Can Licensing Fee Be Imposed on Vehicles That Travel Through a Township Under the Recycling and Waste Reduction Act ?
In Kasper Brothers, Inc. v. Falls Township, 672 A.2d 1386 (Pa. Cmwlth. 1996) the Court determined that Recycling and Waste Reduction Act only granted the authority to impose a licensing fee on operators of waste hauler vehicles which were operating in the county.
The ordinance at issue sought to impose a licensing fee on vehicles that merely traveled through the township.
The trial court interpreted Recycling and Waste Reduction Act to allow licensing of waster haulers "operating within the boundaries of the municipality," but found that operating within the boundaries did not mean just driving through the municipality, but meant actually conducting activities within the boundaries of the municipality. Kasper Brothers, Inc., 672 A.2d at 1389.
The Court agreed with the trial court and concluded that Recycling and Waste Reduction Act provided neither the county nor the township the authority to impose such an ordinance.