(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF COMMISSIONERS. The County Board of Commissioners.
COUNTY AUDITOR. The Auditor of the county.
FINAL DISPOSAL FACILITY. The meaning prescribed in I.C. 13-11-2-82.
SOLID WASTE. The meaning prescribed in I.C. 13-11-2-205.
(B) Planning fee. A county solid waste planning fee is imposed at the rate of $0.25 per ton on each ton of solid waste disposed of at a final disposal facility in the county.
(C) Collection of fee. The owner or operator of a final disposal facility located in the county is responsible for collecting the county solid waste planning fee imposed under division (B) above from persons delivering solid waste to the final disposal facility. The disposal facility owner or operator may deduct an amount equal to 1% of the fees collected, and may retain this amount as compensation for collecting and remitting the fees.
(D) Remittance to County Auditor. The remainder of the fees collected each month under division (C) above shall be remitted to the County Auditor within ten days after the last day of the month in which the fees are collected.
(E) Records. The owner or operator of a final disposal facility shall make necessary records available to an employee designated by the Board of Commissioners for the purpose of verifying the amount of solid waste disposed of, and the amount of fees being collected and remitted to the County Auditor.
(F) Conversion of volume of solid waste. The owner or operator of a final disposal facility that does not have a scale suitable for solid waste may determine the weight of the solid waste by conversion from the volume of the solid waste. In making this conversion, an owner or operator shall use 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.
(G) Exemptions.
(1) The fee imposed under division (B) above does not apply to solid waste that is received at a final disposal facility pursuant to a contract entered into before January 1, 1990, unless the contract contains a pass-through provision by which the transporter of the solid waste may recover the fees from the transporter’s client.
(a) Any solid waste for which an exemption under this section is sought must be identified as to the particular contract which does not contain the pass-through provision.
(b) A copy of any contract for which the owner or operator of a final disposal facility desires to claim an exemption under this section must be filed with the Board of Commissioners.
(2) The fee imposed under division (B) above does not apply to solid waste disposed of at a final disposal facility by a person that:
(a) Generated the solid waste; and
(b) Disposes of the solid waste at a final disposal facility that is owned by that person and is limited, for the purposes of the disposal of solid waste, to be used by that person for the disposal of solid waste generated by that person.
(H) The County Solid Waste Planning Fund.
(1) The County Auditor shall establish a fund to be known as the County Solid Waste Planning Fund. The Fund shall be administered in the same manner as all other county funds.
(2) Money in the Fund may be used only for the following purposes:
(a) To pay expenses of administering the Fund; and
(b) To pay costs associated with the development of a district solid waste management plan, including costs to develop information to enable the county to determine whether its plan should be prepared for a county or joint solid waste district.
(Ord. 1-1991, passed 1-14-1991)