§ 273.315. Recycling fee.
(a) On and after October 26, 1988, the operator of a municipal waste landfill shall pay a recycling fee in the form of a check payable to the “Commonwealth of Pennsylvania, Recycling Fund,” in accordance with Chapter 7 of the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.701—4000.706). This fee shall terminate in accordance with law.
(1) The recycling fee shall be paid on a quarterly basis, 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.
(2) A recycling fee payment shall be accompanied by a form provided by the Department and completed according to its instructions and hand-signed by the operator.
(b) The fee shall be paid for all solid waste, except process residue and nonprocessible waste from a resource recovery facility, that is received at the facility on and after October 26, 1988, including, but not limited to, residual waste, special handling wastes, waste tires and other solid wastes received at the landfill. The recycling fee does not apply to recyclable or reusable materials that are received or separated from other waste at a transfer, composting or processing facility associated with the landfill, and which are marketed in accordance with subsection (d).
(c) The fee shall be $2 per ton of weighed waste which is received at the landfill. If the facility is not required to weigh waste, the operator shall pay $2 per 3 cubic yards of volume-measured solid waste for solid waste received at a landfill or facility.
(d) The operator shall maintain complete and accurate records of the weight or volume of materials which are salvaged and recycled from mixed waste after it has been received at the landfill, the market where the materials were sent for recycling or reuse, the date the materials were sent to a market and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the landfill from the weight of waste for which the fee payment is made, but only for the quarter in which the materials were actually marketed for recycling. These records shall be kept by the operator for 5 years for audit purposes, and shall be made available to the Department or its auditors, or both, on request.
Source The provisions of this § 273.315 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5105; amended December 22, 2000, effective December 23, 2000, 30 Pa.B. 6685. Immediately preceding text appears at serial pages (226235) to (226236).
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