§ 283.263. Host municipality benefit fee.
(a) Definition of act. For purposes of this section, the term ‘‘act’’ means the Municipal Waste Planning, Recycling and Waste Reduction Act.
(b) Host municipality benefit fee. On and after September 26, 1988, the operator of a resource recovery facility shall pay the host municipality benefit fee to the host municipality, in accordance with Chapter 13 of the act (53 P. S. § § 4000.1301—4000.1305). If the facility is located in more than one municipality, the fee shall be apportioned according to the percentage of the permitted area located in each municipality, as determined by the Department.
(c) Quarterly payment. Each operator of a resource recovery facility shall pay the host municipality benefit fee on a quarterly basis. The fee shall be paid on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December respectively.
(d) Quarterly reports. Each host municipality benefit fee payment shall be accompanied by a form prepared and furnished by the Department and completed by the operator. The form shall state the weight or volume of solid waste received by the facility during the payment period and provide other information deemed necessary by the Department to carry out the purposes of the act. The form shall be signed by the operator. A copy of the completed form shall be sent to the Department at the same time that the fee and form are sent to the host municipality.
(e) Timeliness of payment. An operator shall be deemed to have made a timely payment of the host municipality benefit fee if the following are met:
(1) The enclosed payment is for the full amount owed under this section, and no further host municipality action is required for collection.
(2) The payment is accompanied by the required form and the form is complete and accurate.
(3) The letter transmitting the payment that is received by the host municipality is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received.
(f) Discount. An operator that makes a timely payment of the host municipality benefit fee as provided in this section shall be entitled to credit and may apply against the fee payable by him a discount of 1% of the amount of the fee collected by him.
(g) Alternate proof. For purposes of this section, presentation of a receipt indicating that the payment was mailed by registered or certified mail on or before the due date shall be evidence of timely payment.
(h) Interest. If an operator fails to make a timely payment of the host municipality benefit fee, the operator shall pay interest on the unpaid amount due at the rate established under section 806 of The Fiscal Code (72 P. S. § 806) from the last day for timely payment to the date paid.
(i) Additional penalty. In addition to the interest provided in section 1303(a) of the act (53 P. S. § 4000.1303(a)), if an operator fails to make timely payment of the host municipality benefit fee, there shall be added to the amount of fee actually due 5% of the amount of the fee, if the failure to file a timely payment is for not more than 1 month, with an additional 5% for each additional month, or fraction thereof, during which the failure continues, not exceeding 25% in the aggregate.
(j) Assessment notices. If the host municipality determines that an operator of a resource recovery facility has not made a timely payment of the host municipality benefit fee, it will send a written notice for the amount of the deficiency to the operator within 30 days from the date of determining the deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of solid waste received at the facility for the payment period, the host municipality may estimate the weight or volume of its deficiency notice.
(k) Constructive trust. Host municipality benefit fees collected by an operator and held by the operator prior to payment to the host municipality shall constitute a trust fund for the host municipality. The trust shall be enforceable against the operator, its representatives and a person receiving any part of the fund without consideration or with knowledge that the operator is committing a breach of the trust. A person receiving payment of lawful obligation of the operator from the fund shall be presumed to have received the same in good faith and without knowledge of the breach of trust.
(l) Manner of collection. The amount due and owing under section 1301 of the act (53 P. S. § 4000.1301) shall be collectible by the host municipality in the manner provided in section 1709 of the act (53 P. S. § 1709).
(m) Remedies cumulative. The remedies provided to host municipalities in this section are in addition to other remedies provided at law or in equity.
(n) Records. Each operator that is required to pay the host municipality benefit fee shall keep daily records of deliveries of solid waste to the facility, as required by the host municipality, including, but not limited to, the name and address of the hauler, the source of the waste, the kind of waste received and the weight or volume of the waste. The records shall be maintained in this Commonwealth by the operator for at least 5 years and shall be made available to the host municipality for inspection upon request.
(o) Surcharge. The provisions of any law to the contrary notwithstanding, the operator of a resource recovery facility subject to Chapter 13 of the act may collect the host municipality benefit fee as a surcharge on a fee schedule established under law, ordinance, resolution or contract for solid waste disposal or processing operations at the facility. In addition, a person who collects or transports solid waste subject to the host municipality benefit fee to a resource recovery facility subject to Chapter 13 of the act may impose a surcharge on a fee schedule established under law, ordinance, resolution or contract for solid waste disposal or processing operations at the facility. In addition, a person who collects or transports solid waste subject to the host municipality benefit fee to a resource recovery facility subject to Chapter 13 of the act may impose a surcharge on a fee schedule established under law, ordinance, resolution or contract for the collection or transportation of solid waste to the facility. The surcharge shall be equal to the increase in processing or disposal fees at the facility attributable to the host municipality benefit fee. Interest and penalties on the fee under section 1303(a) and (b) of the act may not be collected as a surcharge.
(p) It is the duty of the operator of a resource recovery facility to fully cooperate with a host municipality inspector in the performance of the inspector’s duties.
Source The provisions of this § 283.263 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105.
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