(A) General rates. Effective January 1, 2022, the charges for any persons, entities, or haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, delivering, to the Elkhart County Landfill, trash, waste, or refuse originating from Elkhart County, Indiana or from counties adjoining Elkhart County shall be set and fixed at $48 per ton. Said charges will increase on a yearly basis thereafter beginning as follows: January 1, 2023, $50 per ton; January 1, 2024, $52 per ton; January 1, 2025, $55 per ton; January 1, 2026, $60 per ton ("rate"). If such person, entity, or hauler delivers less than one ton, the rate may be prorated based on the weight delivered, however such charge may not be less than half of the then current one ton rate, as further set forth in division (D) below. The charges for any persons, entities, or haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, delivering, to the Elkhart County Landfill, trash, waste, or refuse originating outside of Elkhart County or from outside of counties adjoining Elkhart County shall be set and fixed at $100 per ton, or portion thereof, without proration.
(B) Contract rates.
(1) Effective January 1, 2022, haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who enter into an annual contract with the Elkhart County Landfill governing special rates based on annual tonnage delivered to the Elkhart County Landfill ("annual contract") may select one of the following rate groups:
(a) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 1,000 tons or more, but less than 8,000 tons annually, shall be set beginning as follows: January 1, 2022, $38 per ton; January 1, 2023, $40 per ton; January 1, 2024, $43 per ton; January 1, 2025, $46 per ton; January 1, 2026, $50 per ton.
(b) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 8,000 tons or more but less than 10,000 tons annually, shall be set beginning as follows: January 1, 2022, $37 per ton; January 1, 2023, $39 per ton; January 1, 2024, $42 per ton; January 1, 2025, $45 per ton; January 1, 2026, $49 per ton.
(c) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 10,000 tons or more, but less than 15,000 tons annually, shall be set beginning as follows: January 1, 2022, $36 per ton; January 1, 2023, $38 per ton; January 1, 2024, $41 per ton; January 1, 2025, $44 per ton; January 1, 2026, $48 per ton.
(d) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 15,000 tons or more, but less than 20,000 tons annually, shall be set beginning as follows: January 1, 2022, $35 per ton; January 1, 2023, $37 per ton; January 1, 2024, $40 per ton; January 1, 2025, $43 per ton; January 1, 2026, $47 per ton.
(e) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 20,000 tons or more, but less than 25,000 tons annually, shall be set beginning as follows: January 1, 2022, $34 per ton; January 1, 2023, $36 per ton; January 1, 2024, $39 per ton; January 1, 2025, $42 per ton, January 1, 2026, $46 per ton.
(f) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 25,000 tons or more, but less than 30,000 tons annually, shall be set beginning as follows: January 1, 2022, $33 per ton; January 1, 2023, $35 per ton; January 1, 2024, $38 per ton; January 1, 2025, $41 per ton; January 1, 2026, $45 per ton.
(g) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 30,000 tons or more, but less than 40,000 tons annually, shall be set beginning as follows: January 1, 2022, $32 per ton; January 1, 2023, $34 per ton; January 1, 2024, $37 per ton; January 1, 2025, $40 per ton; January 1, 2026, $44 per ton.
(h) The charges for haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who deliver 40,000 tons or more annually shall be set beginning as follows: January 1, 2022, $31 per ton; January 1, 2023, $33 per ton; January 1, 2024, $36 per ton; January 1, 2025, $39 per ton; January 1, 2026, $43 per ton.
(2) Under no circumstances may haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who enter into an annual contract, be permitted to take advantage of a rate not specifically selected and agreed to in advance in said annual contract. Haulers, including municipalities or other governmental units, be they commercial, business, industrial, or otherwise, who enter into an annual contract and deliver less than the minimum tonnage agreed to in such annual contract, remain liable for the full payment and value to the Elkhart County Landfill of the minimum tonnage and corresponding rate agreed to and established in such annual contract by such hauler(s). Thus by way of example, if a hauler entered into an annual contract and committed to delivering more than 30,000 tons but less than 40,000 tons to the Elkhart County Landfill over a given 12 month period, as defined in the annual contract, and hence secured a rate of $32 per ton in 2022, but only delivered 27,500 tons over such period, such hauler would owe the Elkhart County Landfill $32 x 2,500 tons, or $80,000 above the amount owed by the hauler at $32/ton for the 27,500 tons actually delivered.
(C) Rates for woodchip byproduct and crumb rubber. Effective January 1, 2022, there shall be a $13 charge for each ton of "woodchip byproduct" or "crumb rubber," herein after defined, delivered to the Elkhart County Landfill, for placement by any such delivery into designated areas established by the Elkhart County Landfill, relative to the general disposal and reuse of woodchip byproducts and crumb rubber. Said charge will increase on a yearly basis thereafter beginning as follows: January 1, 2023, $16 per ton; January 1, 2024, $19 per ton; January 1, 2025, $22 per ton; and January 1, 2026, $25 per ton. Said charges shall be subject to increase or other adjustment by a specific determination of the Board of Commissioners so as to meet economic or competitive conditions and/or otherwise further the goals and interests of the Elkhart County Landfill, and the proper disposition and use of woodchip byproducts and crumb rubber at or through the facilities of the Elkhart County Landfill. Any change from the fee per ton herewith set forth shall be documented in the records of the Commissioners, and written notice of any such change shall be submitted by the Commissioners to the Elkhart County Council for placement in the records of the Elkhart County Council, and for merger of such determination with public records and copies associated with this section.
(D) Private passenger vehicle rates. Effective January 1, 2022, except as herein provided, no charge shall be imposed for loads delivered in private passenger vehicles with Elkhart County license registration. Out of county or out of state passenger vehicles shall be assessed a minimum charge of half the rate as defined in division (A) above per delivery to the Elkhart County Landfill irrespective of size of load, which shall include/cover the State of Indiana solid waste management fees, Elkhart County solid waste management fees, State of Indiana solid waste disposal fees, and/or any other mandatory fees contemplated by division (O) below. The "no charge" standard for loads delivered in private passenger vehicles with Elkhart County license registration shall apply only to one trip per each calendar week to the Elkhart County Landfill, made at such date and time as the Elkhart County Landfill may direct, and made in such private passenger vehicle, and then only to the extent that the load in such vehicle via such one free trip is no more than three bags of trash or waste. For any load in excess of three bags, in such private passenger vehicle with Elkhart County license registration, or for any second trip to the Elkhart County Landfill in such vehicle during a calendar week, a minimum fee of half the rate as defined in division (A) above per such second or subsequent trip, and/or such load exceeding three bags, shall be imposed. Should the load in any private passenger vehicle exceed three bags, and should its actual load weight give rise to a higher charge per the standards of division (A) above, the charge for such private passenger vehicle shall be based upon the per ton rate of division (A) above, on a prorated basis, and not on the minimum amount otherwise herein stated.
(E) Fees to be paid for each unit of e-waste.
(1) As has been the fee/rate since Ord. CC-2015-07, there shall be and continue to be a $10 charge for each "unit" of "e-waste" delivered to the Elkhart County Landfill, for placement by any such delivery:
(a) Into the bins, containers, or other devices established at the Elkhart County Landfill to be used and made a part of the voluntary recycling program, now in force and effect, or from time to time hereafter expanded, modified, or otherwise re-determined; or
(b) Into the bins, containers, or other devices established by the Elkhart County Landfill itself, relative to the general disposal of e-waste.
(2) Such $10 fee shall be subject to increase or other adjustment by a specific determination of the Commissioners so as to meet economic or competitive conditions, cover the costs of disposal of the e-waste, and/or otherwise further the goals and interests of the Elkhart County Landfill, and the proper disposition of solid waste at or through the facilities of the Elkhart County Landfill. Any change from the $10 per delivery fee per unit herewith set forth shall be documented in the records of the Commissioners, and written notice of any such change shall be submitted by the Commissioners to the Elkhart County Council for placement in the records of the Elkhart County Council, and for merger of such determination with public records and copies associated with this section.
(F) Rates for tires. Continuing since July 1, 2017, a $4 fee will be charged for each passenger vehicle tire or bicycle tire delivered to the Elkhart County Landfill. A $10 fee will be charged for each semi-tractor trailer tire delivered to the Elkhart County Landfill. A $40 fee will be charged for each agricultural tractor tire delivered to the Elkhart County Landfill.
(G) Rate for brush of governmental units. Effective January 1, 2022, a $30 fee will be charged for each load of brush ("brush rate"), hereinafter defined, delivered to the Elkhart County Landfill by any formal governmental unit, including municipalities, towns, and cities, which is located in Elkhart County, Indiana. BRUSH is herewith defined as sticks, branches, limbs, grass clippings, shrubs, and or bushes which are free of stumps, tree trunks, excessive foreign debris, and/or renovation or demolition waste. Effective January 1, 2025, the brush rate will increase to $40.
(H) Hauler loads not properly covered. Effective January 1, 2022, a $25 per vehicle admission fee, plus (in addition to) all fees or charges otherwise imposed by this section, will be charged for all commercial, business, and industrial haulers, including municipalities, and other governmental units admitted to the Elkhart County Landfill using vehicles carrying uncovered or inadequately covered loads. Such fees shall increase to $50 for the second time any such vehicle so enters the Landfill and to $75 for the third such time. On the fourth such attempted entry, use of the Landfill shall be denied. Said fee shall not serve to alter or diminish the laws of this state or county which pertain to littering, open dumping, or which otherwise restrict the disposal of waste or trash proceeds.
(I) Service fee. Continuing since July 1, 2017, a $25 fee ("service fee") per occurrence, plus (in addition to) all fees or charges otherwise imposed by this section, will be charged to any persons, entities, commercial, business, and industrial haulers, including municipalities, and other governmental units, who request Elkhart County Landfill agents or employees remove, for any reason, any trash, waste, or refuse, from any vehicle, trailer, or container brought to the Elkhart County Landfill by any persons, entities, commercial, business, and industrial haulers, including municipalities, and other governmental units. Said $25 service fee shall not serve to alter or diminish the laws of this state or county which pertain to littering, open dumping, or which otherwise restrict the disposal of waste or trash proceeds.
(J) Non-hauler loads not properly covered. Effective January 1, 2022, a $20 per vehicle admission fee, plus (in addition to) all other fees or charges otherwise imposed by this section, will be charged to all non-commercial and non-business, non-industrial, and non-municipal or non-governmental haulers to the Elkhart County Landfill using vehicles carrying uncovered or inadequately covered loads. Such fees shall increase to $30 for the second time any such vehicle so enters the Landfill and to $40 for the third such time. On the fourth such attempted entry, use of the Landfill shall be denied. Said fee shall not serve to alter or diminish the laws of this state or county which pertain to littering, open dumping, or which otherwise restrict the disposal of waste or trash proceeds.
(K) Definitions.
ANNUAL CONTRACT. Per division (B) hereof, is a contract for a 12-month period, or a contract for a prorated portion of a 12-month period; such contracts can be, but need not be, tied to a calendar year.
CRUMB RUBBER. Is herewith defined to be and include materials derived from reducing tires or other similar rubber products into uniform granules, with each of said granules not exceeding the size of a fist, free of excessive foreign debris, including but not limited to, plastic, nails, staples, dust, glass, rock, polystyrene, reinforcing materials, including but not limited to, steel and/or fiber, or other similar chemicals or materials; and originating from Elkhart County or from counties adjoining Elkhart County; the definition of CRUMB RUBBER, for purposes of this section, shall be strictly defined, and all decisions of the Board of Commissioners, or the active administration or staff at the Elkhart County Landfill, with regard to interpreting this section shall be final and binding.
E-WASTE. Is herewith defined to be and include an electric device, appliance, or component, to include televisions, radios, computer hard drives or modems, or similar or hereafter developed or arising items with an electrical device or electrical capacity associated with such; the definition of E-WASTE, for purposes of this section, shall be generally and broadly defined, and all decisions of the Board of Commissioners, or the active administration or staff at the Elkhart County Landfill, with regard to whether the fee herewith established shall apply to any particular device, appliance, or component shall be final and binding.
HAULER. The operator of any motor vehicle or accessory unit to include trucks, vans (non-converted), pick-ups, trailers, flat beds, or other devices for carrying or storing refuse containing a load other than a private passenger vehicle.
PRIVATE PASSENGER VEHICLE. A car or converted van normally used and designed for hauling passengers, as opposed to refuse, materials, inventory, supplies, or other materials.
UNIT. With regard to e-waste, is any singular electric device, appliance, or component; thus the applicable fee herewith established shall apply to each such unit, and hence the fee may be imposed additional times on any particular person or entity placing multiple units into the Elkhart County Landfill as contemplated herein.
WOODCHIP BYPRODUCTS. Is herewith defined to be and include Grade A, Grade B, and Grade C wood byproducts in the form of shavings, chips, and/or mulch, free of excessive foreign debris, including but not limited to, plastic, nails, staples, glass, rock, polystyrene or other similar chemicals or materials; and originating from Elkhart County or from counties adjoining Elkhart County. GRADE A WOOD BYPRODUCTS are herewith defined as clean wood material produced from pallets and secondary manufacturing, suitable for producing animal bedding and mulches. GRADE B WOOD BYPRODUCTS are herewith defined as industrial feedstock grade wood byproducts including Grade A material plus construction and demolition wood waste. GRADE C WOOD BYPRODUCTS are herewith defined as industrial feedstock grade wood byproducts including both Grade A and Grade B material plus that from municipal collections and civic amenity sites. Under this section, Elkhart County Landfill will not accept hazardous waste or materials considered Grade D wood byproducts. GRADE D WOOD BYPRODUCTS are defined as hazardous wood byproduct materials, including, but not limited to, treated material, such as fencing and railroad ties, which contain hazardous chemicals requiring disposal at specialized facilities; the definition of WOODCHIP BYPRODUCTS, for purposes of this section, shall be strictly defined, and all decisions of the Board of Commissioners, or the active administration or staff at the Elkhart County Landfill, with regard to interpreting this section, shall be final and binding.
(L) Registration. All commercial, business, or industrial haulers, including municipalities, shall register each vehicle used in hauling operations to the Elkhart County Landfill, pursuant to rules, regulations, and forms to be adopted by the Board of Commissioners, from time to time. Such registration is a requirement to benefit from or otherwise be charged rates and fees and charges under this section pursuant to contract rates in division (B) hereof, or municipal/governmental rates, pursuant to inter-local agreements, contemplated by division (M) below.
(M) Rate deviations by commissioners.
(1) Any and all rates and charges herein recited may be modified or amended, downward (but not upward) by the Board of Commissioners, or their duly authorized agents, under special facts and circumstances:
(a) For the benefit of nonprofit or charitable corporations, municipalities, or other governmental units; or
(b) To meet competition in the market place relative to landfill rates and charges.
(2) Any such deviation from the regular rates and charges herein required shall be documented in the records of the Elkhart County Landfill, or in lieu thereof, in the records of the Elkhart County Commissioners' office. Inter-local agreements, under the provisions of I.C. 36-1-7-1 et seq., are specifically contemplated and authorized by this section, and the Board of Commissioners is authorized to deviate from the schedule of rates and charges herein stated under the provisions of any inter-local agreement with any municipality or other governmental unit, whether located within or without Elkhart County, Indiana, as said Board of Commissioners shall, in its discretion, determine to be in the best interests of the Elkhart County Landfill operations. The "ability to compete" concept set forth at (b) above shall provide to the Board of Commissioners the right and authority to modify or amend, downward, rates and charges otherwise herein required for certain loads or special hauling circumstances, for limited or extended periods of time, to meet competition from competing landfills, to preserve account relationships, to serve the public interests of the citizens of Elkhart County relative to the proper disposal of solid waste, or for such other circumstances as said Board shall, in its discretion, determine to be in the best interests of Elkhart County Landfill operations and/or Elkhart County Government generally. All provisions hereof to the contrary notwithstanding, the Board of Commissioners shall be authorized to establish administrative guidelines pursuant to which the Manager of the Elkhart County Landfill may allow certain loads to be charged at "in county" rates rather than "out of county" rates based upon the impracticality or limited importance of determining whether such load originated, in part, from non-Elkhart County sources. The Board of Commissioners shall be authorized to charge municipalities beginning as follows: January 1, 2022, $20 per ton; January 1, 2023, $22 per ton; January 1, 2024, $23 per ton; January 1, 2025, $24 per ton; and January 1, 2026, $25 per ton. Such guidelines are specifically contemplated for the benefit of haulers serving geographic areas immediately adjacent to Elkhart County boundaries, areas with Elkhart County mailing zip codes, or other geographic areas for which haulers provide solid waste disposal services with a regular final deposit of the solid waste into the Elkhart County Landfill. Such guidelines shall be intended to save on administrative time and expense, as opposed to be a method by which loads generating from non-Elkhart County sources shall summarily receive the "in county" rate structure.
(N) False or misleading misstatements or representations with regard to loads.
(1) Should any hauler, through its agents or employees, make what is determined by the Manager of the Elkhart County Landfill to be a second intentional misstatement or misrepresentation pertaining to the portion or percentage of any load arising from Elkhart County sources, so as to seek or attempt to secure a lower charge by the Elkhart County Landfill for said load, the Manager of the Landfill shall notify said hauler in writing of such determination on his part, shall impose or have imposed the full rate charge or structure as and to said load, and shall continue to impose the full rate structure as to any and all other or additional loads presented to the Elkhart County Landfill, from said hauler, until such time as said hauler shall petition to the Board of Commissioners for relief from such determination by the Manager, which petition and/or ultimate presentation to the Commissioners must explain the false or mistaken information given to the Elkhart County Landfill, explain what remedial or other action has been taken to avoid such mistakes or misrepresentations in the future, and otherwise provide assurance to the Commissioners that such misrepresentation shall not in the future occur.
(2) Any hauler, through its agents or employees, twice determined to have made false or misleading statements to the Elkhart County Landfill with regard to percentage or portion of load arising from Elkhart County sources, which should, at a subsequent time through its agents or employees, make such false or misleading statements, may, at the discretion of the Manager of the Elkhart County Landfill, be barred from entry to the Elkhart County Landfill, for such period of time, or upon such terms and conditions, as said Manger, with the advice and consent of the Board of Commissioners, shall determine.
(O) State, local, or other mandatory fees.
(1) Unless specifically stated above to be separate and additional, the rates, fees, and charges previously set forth herein are intended to include, cover, and satisfy the following:
(a) State of Indiana solid waste management fees. The amount of the final disposal fee payable to the State of Indiana per the provisions of I.C. 13-20-22-1 et seq. as now in force and effect or as from time to time amended; plus
(b) Elkhart County solid waste management fees. The amount of the fee pursuant to the provisions of I.C. 13-21-13-1 et seq. as now in force and effect or as from time to time expanded; plus
(c) State of Indiana solid waste disposal fees. The amount of the solid waste disposal fees payable to the State of Indiana per the provisions of I.C. 13-20-21-6 et seq. as now in force and effect or as from time to time amended; plus
(d) Any other mandatory fees. The amount of any other mandatory fees required by applicable federal, state, or local law or ordinances which shall give rise to a fee to be imposed upon the final disposal of solid waste at the Elkhart County Landfill.
(2) All provisions hereof to the contrary notwithstanding, the Board of Commissioners shall be entitled to increase any or all of the rates, fees, and charges at the Elkhart County Landfill, otherwise defined in this section to address changes or increases to any of the fees, mandatory or otherwise, specified by divisions (1)(a) through (d) above. Any change in rates, fees or charges associated with such fees contemplated by divisions (1)(a) through (d) above increasing shall be documented in the records of the Commissioners, and written notice of any such change shall be submitted by the Commissioners to the Elkhart County Council for placement in the records of the Elkhart County Council, and for merger of such determination with the public records and copies associated with this section.
(P) Commissioner determinations. All decisions of the Board of Commissioners, or the active administration, staff, or the Manager at the Elkhart County Landfill, with regard to the interpretation and/or implementation of this section, are intended to be binding and fully enforceable, without further involvement of the Elkhart County Council, or any rights to challenge or appeal such determinations to the Elkhart County Council.
(Q) Collection, enforcement, and attorney fees. Unless modified or eliminated by an "annual contract," "inter-local agreement," or other contract standard, the Elkhart County Landfill/Commissioners shall have the right and authority to oversee collection of all fees, charges, and rates under this section, and collect/recover penalty and attorney fees, consistent with the provisions of I.C. 36-9-30-21(j) as currently in force and effect, or as modified or relabeled hereafter.
(Ord. CC98-5(0), passed 12-19-1998; Ord. CC-2006-19, passed 9-6-2006; Ord. CC-2013-18, passed 11-2-2013; Ord. CC-2015-07, passed 4-11-2015; Ord. CC-2017-08, passed 6-10-2017; Ord. CC-2020-27, passed 11-14-2020; Ord. CO-2020-39, passed 12-7-2020; Ord. CC-2021-10, passed 5-8-2021)