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Commonwealth Court Rules Reading Cannot Charge Recycling Fee

The Reading Eagle reported on a Commonwealth Court ruling Wednesday which said the City of Reading may no longer charge a recycling fee of $82.33 a year to support its city-run recycling program.

Friday the City of Reading said it would appeal the ruling, but continue its recycling program and ask the Court for a stay in implementing its order to eliminate its fee pending appeal.

Click Here for a copy of the Court order, courtesy of the Professional Recyclers of PA.

In 2005 the Commonwealth Court rules counties cannot impose their own administrative fees to pay for recycling and waste management programs as a result of a case brought by the PA Waste Management Industries Association.  Fees charged by local governments to pay private haulers contracted with for recycling and waste services are not affected.

Legislation has been introduced since then to authorize county waste management fees, but without any final action.

Senate Bill 460 (Costa-D-Allegheny)-- summary-- now in the Senate Environmental Resources and Energy Committee would authorize county, but not local fees, for municipally run recycling programs.

In August of last year, the PA Waste Industries Association did lose a challenge to Monroe County’s new tipping fee/RFP structure in county court, but has since appealed the case.

NewsClips:

Court Rules Reading Cannot Impose Recycling Fee

Reading To Appeal Court Decision Killing Recycling Fee

DEP: Court Ruling Won’t Change Recycling Requirements


10/28/2013

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