(a) Imposition.--There shall be imposed a host municipality benefit fee upon the operator of each commercial hazardous waste treatment or disposal 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 Act¹ after the effective date of this act. The fee shall be paid to the host municipality. If the 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 shall be $1 per ton of weighed hazardous waste or $1 per three cubic yards of volume-measured hazardous waste for all hazardous waste received at a 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 307² 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 307, if the host municipality and the operator of the commercial hazardous waste treatment or disposal facility agree in writing.