(a) Imposed.
(1) The County Council by resolution under Section 48-31 may impose a base solid waste charge at a fixed rate per ton for all solid waste delivered by any person or agency, public or private, to County solid waste acceptance facilities.
(2) The County Executive may by regulation adopted under method (2) set a charge different from the base solid waste charge for any type of solid waste:
(A) which has a cost of disposal, recycling, processing or other handling different from the base solid waste charge or
(B) for which any other jurisdiction in the metropolitan area is charging a higher base charge.
(3) The Council may, by resolution adopted during a fiscal year, after considering any recommendation from the County Executive, change the base rate adopted under Section 48-31 after at least 15 days' notice and a public hearing. Any change in the base solid waste charge must provide adequate time to let public and private agencies and organizations make necessary billing adjustments.
(b) Basis.
(1) The solid waste charge must be collected at the basic rate per ton for any solid waste as determined by the actual weights obtained from the County scales located at the solid waste acceptance facilities.
(2) The minimum weight for which the solid waste disposal charge shall be made is 500 pounds.
(3) Each dwelling unit in the solid waste collection districts which is provided solid waste collection services by collection contractor must pay an annual fiscal year charge based on an average annual quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the County's collection contractor(s) divided by the total number of dwelling units being served, multiplied by the basic solid waste charge per ton established by the Council. The charge must be billed and collected in the same manner as taxes on real property.
(4) Before June 30 of any year, the governing body of any city, town, village or special taxing area in the county which provides solid waste collection service as a municipal service by their own employees or by a collection contractor may notify the Director of Finance to have the solid waste collection charge placed on the County tax bill of each residential property owner in that municipality who receives collection service. The governing body must furnish to the Director a certified list of the properties to be billed. Solid waste collection charges for commercial and industrial properties, for multifamily dwelling units of 7 or more, and for solid waste of the municipal government itself must be paid upon tonnage delivered to the solid waste acceptance facilities in the manner provided elsewhere herein.
Upon such notification, the collection charge must be placed on the tax bills by the Director of Finance as an annual fiscal year charge based on the average quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the municipality or its contractor divided by the total number of dwelling units being served, multiplied by the basic collection and solid waste charge per ton established by the Council.
This method shall be optional at the discretion of the governing body of the municipality, and the municipality shall have the right to pay the service charges in the manner as otherwise provided for herein.
(c) Exceptions.
(1) A fee must not be charged for any disposal refuse which is delivered in a vehicle owned and operated by a County solid waste collection contractor if a charge is made for that refuse under subsection (b)(3) or subsection (b)(4).
(2) A fee set by regulation must be charged for any disposal refuse, weighing less than 500 pounds, that is delivered in a privately owned and operated vehicle or trailer with a load capacity of less than 1,000 pounds.
(d) Credit towards or refund of solid waste disposal charges for street cleaning.
(1) Any city, town, village or special taxing area within the County which provides street cleaning and repairing as a municipal service and in which County street cleaning and repairing service is not provided shall receive an annual credit towards solid waste disposal charges otherwise payable hereunder or refund of charges paid, as the case may be, upon application, for the collection and delivery of disposable refuse as defined in this subsection to County solid waste disposal facilities, consisting of the computed County average number of tons of disposable refuse collected per mile from all streets and roads open and used by the general public receiving street cleaning service. The State, or any federal agency having property within the County providing cleaning and repair service for streets, roads or other rights-of-way which are open to and used by the general public, shall also receive such credit or refund, upon application.
(2) The annual County average number of tons of disposable refuse must be determined by the Director before July 1 each year and apply to the entire next fiscal year.
(3) An applicant for a credit or refund must complete and file with the Department of Finance an annual report on or before the fifteenth day of July covering the preceding fiscal year, in such form, and verified in such manner, and containing such information as may be prescribed by the Director of Finance. The Department of Finance shall compute such credit or refund after receipt of such annual report and shall furnish such credit or refund promptly to the applicant.
(4) Disposable refuse for the purpose of computation of the annual credit or refund under this subsection shall include only leaves, street sweepings, tree parts and trimmings, paper, bottles, cans, cardboard, debris from street repairs, dirt and dead animals. Disposable refuse shall not include any of the foregoing items or articles which have been removed from adjacent property and have been deposited or placed by any person upon any such paved street or road for collection. (1981 L.M.C., ch. 37, § 1; 1984 L.M.C., ch. 24, § 47; 1992 L.M.C., ch. 15, § 1; 1992 L.M.C., ch. 39, § 1; 1995 L.M.C., ch. 18, § 1.)