Pennsylvania Consolidated Statutes

27 Pa. Cons. Stat. § 6301 (2026)

 Disposal fee for municipal waste landfills.

✓ current as of May 2026
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CHAPTER 63

DISPOSAL FEE

Sec.

6301.  Disposal fee for municipal waste landfills.

6302.  Deposit of disposal fee.

6303.  Surcharge.

6304.  Sunset.

6305.  Allocation for Environmental Stewardship Fund.

6306.  Adjustments.

 

Enactment.  Chapter 63 was added June 29, 2002, P.L.596, No.90, effective in ten days.

§ 6301.  Disposal fee for municipal waste landfills.

(a)  Imposition.--Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall pay, in the same manner prescribed in Chapter 7 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a disposal fee of $4 per ton for all solid waste disposed of at the municipal waste landfill. The fee established in this section shall apply to process residue and nonprocessible waste from a resource recovery facility that is disposed of at the municipal waste landfill and is in addition to the fee established in section 701 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The fee established by this subsection shall not be subject to the provisions of section 701(d) of the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b)  Exceptions.--The fee established under this section shall not apply to the following:

(1)  Process residue and nonprocessible waste that is permitted for beneficial use or for use as alternate daily cover at a municipal waste landfill.

(2)  Solid waste from a hazardous waste treatment facility that is converted into nonhazardous waste and disposed of at a municipal waste landfill.

(c)  Operator.--For purposes of imposition of the disposal fee under this section, the term "operator" shall be defined consistent with the definition of "operator" in the Municipal Waste Planning, Recycling and Waste Reduction Act and shall include municipalities or municipal authorities that operate disposal facilities.

(July 13, 2005, P.L.213, No.45, eff. imd.)

 

2005 Amendment.  Section 7 of Act 45 provided that the amendment of section 6301 shall be retroactive to July 9, 2002. Section 8 of Act 45 provided that the amendment of section 6301 shall be considered as a codification of the law in effect on July 9, 2002.

Cross References.  Section 6301 is referred to in sections 6302, 6303 of this title.

Notes of Decisions
Cited in 6 cases, 2003–2017 · leading case: South Union Twp. v. Commonwealth, 839 A.2d 1179 (Pa. Commw. Ct. 2003).
South Union Twp. v. Commonwealth, 839 A.2d 1179 (Pa. Commw. Ct. 2003). · cites it 3× “” 27 Pa. C.S. § 6301(a). Petitioners have simply not pleaded facts to show that this disposal fee is not imposed uniformly or that the classification clearly, palpably, and plainly violates the Constitution.”
Philadelphia Beverage Ass'n v. City of Philadelphia & Frank Breslin, in His Off. Capacity as Comm'r of the Philadelphia Dep't of Revenue, 164 A.3d 576 (Pa. Commw. Ct. 2017). · cites it 2× “’ 27 Pa. C.S. §6301(a). Petitioners have simply not pleaded facts to show that this disposal fee is not imposed uniformly or that the classification clearly, palpably, and plainly violates the Constitution.”
N. Tier Solid Waste Auth. v. Commonwealth, Dep't of Revenue, 860 A.2d 1173 (Pa. Commw. Ct. 2004). · cites it 2× “” 27 Pa.C.S. § 6301(a). To interpret this language as the Authorities advocate ignores the word “disposal” and disregards several rules of statutory construction.”
Pennsylvania Waste Indus. Ass'n v. Monroe Cnty. Mun. Waste Mgmt. Auth., 80 A.3d 546 (Pa. Commw. Ct. 2013). “§ 6112 (an amount equal to 25 cents per ton of weighted waste or 25 cents per three cubic yards of volume-measured waste for all solid waste received at the landfill), and by Section 6301 of Act 90 of 2002 (Act 90), 27 Pa.C.S. § 6301 (a disposal fee of $4 per ton for all solid…”
Seneca Landfill, Inc. v. Dep't of Env't Prot., 948 A.2d 916 (Pa. Commw. Ct. 2008). · cites it 4× “In accordance with Act 90, 27 Pa.C.S. § 6301(a), municipal waste landfill operators were required to pay a disposal fee of $4.”
Joseph J. Brunner, Inc. v. Dep't of Env't Prot., 869 A.2d 1172 (Pa. Commw. Ct. 2005). “The statute in question is 27 Pa.C.S. § 6301. Section 6301 was enacted in October of 2002 and provides in relevant part: Disposal fee for municipal waste landfills (a) Imposition: Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall…”
— 27 Pa. Cons. Stat. § 6301(a) — 4 cases
South Union Twp. v. Commonwealth, 839 A.2d 1179 (Pa. Commw. Ct. 2003). “” 27 Pa. C.S. § 6301(a). Petitioners have simply not pleaded facts to show that this disposal fee is not imposed uniformly or that the classification clearly, palpably, and plainly violates the Constitution.”
Philadelphia Beverage Ass'n v. City of Philadelphia & Frank Breslin, in His Off. Capacity as Comm'r of the Philadelphia Dep't of Revenue, 164 A.3d 576 (Pa. Commw. Ct. 2017). “’ 27 Pa. C.S. §6301(a). Petitioners have simply not pleaded facts to show that this disposal fee is not imposed uniformly or that the classification clearly, palpably, and plainly violates the Constitution.”
N. Tier Solid Waste Auth. v. Commonwealth, Dep't of Revenue, 860 A.2d 1173 (Pa. Commw. Ct. 2004). “” 27 Pa.C.S. § 6301(a). To interpret this language as the Authorities advocate ignores the word “disposal” and disregards several rules of statutory construction.”
Seneca Landfill, Inc. v. Dep't of Env't Prot., 948 A.2d 916 (Pa. Commw. Ct. 2008). “In accordance with Act 90, 27 Pa.C.S. § 6301(a), municipal waste landfill operators were required to pay a disposal fee of $4.”
— 27 Pa. Cons. Stat. § 6301(b)(1) — 1 case
Seneca Landfill, Inc. v. Dep't of Env't Prot., 948 A.2d 916 (Pa. Commw. Ct. 2008). “In accordance with Act 90, 27 Pa.C.S. § 6301(a), municipal waste landfill operators were required to pay a disposal fee of $4.”
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