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PENN. WASTE v. MONROE CTY. MUNICIPAL WASTE

No. 51 C.D. 2013

80 A.3d 546 (2013)

PENNSYLVANIA WASTE INDUSTRIES ASSOCIATION, Appellant v. MONROE COUNTY MUNICIPAL WASTE MANAGEMENT AUTHORITY.

Commonwealth Court of Pennsylvania.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Maryanne Garber , Berwyn, for appellant.

H. Clark Connor , Swiftwater, for appellee.

BEFORE: PELLEGRINI, President Judge, McGINLEY, Judge, LEADBETTER, Judge, SIMPSON, Judge, BROBSON, Judge, McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge SIMPSON.

In this appeal of interest to counties and municipal authorities statewide, we are asked whether a municipal authority tasked with planning and implementing municipal waste disposal for Monroe County may set the "tipping fees" at private landfills. These fees cover disposal costs in the landfills as well as administrative costs and costs of other aspects of the county-wide waste disposal plan. Because the municipal authority does not own...

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