§ 6301. Disposal fee for municipal waste landfills.

(a) Imposition.--Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall pay, in the same manner prescribed in Chapter 7 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a disposal fee of $4 per ton for all solid waste disposed of at the municipal waste landfill. The fee established in this section shall apply to process residue and nonprocessible waste from a resource recovery facility that is disposed of at the municipal waste landfill and is in addition to the fee established in section 701 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The fee established by this subsection shall not be subject to the provisions of section 701(d) of the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b) Exceptions.--The fee established under this section shall not apply to the following:

(1) Process residue and nonprocessible waste that is permitted for beneficial use or for use as alternate daily cover at a municipal waste landfill.

(2) Solid waste from a hazardous waste treatment facility that is converted into nonhazardous waste and disposed of at a municipal waste landfill.

(c) Operator.--For purposes of imposition of the disposal fee under this section, the term "operator" shall be defined consistent with the definition of "operator" in the Municipal Waste Planning, Recycling and Waste Reduction Act and shall include municipalities or municipal authorities that operate disposal facilities. (July 13, 2005, P.L.213, No.45, eff. imd.)

2005 Amendment. Section 7 of Act 45 provided that the amendment of section 6301 shall be retroactive to July 9, 2002. Section 8 of Act 45 provided that the amendment of section 6301 shall be considered as a codification of the law in effect on July 9, 2002.

Cross References. Section 6301 is referred to in sections 6302, 6303 of this title.