The Commonwealth Court affirmed an Order of the Environmental Hearing Board denying Waste Management of Pennsylvania Inc.’s motion for summary judgment as to whether Clearfield County’s Municipal Waste Plan Revision violates Act 101, the state’s Municipal Waste Planning and Recycling Act. 

Waste Management appealed DEP’s approval of the County’s Revised Plan, claiming that the County’s request in the Plan’s RFP for voluntary contributions to help sustain the County’s Integrated Municipal Waste Management Program violated Act 101 and caselaw which have interpreted Act 101, because Act 101 preempts counties from obtaining funding for recycling programs in ways other than those specifically set forth in the express language of Act 101. 

The Court agreed with the Environmental Hearing Board that the prior caselaw spoke only of mandatory fees unilaterally imposed by counties, and held that “Act 101 contemplates some local financial assistance” not restricted to public sources. 

Rather, Act 101 is designed to allow counties to utilize the capabilities of private enterprise in accomplishing the objectives of an effective, comprehensive solid waste plan.  The Court rejected arguments that the County’s approach to its Revised Plan renders the Act 101 funding system non-uniform, and that Act 101 allows counties or other municipalities to attempt to avoid program costs as a means of funding recycling programs. 

The Court affirmed the EHB decisions and awaits a more fully developed record at the EHB level.

For more information, contact Paul Bruder, Rhoads & Sinon, by email to: pbruder@rhoads-sinon.com or call 717-231-6606.

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1/12/2015