act-2002-0-175•Pennsylvania Act 2002-175 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - AMEND RECYCLING FEE SUNSET PROVISIONS, RECYCLING FUND, AWARDING OF GRANTS AND RECYCLING PROGRAM DEVELOPMENT
Pennsylvania Act 2002-175 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - AMEND RECYCLING FEE SUNSET PROVISIONS, RECYCLING FUND, AWARDING OF GRANTS AND RECYCLING PROGRAM DEVELOPMENT
act-2002-0-1752002 Pa. Act 175Law
Act text
MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - AMEND
RECYCLING FEE SUNSET PROVISIONS, RECYCLING FUND, AWARDING OF GRANTS AND
RECYCLING PROGRAM DEVELOPMENT
Act of Dec. 9, 2002, P.L. 1404, No. 175 Cl. 27
Session of 2002
No. 2002-175
HB 2190
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 defining "municipality";
further providing for the recycling fee sunset provisions,
for Recycling Fund and for awarding of grants; providing for
the development of a recycling program plan; and making a
repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "municipality" in section 103
of the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act, is
amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality. For the purposes of sections
902 and 904 only, the term shall include a council of
governments, consortium or other similar entities established by
two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation).
* * *
Section 2. Sections 701(d), 706(d) and 905(c) of the act are
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 [the first day of the 11th year following
the effective date of this act] January 1, 2009.
Section 706. Recycling Fund.
* * *
(d) Transfer.--On the first day of the [16th] 27th year
after the fee imposed by section 701 becomes effective, all
moneys in the Recycling Fund that are not obligated shall be
transferred to the Solid Waste Abatement Fund and expended in
the same manner as other moneys in the Solid Waste Abatement
Fund. On the first day of the [19th] 30th year after the fee
imposed by section 701 becomes effective, all moneys in the
Recycling Fund that are not expended shall be transferred to the
Solid Waste Abatement Fund and expended in the same manner as
other moneys in the Solid Waste Abatement Fund.
* * *
Section 905. General limitations.
* * *
(c) Other limitations on grants.--The department may not
award any grant under this chapter to any county or municipality
that has failed to comply with the conditions set forth in
previously awarded grants under this chapter, the requirements
of this chapter and any regulations promulgated pursuant
thereto, provided that the department shall not prohibit the
award of any grant to a county or municipality that has adopted
an ordinance allowing the limited burning of yard waste.
* * *
Section 3. The act is amended by adding a section to read:
Section 1513. Development of recycling program plan.
The department shall develop a plan to assist municipalities
in making recycling programs under this act financially self-
sufficient and shall submit the proposed plan to the General
Assembly within one year from the effective date of this
section. The plan shall:
(1) Include a market development program to be funded by
the Recycling Fund.
(2) Specifically address the extent to which municipal
recycling programs under this act can be sustained by
restructuring the allocation of available recycling grants
provided by Chapter 9.
(3) Include recommendations to county recycling
coordinators designed to encourage market development.
(4) Identify the specific means, including
recommendations for legislative changes, that the department
intends to use to assist municipalities in making their
recycling programs under this act self-sufficient.
Section 4. The provisions of 27 Pa.C.S. § 6112(a) are
repealed.
Section 5. This act shall take effect immediately.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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