Pennsylvania Waste Industries Ass'n v. Monroe County Municipal Waste Management Authority
2013 Pa. Commw. LEXIS 486
| Pa. Commw. Ct. | 2013Background
- Monroe County created a Waste Management Authority under the Authorities Act to plan and implement county-wide solid waste management under Act 101.
- Authority contracts with privately owned landfills to dispose of county waste and previously charged a $7/ton administrative fee via Disposal Service Agreements.
- 2010–2014 DEP notice and an agreement extending the 1998 Plan led to plans for a 2012 RFP to secure disposal capacity by purchasing airspace or an irrevocable license to use landfill capacity.
- The 2012 RFP would let the Authority set a tipping fee for County waste at designated landfills, including costs for airspace, landfill operating costs, and Integrated Waste Management System debt service.
- Appellant (Pennsylvania Waste Industries Association) challenged the Authority’s authority to set tipping fees at non-owned facilities and the inclusion of non-disposal costs; trial court denied the challenge; this court reviews de novo on law and defers on facts.
- The court ultimately holds: tipping fees cannot be set for private landfills without meaningful ownership/operation by the Authority; administrative services may be charged; Act 101 preempts only unauthorized recycling fees, not all local fees permissible by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Authority may set tipping fees at privately owned landfills. | Appellant contends no ownership/operation means no authority. | Authority argues second clause of §5607(d)(9) authorizes administrative charges and status as a delegee under Act 101. | Partially granted: not authorized under first clause; authorized to charge for administrative services under second clause. |
| Whether Act 101 preempts the Authority's tipping-fee scheme, particularly regarding recycling costs. | Act 101 preempts local fees funding recycling programs and other local charges. | Act 101 preempts only unauthorized recycling fees; other local fees may be permitted. | Act 101 preempts only unauthorized recycling fees; non-recycling local fees may be permissible. |
| Whether the Authority’s actions impermissibly compete with private landfills under §5607(b)(2). | Fees and the air-space arrangement unlawfully compete with private facilities. | Competition concerns are not established; findings support non-conflict. | moot to extent tipping-fee authority is rejected; competition issues not disturbed where tipping-fee issue is resolved. |
Key Cases Cited
- City of Reading v. Iezzi, 78 A.3d 1257 (Pa.Cmwlth. 2013) (express preemption of municipal recycling regulations under Act 101)
- County of Lehigh, 887 A.2d 1289 (Pa.Cmwlth. 2005) (local recycling fees preempted by Act 101; administrative fees scrutinized)
- County of Northumberland, 885 A.2d 1106 (Pa.Cmwlth. 2005) (local recycling fees preempted by Act 101)
- City of Reading v. Iezzi, 78 A.3d 1257 (Pa.Cmwlth. 2013) (Act 101 requires uniformity; preemption for recycling funding schemes)
- Northern Tier Solid Waste Authority v. Department of Revenue, 860 A.2d 1173 (Pa.Cmwlth. 2004) (preemption/fee imposition contexts discussed related to municipal waste)
- Morning Call, Inc. v. Bell Atlantic-Pennsylvania, 761 A.2d 139 (Pa. Super. 2000) (irrevocable licenses/easements distinction discussed in servitudes)
- Borough of Princeton v. Bd. of Chosen Freeholders of Cnty. of Mercer, 169 N.J. 135, 777 A.2d 19 (N.J. 2001) (ownership interest standards for landfill capacity arrangements)