Section 4000.1303 - Collection and enforcement of fee(a)Interest.--If an operator fails to make a timely payment of the host municipality benefit fee, the operator shall pay interest on the unpaid amount due at the rate established pursuant to section 806 of the act of April 9, 1929 (P.L. 343, No. 176), known as The Fiscal Code, from the last day for timely payment to the date paid.(b)Additional penalty.--In addition to the interest provided in subsection (a), if an operator fails to make timely payment of the host municipality benefit fee, there shall be added to the amount of fee actually due 5% of the amount of such fee, if the failure to file a timely payment is for not more than one month, with an additional 5% for each additional month, or fraction thereof, during which such failure continues, not exceeding 25% in the aggregate.(c)Assessment notices.--If the host municipality determines that any operator of a municipal waste landfill or resource recovery facility has not made a timely payment of the host municipality benefit fee, it will send a written notice for the amount of the deficiency to such operator within 30 days from the date of determining such deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of solid waste received at the landfill or facility for the payment period, the host municipality may estimate the weight or volume in its deficiency notice.(d)Constructive trust.--All host municipality benefit fees collected by an operator and held by such operator prior to payment to the host municipality shall constitute a trust fund for the host municipality, and such trust shall be enforceable against such operator, its representatives and any person receiving any part of such fund without consideration or with knowledge that the operator is committing a breach of the trust. However, any person receiving payment of lawful obligation of the operator from such fund shall be presumed to have received the same in good faith and without any knowledge of the breach of trust.(e)Manner of collection.--The amount due and owing under section 1301 shall be collectible by the host municipality in the manner provided in section 1709.(f)Remedies cumulative.--The remedies provided to host municipalities in this section are in addition to any other remedies provided at law or in equity. 1988, July 28, P.L. 556, No. 101, § 1303, effective in 60 days.