act-2006-0-140•Pennsylvania Act 2006-140 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - SUNSET FOR RECYCLING FEE AND FOR PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS
Pennsylvania Act 2006-140 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - SUNSET FOR RECYCLING FEE AND FOR PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS
act-2006-0-1402006 Pa. Act 140Law
Act text
MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - SUNSET FOR
RECYCLING FEE AND FOR PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS
Act of Nov. 9, 2006, P.L. 1347, No. 140 Cl. 27
Session of 2006
No. 2006-140
HB 1902
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 sunset for
recycling fee and for performance grants for municipal
recycling programs.
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 December 9, 2002
(P.L.1404, No.175), is amended to read:
Section 701. Recycling fee for municipal waste landfills and
resource recovery facilities.
* * *
(d) Sunset for fee.--No fee shall be imposed under this
section on and after January 1, [2009] 2012.
Section 2. Section 904(a) and (d) of the act are amended and
the section is amended by adding a subsection to read:
Section 904. Performance grants for municipal recycling
programs.
(a) Authorization.--The department shall award annual
performance grants for municipal recycling programs, upon
application from a municipality. The application shall be made
on a form prepared and furnished by the department. The
application shall contain such information as the department
deems necessary to carry out the provisions and purposes of this
act[.], including, but not limited to, information pertaining to
details of the applicant's recycling and composting programs.
* * *
(d) Prerequisites.--The department shall not award any grant
under this section unless [the application is complete and
accurate, and the materials were actually marketed. The
department shall not award any grant under this section for the
operation of a leaf waste composting facility.] it is
demonstrated to the department's satisfaction that:
(1) The application is complete and accurate.
(2) The materials were actually marketed.
(3) The materials have not been produced by a leaf or
other organics composting facility.
(4) Mandated curbside municipalities and other
municipalities, except for counties, receiving more than
$10,000 in funding under this section have met the following
performance requirements:
(i) Requires, through ordinance, that all residents
have waste and recycling service.
(ii) Has an implemented residential recycling
program and facilitates a commercial recycling program or
participates in a similar county or multimunicipal
program.
(iii) Has a residential and business recycling
education program.
(iv) Has a program of enforcement that periodically
monitors participation, receives complaints and issues
warnings for required participants and provides fines,
penalties, or both, in its recycling ordinance.
(v) Has provisions, participates in a county or
multimunicipal program or facilitates a private sector
program for the recycling of special materials.
(vi) Sponsors a program, facilitates a program or
supports an organization to address illegal dumping
and/or littering problems.
(vii) Has a person or entity designated as recycling
coordinator who is responsible for recycling data
collection and reporting recycling program performance in
the municipality or municipalities.
(5) If the requirements of paragraph (4) are not
satisfied by the municipality, then the grant funds awarded
under this section shall be expended by the municipality only
to satisfy the requirements of paragraph (4).
(6) If the requirements of paragraph (4) are satisfied
by the municipality, then the grant funds awarded under this
section may be expended by the municipality on any expense as
determined in the discretion of the municipality.
(e) Compliance.--The department may require budget documents
or other expenditure records and may deny funding through this
section if an applicant cannot demonstrate that funds have been
expended on eligible activities.
Section 3. This act shall take effect in 60 days.
APPROVED--The 9th day of November, A. D. 2006.
EDWARD G. RENDELL
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