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Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.308. Collection and enforcement of fee

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(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,  1 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 for not more than one 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 commercial hazardous waste treatment or disposal facility has not made a timely payment of the host municipality benefit fee, it shall 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 hazardous waste received at the facility 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 a payment of lawful obligation of the operator from such trust 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.--All fees, interest and penalties and any other assessments shall be collectible 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 Commonwealth or the host municipality, as the case may be, upon the property of such person, but only after same has been entered and docketed of record by the prothonotary of the county where such property is situated.  The Commonwealth or host municipality, as the case may be, may at any time transmit to the prothonotaries of the respective counties certified copies of all such judgments, and it shall be the duty of each prothonotary to enter and docket the same of record in his office, and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

(f) Remedies cumulative.--The remedies provided to host municipalities in this section are in addition to any other remedies provided at law or in equity.

1  72 P.S. § 806.

Cite this article: - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.308. Collection and enforcement of fee - last updated January 01, 2019 |

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