Is there preemption?
Yes.
What is the preemption statute?
- Waste management & recycling is controlled by the Municipal Planning, Recycling, and Waste Reduction Act (Act 101)[1] and The Waste Transportation Safety Act (Act 90).[2]
- Municipalities are limited in their ability to provide recycling services and programs outside those outlined in Act 101.
- Municipalities “shall have the power and its duty shall be to assure the proper and adequate transportation, collection and storage of municipal waste which is generated or present within its boundaries, to assure adequate capacity for the disposal of municipal waste generated within its boundaries by means of the procedure set forth in section 1111 [of Act 101], and to adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials as provided in this act.” .
- Municipalities are limited to drafting waste disposal and recycling plans that conform to state requirements imposed under Solid Waste Management Act[3] and the plans must also be approved by the state before implementation.
- Most municipalities’[recycling programs and ordinances must also conform to regulations set forth by the DEP in Title 25, Chapter 272, §§ 272.421 – 272.427.
Key Cases
Pa. Bethlehem Landfill Corp. v. County of Lehigh, 887 A.2d 1289, 1292 (Pa. Comm Ct. 2005)
- Court found the county’s licensing and administrative fee to be paid by waste haulers to fund planning and recycling programs of the county office of solid waste management was preempted by Act 101.
Pa. Indep. Waste Haulers v. County of Northumberland, 885 A.2d 1106 (Pa. Comm. Ct. 2005)
- Act 101 provides a comprehensive recycling plan and that the legislature did not intend it to be supplemented by municipal bodies.