In this case the Commonwealth Court was asked to further elaborate on its holding in City of Reading v. Iezzi, 78 A.3d 1257 (Pa. Cmwlth. 2013). Iezzi held that a municipal recycling fee covering all costs associated with a municipality’s recycling program violated Act 101. Specifically, the issue was whether a partial fee was also in violation of Act 101.  While the court remanded the matter for further analysis by the trial court based on its recent decision in Waste Management of Pennsylvania, Inc. v. Department of Environmental Protection, 107 A.3d 273 (Pa. Cmwlth. 2015), the court did hold that a home rule municipality may rely on powers granted to it under its previous governing statute, in this case the Third Class Cities Code.

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