Section 4000.1301 - Host municipality benefit fee(a)Imposition.--There is imposed a host municipality benefit fee upon the operator of each municipal waste landfill or resource recovery facility that has a valid permit on the effective date of this act or receives a new permit or permit that results in additional capacity from the department under the Solid Waste Management Act after the effective date of this act. The fee shall be paid to the host municipality. If the host municipality owns or operates the landfill or facility, the fee shall not be imposed for waste generated within such municipality. If the landfill or facility is located within more than one host municipality, the fee shall be apportioned among them according to the percentage of the permitted area located in each municipality.(b)Amount.--The fee is $1 per ton of weighed solid waste or $1 per three cubic yards of volume-measured solid waste for all solid waste received at a landfill or facility. Any amounts paid by an operator to a host municipality pursuant to a preexisting agreement shall serve as a credit against the fee amount imposed by this section.(c)Municipal options.--Nothing in this section or section 1302 shall prevent a host municipality from receiving a higher fee or receiving the fee in a different form or at different times than provided in this section and section 1302, if the host municipality and the operator of the municipal waste landfill or resource recovery facility agree in writing.(d)Supersede.--The fee imposed by this section shall preempt and supersede any tax imposed on each municipal waste landfill or resource recovery facility under the act of December 31, 1965 (P.L. 1257, No. 511), known as The Local Tax Enabling Act, which is in excess of the amount imposed on or before December 31, 1987.(e)County options.--Nothing in this act shall prevent a host county from negotiating a fee or fee in a different form, if the host county and the operator of the municipal waste landfill or resource recovery agree in writing. Any county which has negotiated a fee as of the effective date of this act may require that the fee be continued. 1988, July 28, P.L. 556, No. 101, § 1301, effective in 60 days.