Any person depositing solid waste at a county-operated solid waste management facility shall pay user fees as determined by the Board.
(A) Purpose and intent. The provisions of this chapter are to impose fees for the availability and use of a disposal facility provided by the county. Availability fees imposed shall not exceed the cost of providing for the facility, and shall be imposed on all improved property in the county that benefits from the availability of the facility. Fees for the use of the facility shall not exceed the cost of operating the facility and may be imposed only on those who use the facility.
(B) Authority. This chapter is adopted under the authority of G.S.§ 153A-292.
(C) Applicability. This chapter is applicable to all owners of improved real property in the county that benefit from the availability of the facility, as well as commercial, municipal, and industrial users of the facility, subject to the provisions of G.S. §153A-292.
(D) Fees. Except as otherwise herein provided, fees and rates may be found in the Operating Procedures Manual.
(1) A yearly fee shall be imposed on the improved property of each owner (as of January 1 of the calendar year for which the fee is collected) within the county that benefits from the availability of the facility. For the purposes of this subchapter, UNIT means a potential generator of solid waste and
shall include, but not be limited to, each individual residence, mobile home, and/or available mobile home site, apartment unit, condominium unit, commercial enterprise, manufacturer, industrial plant, utility, church, school, hospital, rest home facility, and nonprofit institution. This fee shall be applied separately for each individual business, store, or other entity within a commercial enterprise.
(2) A tonnage fee shall be imposed on all solid waste deposited by commercial, municipal, and industrial entities that use the facility; provided, however, that this fee shall not apply to solid waste deposited by commercial and municipal haulers that is collected from residential customers within the county.
(3) A tonnage fee shall be collected from commercial, municipal and industrial haulers that deposit stumps, limbs, leaves, concrete, brick, wood, and uncontaminated earth in the demolition landfill.
(E) Collection.
(1) Improved real property. The fee imposed upon owners of all improved property that benefit from the availability of the facility shall be billed with property taxes pursuant to G.S. § 153A-293 and shall be payable in the same manner as property taxes, provided, however, that in the event of nonpayment, the fee shall be collected in any manner in which delinquent personal or real property taxes can be collected, and that until paid, the fees imposed shall constitute a lien on the real property described on the bill that includes the fee. In conjunction with and in the same manner as used for billing owners for property taxes, the County Tax Administrator shall bill owners who are not otherwise subject to taxation for the availability fees imposed by this section.
(2) Partial exemption for elderly or disabled owners. Owners of this class of residential property described hereinafter shall be liable for only 50% of the availability fee imposed under this chapter. The following class of property is designated a special class of property: property owned by a North Carolina resident, if, as of January 1 of the year for which benefit of this section is claimed:
(a) The owner is either 65 years of age or older or is totally and permanently disabled;
(b) The owner’s income does not exceed the income eligibility limit as defined in G.S. § 105-277.1; and
(c) The owner makes the required application. The Tax Administrator shall have the responsibility to develop and supply the required application to eligible applicants.
(3) Married applicants residing with their spouses. For married applicants residing with their spouses, the disposable income of both spouses must be included, whether or not the property is registered in both names. Property owned and occupied by spouses as tenants by the entirety shall be entitled to the full benefit of this classification if either of them meets the age or disability requirements herein provided.
(4) Commercial, municipal, and industrial users. As a condition for the disposition of solid waste of all kinds by commercial, municipal, and industrial users at the facility, the users shall pay the fees charged hereunder for the use of the facilities at the time of the disposition of the solid waste products, or shall run an account approved by the Board as defined in the Operating Procedures Manual, which account shall be payable in full on a monthly basis. In the event of nonpayment of the monthly account, the privilege of the monthly account may be suspended, thereby requiring the delinquent user to pay at the time any further solid waste is deposited at the facility by the delinquent user. Until the account is fully paid, the suspension, as herein provided, may remain in full force and effect. The county retains rights to seek collection of unpaid fees.
(F) Effective date. This chapter shall be effective as of its adoption.
(Ord. passed 9-18-2017)