A second request for appeal by Snyder County officials was denied in November 2006 by the state Supreme Court.  The appeal was in response to the Lycoming Court of Common Pleas finding administrative fees illegal in five northern counties.

In February 2005, the Court declared the fees illegal in Northumberland, Union, Columbia, Montour, and Snyder Counties.  The judge contended that "recycling is not included in the definition of either 'processing' or 'disposal' as it relates to Section 303 of Act 101, which grants counties power to implement an approved plan in regards to processing and disposal of municipal waste".  The ruling for these northern counties was upheld by Commonwealth Court in October 2005.

Most decided not appeal as long as Independent Waste Haulers did not ask for fee money from previous years to be retured, but Snyder County officials went on to appeal because the fees were collected through its solid waste authority.  However, the appeals judge stated "the Authority is acting pursuant to the power and duty designated to it by Snyder County".  (You can download the first Lycoming County decision here.)

County officials moved forward with a second appeal to be heard at the state Supreme Court.  That request was denied in November 2006. To date, all court issues on this topic that were outstanding are closed.  Now the time for negotiations between affected counties and the waste industry on what will happen next.  Many counties impose such administrative fees to help fund recycling, special programs, local grant matches, or staffing of recycling and waste management offices. A list of fees and projected income to counties shows that the funds generated for counties appear to be in excess of $6 million annually.  PROP, SWANA, CCAP, PMAA, landfill owners and the waste industry all need to come to the table, and soon, to talk about ideas and create a piece of legislation that is fair to all parties.