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(d) Sunset for fee.--((d) repealed Oct. 30, 2017, P.L.379, No.40)
(701 amended May 12, 2010, P.L.189, No.24)
Compiler's Note: Section 15 of Act 57 of 1997 provided that section 701 is repealed insofar as it is inconsistent with Act 57.
The act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, referred to in subsec. (c), was repealed by the act of December 18, 1996 (P.L.1028, No.155).
The act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, referred to in subsec. (c), was repealed by the act of December 18, 1996 (P.L.135, No.64).