§ 51.01  FEES FOR SOLID WASTE DISPOSAL IN A FINAL DISPOSAL FACILITY.
   (A)   There is established a fee of $0.50 per ton on the disposal of solid waste in any final disposal facility located within the county solid waste management district.
   (B)   For purposes of collecting this fee, the owner or operator of a facility which annually receives, on average, less than 200 tons of solid waste each day, and does not have a scale suitable for weighing the solid waste received, may determine the weight of solid waste received by applying the following conversion factors:
      (1)   Three and three-tenths cubic yards of compacted solid waste equals one ton of solid waste; and
      (2)   Six cubic yards of uncompacted solid waste equals one ton of solid waste.
   (C)   The owner or operator of any final disposal facility within the district shall collect the district fee from persons delivering solid waste to that facility. The owner or operator may deduct from the fees an amount equal to 1% of the fees collected and may retain this amount as a commission for collecting and remitting the fees.
   (D)   The owner or operator shall remit the net fees collected during a month, after  deductions  for commissions, to the fiscal officer of the county solid waste management district within ten days after the last day of the month in which the fees are collected. At the time fees are remitted, the owner or  operator shall submit a fee collection report showing the tonnage of waste received, fees collected, amount of commissions and net fees.
   (E)   The solid waste disposal fee shall not be imposed on the disposal of solid waste by a person  that:
      (1)   Generated the solid waste; and
      (2)   Disposes of the solid waste at a sight that is:
         (a)   Owned by that person; and
         (b)   Limited, for purposes of the disposal of solid waste, to use by that person for the disposal of solid waste generated by that person.
   (F)   The solid waste disposal fee shall not be imposed on solid waste that is received at a final disposal facility under a contract entered into before January, 1990, unless the contract has a pass-through provision by which the transporter of the solid waste may recover the fees from the transporter’s clients.
(Res. passed 4-4-1991)