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Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.305. Host Municipalities Fund

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(a) Establishment.--There is established within the State Treasury a separate account which shall be known as the Host Municipalities Fund.  Two million dollars annually of all proceeds or as much thereof as may be necessary from hazardous waste transportation and management fees imposed under section 903,  1 including any interest generated thereon, shall be deposited in the fund.

(b) Purpose.--The purpose of the fund is to provide host municipality assistance programs under section 304   2 and direct financial assistance to host municipalities with certain categories of commercial hazardous waste facilities within their jurisdiction.

(c) Appropriation.--All money placed in the fund is appropriated to the department for the purposes set forth in this section.

(d) Allocation.--The department shall annually allocate moneys in the fund for the following purposes:

(1) Conducting the host municipality inspector training program, employing a certified host municipality inspector, reimbursing municipalities and counties for independent evaluations and providing similar assistance related to the implementation of section 304.

(2) Providing a one-time payment, as provided in subsection (e)(2), to municipalities for each new or expanded commercial facility which is permitted after the effective date of this act which fulfills the commercial hazardous waste treatment or disposal capacity needs identified in the Pennsylvania Hazardous Waste Facilities Plan.

(e) Reimbursement amount.--

(1) At a minimum, each payment shall be in an amount sufficient to reimburse the host municipality for the host municipality's eligible share of any activities carried out under section 304.

(2) After a new or expanded commercial hazardous waste treatment or disposal facility is permitted and operating, the department shall distribute the balance contained in the fund after payments have been made under paragraph (1). The balance shall be distributed according to an allocation formula established by regulation.  The allocation formula shall do all of the following:

(i) Consider the degree to which the facility meets the hazardous waste capacity needs of the Commonwealth as identified in the Pennsylvania Hazardous Waste Facilities Plan under the Solid Waste Management Act.  3

(ii) Distribute funds to each host municipality based on all of the following:

(A) The toxicity, mobility and other characteristics of the hazardous waste.

(B) The proximity of the facility to persons or natural resources which would be endangered by the escape of the hazardous waste from the facility.

(C) The weight or volume of waste treated or disposed annually at the facility in proportion to the weight or volume of waste treated or disposed annually in this Commonwealth.

(D) The amount of waste disposed or treated at the facility generated inside this Commonwealth.

(3) A host municipality may expend money received under this subsection for any purpose for which the municipality is otherwise authorized by law to expend public funds, including, but not limited to, economic development activities and the payment on behalf of its residents of any county or school district taxes that would otherwise be imposed on its residents.

(f) Construction of section.--Nothing in this section shall be construed to prevent the host municipality and the owner or operator of a commercial hazardous waste treatment or disposal facility from entering contractual or other agreements by which the owner or operator provides additional benefits or fees to the host municipality.

1  35 P.S. § 6020.903.
2  35 P.S. § 6020.304.
3  35 P.S. § 6018.101 et seq.

Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.305. Host Municipalities Fund - last updated January 01, 2019 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-6020-305/


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