Licensing Fee on Waste Hauling Vehicle Transporting Waste
In Kasper Brothers, Inc. v. Falls Township, 672 A.2d 1386 (Pa. Cmwlth.), petition for allowance of appeal denied, 546 Pa. 649, 683 A.2d 886 (1996) a "host municipality" of a landfill passed an ordinance imposing a $ 100.00 licensing fee on each waste hauling vehicle transporting waste through the municipality to the landfill.
In affirming the trial court's determination that the fee was illegal, this Court stated the following, in pertinent part:
The trial court, in a well-reasoned opinion, rejected [the] Township's argument that, as a host municipality, it is authorized to impose this additional licensing fee upon waste haulers' vehicles.
Act 101 granted the power to license waste haulers' vehicles to the counties, not to the municipalities.
Nowhere in Act 101 is a municipality authorized to license waste haulers' vehicles.
The only additional authority Act 101 granted to host municipalities is that found in Section 4000.304(b), supra, regarding reasonable ordinances regulating the hours and days vehicles may deliver waste to the landfills. Kaspar Brothers, Inc., 672 A.2d at 1389.