Section 283.264. Recycling fee

(a) On and after October 26, 1988, the operator of a resource recovery facility shall pay the 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 solid waste received and processed at the facility on and after October 26, 1988, including, but not limited to, residual waste, special handling wastes, waste tires and other solid waste received at the facility. The fee does not apply to the following:

(1) Recyclable or reusable material received and separated from other waste at a collection, transfer, composting or processing facility associated with the facility, and which are marketed in accordance with subsection (d).

(2) Nonprocessible waste received at the facility and disposed at a landfill.

(c) The fee shall be $2 per ton of weighed waste which is received and processed at the facility.

(d) The operator shall maintain complete and accurate records of the weight of materials which are salvaged and recycled from mixed waste after it has been received at the facility, the market where the materials were sent for recycling or reuse, the date that the materials were marketed and the weight of materials actually marketed for recycling. The operator may deduct the weight of materials salvaged and recycled from the facility 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.

The provisions of this § 283.264 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 page (226399).