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1. Host Municipality Benefit Fee.
A. Imposition. There is imposed a host municipality benefit fee upon the operator of each landfill, resource recovery facility, or facility or operation dealing with waste as herein defined that has a currently existing permit or receives any new permit from the Department of Environmental Protection pursuant to the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act of the Commonwealth of Pennsylvania, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and the Solid Waste Management Act of the Commonwealth of Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S., § 6018.101 et seq., and the Act of July 13, 1988, P.L. 525, No. 93, dealing with Infectious and Chemotherapeutic Waste Disposal, 35 P.S. § 6019.1 et seq. and the Hazardous Sites Cleanup Act of the Commonwealth of Pennsylvania, Act of October 18, 1988, P.L. 756, No. 108, 35 P.S. § 6020.101 et seq., and the Air Pollution Control Act of the Commonwealth of Pennsylvania, Act of January 8, 1960, P.L. (1959), No. 2119, as amended, 35 P.S. § 4001 et seq. The fee shall be paid to the host municipality. If the host municipality owns or operates the landfill or facility, the fee shall not be imposed for waste generated within such municipality. If the landfill or facility is located within more than one host municipality, the fee shall be apportioned among them according to the percentage of the permitted area located in each municipality.
B. Amount. The fee is $1 per ton of weighed waste or $1 per three cubic yards of volume-measured waste for all waste received or generated at a landfill, resource recovery facility, or facility or operation dealing with waste as herein defined. Any amounts paid by an operator to a host municipality pursuant to a preexisting agreement shall serve as a credit against the fee amount imposed by this section.
C. Municipal Options. Nothing in this Part shall prevent a host municipality from receiving a higher fee or receiving the fee in a different form or at different times than provided in any of the legislative enactments dealing with waste as has been defined within this Part, if the host municipality and the operator of the landfill, resource recovery facility, or facility or operation dealing with waste as herein defined agree in writing.
D. Supersede. The fee imposed by this section shall preempt and supersede any tax imposed on each municipal waste landfill or resource recovery facility under the act of December 31, 1965 (P.L. 1257, No. 511), known as the "Local Tax Enabling Act" which is in excess of the amount imposed on or before December 31, 1987.
E. County Options. Nothing in this Part shall prevent a host county from negotiating a fee or fee in a different form, if the host county and the operator of the landfill, resource recovery facility, or facility or operation dealing with waste as herein defined agree in writing. Any county which has negotiated a fee as of the effective date of this act may require that the fee be continued.
2. Form and Timing of Host Municipality Benefit Fee Payment.
A. Quarterly Payment. Each operator shall make the host municipality benefit fee payment quarterly. The fee shall be paid on or before April 20, July 20, October 20 and January 20 for the 3 months ending the last day of March, June, September and December.
B. Quarterly Reports. Each host municipality benefit fee payment shall be accompanied by a form prepared, furnished and completed by the operator. The form shall state the weight or volume of waste received or generated by the landfill or facility or operation during the payment period and provide such other information deemed necessary by the Township. The form shall be signed by the operator.
C. Timeliness of Payment. An operator shall be deemed to have made a timely payment of the host municipality benefit fee if all of the following are met:
(1) The enclosed payment is for the full amount owed pursuant to this Section, and no further host municipality action is required for collection.
(2) The payment is accompanied by the required form and such 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.
D. Discount. Any operator that makes a timely payment of the host municipality benefit fee as provided in this Section shall be entitled to credit and apply against the fee payable by him a discount of 1% of the amount of the fee collected by him.
E. Alternative 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.
3. Collection and Enforcement of Fee.
A. 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 pursuant to section 806 of the Act of April 9, 1929 (P.L. 343, No. 176), known as the fiscal code, from the last day for timely payment to the date paid.
B. Additional Penalty. In addition to the interest provided in subsection (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 such fee, if the failure to file a timely payment is not for more than 1 month, with an additional 5% for each additional month, or fraction thereof, during which such failure continues, not exceeding 25% in the aggregate.
C. Assessment Notices. If the host municipality determines that any operator of a landfill, resource recovery facility, or facility or operation dealing with waste as herein defined 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 such operator within 30 days from the date of determining such deficiency. When the operator has not provided a complete and accurate statement of the weight or-volume of waste received or generated at the landfill, resource recovery facility, or facility or operation dealing with waste, as herein defined, for the payment period, the host municipality may estimate the weight or volume in its deficiency notice.
D. Constructive Trust. All host municipality benefit fees collected by an operator and held by such operator prior to payment to the host municipality shall constitute a trust fund for the host municipality, and such trust shall be enforceable against such operator, its representatives and any person receiving any part of such fund without consideration or with knowledge that the operator is committing a breach of the trust. However, any person receiving payment of lawful obligation of the operator from such fund shall be presumed to have received the same in good faith and without any knowledge of the breach of trust.
E. Manner of Collection. The amount due and owing as the host municipality benefit fee shall be collectable in any manner provided by law for the collection of debts. If the person liable to pay any such amount neglects or refuses to pay the same after demand, the amount, together with interest and any costs that may accrue, shall be a judgment in favor of the host municipality, upon the property of such person, but only after the same has been entered and docketed of record by the Prothonotary of the County where such property is situated.
F. Remedies Cumulative. The remedies provided to host municipalities in this Part are in addition to any other remedies provided at law or in equity.