursuant thereto. The operator of the scale shall be
21 a licensed public weighmaster under 3 Pa.C.S. Ch. 41 and the
22 regulations promulgated pursuant thereto.
23 Section 402-A. Form and timing of solid waste deposit fee
24 payment.
25 (a) Quarterly payments.--Each operator of a municipal waste
26 landfill and resource recovery facility shall make the solid
27 waste deposit fee payment quarterly. The fee shall be paid on or
28 before the 20th day of April, July, October and January for the
29 three months ending the last day of March, June, September and
30 December.
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1 (b) Quarterly reports.--Each solid waste deposit fee payment
2 shall be accompanied by a form prepared and furnished by the
3 department and completed by the operator. The form shall state
4 the total weight or volume of solid waste received by the
5 facility during the payment period and provide any other
6 aggregate information deemed necessary by the department to
7 carry out the purposes of this article. The operator shall sign
8 the form.
9 (c) Timeliness of payment.--The operator shall be deemed to
10 have made a timely payment of the fee if the operator complies
11 with all of the following:
12 (1) The enclosed payment is for the full amount owed
13 pursuant to this section and no further departmental action
14 is required for collection.
15 (2) The required form accompanies the payment, and such
16 form is complete and accurate.
17 (3) The letter transmitting the payment that is received
18 by the department is postmarked by the United States Postal
19 Service on or prior to the final day on which the payment is
20 to be received.
21 (d) Discount.--Any operator that makes a timely payment of
22 the solid waste deposit fee as provided in this section shall be
23 entitled to credit and apply against the fee payable a discount
24 of 1% of the amount of the fee collected.
25 (e) Refunds.--Any operator who believes he has overpaid the
26 solid waste deposit fee may file a petition for refund to the
27 department. If the department determines that the operator has
28 overpaid the fee, the department shall refund to the operator
29 the amount due him, together with interest at a rate established
30 pursuant to section 806.1 of the act of April 9, 1929 (P.L.343,
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1 No.176), known as The Fiscal Code, from the date of overpayment.
2 No refund of the solid waste deposit fee shall be made unless
3 the petition for the refund is filed with the department within
4 six months of the date of the overpayment.
5 (f) Alternative proof of payment.--For purposes of this
6 section, presentation of a receipt indicating that the payment
7 was mailed by registered or certified mail on or before the due
8 date shall be evidence of timely payment.
9 Section 403-A. Collection and enforcement of fee.
10 (a) Interest.--If an operator fails to make a timely payment
11 of the solid waste deposit fee required by this article, the
12 operator shall pay interest on the unpaid amount due at the rate
13 established pursuant to section 806 of the act of April 9, 1929
14 (P.L.343, No.176), known as The Fiscal Code, from the last day
15 for timely payment to the date paid.
16 (b) Additional penalty.--In addition to the interest
17 provided in subsection (a), if an operator fails to make timely
18 payment of the solid waste deposit fee, there shall be added to
19 the amount of fee actually due 5% of the amount of such fee, if
20 the failure to file a timely payment is for not more than one
21 month, with an additional 5% for each additional month, or
22 fraction thereof, during which such failure continues, not
23 exceeding 25% in the aggregate.
24 (c) Assessment notices.--
25 (1) If the department determines that any operator has
26 not made a timely payment of the solid waste deposit fee, it
27 shall send the operator a written notice of the amount of the
28 deficiency within 30 days of determining such deficiency.
29 When the operator has not provided a complete and accurate
30 statement of the weight or volume of solid waste received at
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1 the facility for the payment period, the department may
2 estimate the weight or volume in its notice.
3 (2) The operator charged with the deficiency shall have
4 30 days to pay the deficiency in full or, if the operator
5 wishes to contest the deficiency, forward the amount of the
6 deficiency to the department for placement in an escrow
7 account with the State Treasurer or any bank in this
8 Commonwealth, or post an appeal bond in the amount of the
9 deficiency. Such bond shall be executed by a surety licensed
10 to do business in this Commonwealth and be satisfactory to
11 the department. Failure to forward the money or the appeal
12 bond to the department within 30 days shall result in a
13 waiver of all legal rights to contest the deficiency.
14 (3) If, thorough administrative or judicial review of
15 the deficiency, it is determined that the amount of
16 deficiency shall be reduced, the department shall within 30
17 days remit the appropriate amount to the operator, with any
18 interest accumulated by the escrow deposit.
19 (4) The amount determined after administrative hearing
20 or after waiver of administrative hearing shall be payable to
21 the Commonwealth and shall be collectible in the manner
22 provided by law.
23 (5) Notwithstanding any other provision of law to the
24 contrary, there shall be a statute of limitations of five
25 years upon actions brought by the Commonwealth pursuant to
26 this section.
27 (6) If any amount due hereunder remains unpaid 30 days
28 after receipt of notice thereof, the department may order the
29 operator of the facility to cease receiving any solid waste
30 until the amount of the deficiency is completely paid.
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1 (d) Filing of appeals.--Notwithstanding any other provision
2 of law, all appeals of final department actions concerning the
3 resource recovery fee, including, but not limited to, petitions
4 for refunds, shall be filed with the Environmental Hearing
5 Board.
6 (e) Constructive trust.--All solid waste deposit fees
7 collected by an operator and held by such operator prior to
8 payment to the department shall constitute a trust fund for the
9 Commonwealth, and such trust shall be enforceable against such
10 operator, its representatives and any person receiving any part
11 of such fund without consideration or with knowledge that the
12 operator is committing a breach of the trust. Any person
13 receiving payment of lawful obligation of the operator from such
14 fund shall be presumed to have received the same in good faith
15 and without any knowledge of the breach of trust.
16 (f) Remedies cumulative.--The remedies provided to the
17 department in this section are in addition to any other remedies
18 provided at law or in equity.
19 Section 404-A. Records.
20 Each operator shall keep daily records of all deliveries of
21 solid waste to the facility as required by the department,
22 including, but not limited to, the name and address of the
23 hauler, the source of the waste, the kind of waste received and
24 the weight or volume of the waste. A copy of these records shall
25 be maintained at the site by the operator for no less than five
26 years and shall be made available to the department and the host
27 municipality for inspection, upon request.
28 Section 405-A. Surcharge.
29 Notwithstanding the provisions of any law to the contrary:
30 (1) The operator may collect the solid waste disposal
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1 fee imposed by this article as a surcharge on any fee
2 schedule established pursuant to law, ordinance, resolution
3 or contract for solid waste processing or disposal operations
4 at a facility.
5 (2) Any person who collects or transports solid waste
6 subject to a municipal waste landfill or resource recovery
7 facility may impose a surcharge on any fee schedule
8 established pursuant to law, ordinance, resolution or
9 contract for the collection or transportation of solid waste
10 to the facility. The surcharge shall be equal to the increase
11 in disposal fees at the facility attributable to the solid
12 waste deposit fee. However, interest and penalties on the fee
13 under section 402-A(a) and (b) may not be collected as a
14 surcharge.
15 Section 406-A. Waste Deposit Fee Fund.
16 (a) Establishment.--All fees received by the department
17 pursuant to this article shall be paid into the State Treasury
18 into a special fund to be known as the Solid Waste Deposit Fee
19 Fund, which is hereby established.
20 (b) Appropriation.--All moneys placed in the Solid Waste
21 Deposit Fee Fund are hereby appropriated to the department for
22 the purposes set forth in this section. The department shall
23 annually submit to the Governor for his approval estimates of
24 amounts to be expended under this article.
25 (c) Allocations.--The department shall, to the extent
26 practicable, allocate the moneys received by the Solid Waste
27 Deposit Fee Fund, including all interest generated thereon, in
28 the following manner over the life of the fund:
29 (1) At least 50% shall be expended by the department for
30 reimbursement to municipalities for the reduction of school
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1 tax assessment. These moneys would only be available to a
2 municipality that cuts the tax millage rate on property
3 owners in that district. Fifty percent of the money disbursed
4 to each municipality must be used by that municipality to
5 abate school taxes in that municipality. Each municipality
6 must submit a plan to the department before a disbursement
7 from the fund is made. This plan must clearly describe and
8 itemize expenditures that the municipality will put the funds
9 toward.
10 (2) Up to 10% may be expended by the department for
11 grants for municipal infrastructure development.
12 (3) Up to 30% may be expended by the department for
13 municipal recycling development, public information, public
14 education and technical assistance programs concerning litter
15 control, recycling and waste reduction, including technical
16 assistance programs for counties and other municipalities,
17 for research and demonstration projects and for other
18 purposes consistent with this act.
19 (4) No more than 3% may be expended for the collection
20 and administration of moneys in the fund.
21 (d) Transfer.--On the first day of the 16th year after the
22 solid waste disposal fee imposed by this article becomes
23 effective, all moneys in the Solid Waste Deposit Fee Fund that
24 are not obligated shall be transferred to the Solid Waste
25 Abatement Fund and expended in the same manner as other moneys
26 in the Solid Waste Abatement Fund. On the first day of the 19th
27 year after the fee imposed by this article becomes effective,
28 all moneys in the recycling fund that are not expended shall be
29 transferred to the Solid Waste Abatement Fund and expended in
30 the same manner as other moneys in the Solid Waste Abatement
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1 Fund.
2 (e) Advisory committee.--The secretary shall establish a
3 Solid Waste Deposit Fee Advisory Committee composed of
4 representatives of counties, other municipalities, municipal
5 authorities, the municipal waste management industry, the
6 municipal waste recycling industry, the municipal waste
7 generating industry and the general public. The committee shall
8 also include members of the General Assembly, one appointed by
9 each of the following: the President pro tempore of the Senate,
10 the Minority Leader of the Senate, the Speaker of the House of
11 Representatives and the Minority Leader of the House of
12 Representatives. The committee shall meet at least annually to
13 recommend priorities on expenditures from the fund and to advise
14 the secretary on associated activities concerning the
15 administration of the fund. The department shall reimburse
16 members of the committee for reasonable travel, hotel and other
17 necessary expenses incurred in performance of their duties under
18 this section.
19 (f) Annual reports.--The department shall submit an annual
20 report to the General Assembly on receipts to and disbursements
21 from the Solid Waste Deposit Fee Fund in the previous fiscal
22 year, projections for revenues and expenditures in the coming
23 fiscal year.
24 Section 2. This act shall take effect in 60 days.
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