(A) Host benefit fee. CLI shall pay the county a host benefit fee for each ton of nonhazardous solid waste deposited at the expanded landfill for disposal. The host benefit fee may be used by the county for such benefits, services and facilities as are customarily and legally permitted to be funded from the county’s General Fund.
(1) Calculation of host benefit fee.
(a) Commencing January 1, 2015, CLI shall pay to the county a host benefit fee of $2.54 for each ton of waste deposited at the expanded landfill for disposal.
(b) The host benefit fee shall be adjusted annually on January 1, beginning on January 1, 2031. The adjustment shall be calculated based on the increase in the United States Department of Labor, Bureau of Labor Statistics, U.S. City Average, Consumer Price Index (“CPI”) for all urban consumers. The host benefit fee shall not be decreased regardless of whether the CPI is negative for a given adjustment period. The first adjustment will be for the period from January 1, 2030 to December 31, 2030. The amount of any adjustment shall not exceed 2.3%.
(c) Notwithstanding the foregoing, commencing January 1, 2015, CLI shall only be required to pay to the county a host benefit fee of $1 for each ton of Coal Combustion Residuals (“CCR”), including but not limited to flyash, bottom ash, boiler slag, and flue gas desulfurization materials, deposited at the expanded landfill, with no COLA adjustment.
(2) Payment. The host benefit fee shall be payable to the county on a quarterly basis on or before the 20th day following the end of each calendar quarter.
(3) Payment form. Each host benefit fee payment shall be accompanied by a form prescribed by the county and stating the weight of waste deposited by the expanded landfill for disposal during the payment period and providing such other information as may be necessary for the county to assure compliance with this agreement. The form shall be signed by CLI. Any host benefit fee payment not received by the county by the above deadline shall be subject to a late charge of 1% of the total host benefit fee due.
(4) Audit. The county shall be entitled to audit the scale tickets of CLI once per calendar year to verify the amount of the host benefit fee payments.
(B) Rail unloading facility. The county supports and approves the permitting, development, construction and operation of the rail unloading facility by CLI, and the county agrees and acknowledges that operating a rail unloading facility at Clinton Landfill No. 3 does not require local siting approval from the DeWitt County Board under ILCS Ch. 415, Act 5, § 39.2 of the Illinois Environmental Protection Act. In addition to the host benefit fee payable under paragraph 11 of the host county agreement, CLI shall pay the county a rail unloading facility fee of $1.25 for each ton of waste unloaded at the rail unloading facility for deposit into Clinton Landfill No. 3. The payments shall be paid on or before the twentieth day following the end of each calendar quarter and shall be subject to the same documentation and verification requirements of the host benefit fee. Pursuant to the siting conditions, the county hereby gives its written permission that waste unloaded at the rail unloading facility shall not be included in calculating whether CLI has exceeded an average of 3,000 tons per day of waste deposited in Clinton Landfill No. 3. In order to facilitate the development of the rail unloading facility, the county hereby authorizes and approves the construction of a railroad crossing by CLI across County Highway No. 1, and upon the request of CLI, the county shall provide a resolution evidencing such authorization and approval to the Illinois Commerce Commission.
(Ord. passed 5-21-2015)