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(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.)
The director of finance may bill and collect all solid waste charges and collection charges imposed for the use of county solid waste acceptance facilities as follows:
(a) From certified lists of persons, companies, agencies and governments indicating the quantities of solid waste received by the county for handling as determined by attached printed scale tickets furnished by the director to the director of finance at the end of each month.
(b) From certified lists of properties receiving solid waste collection service provided by the county's solid waste collection contractor(s), such lists to be the same as those furnished by the director as provided for in subsection (e) of section 48-29. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
(a) Extension of credit. Solid waste collection companies licensed by the county, business concerns and other persons who deposit in excess of twenty (20) tons monthly of disposable refuse at the county solid waste acceptance facilities may apply for an extension of credit by submission of an application for credit to the director of finance.
(b) Posting collateral. As a prerequisite for extension of credit, collateral (accompanying the application for credit) shallbe deposited with the director of finance in the form of cash or certified check or equivalent security approved by the chief administrative officer and county attorney in an amount equal to a normal forty-five-day billing period. The computation of the amount of collateral required shall be determined by multiplying the number of tons per month as determined by the director by one and one-half (1) times the per-ton solid waste disposal charge.
(c) Waiver of collateral. Waiver of collateral is restricted to federal, state and local government agencies delivering disposal refuse to the county disposal facilities on vehicles owned and operated by these agencies. (1981 L.M.C., ch. 37, § 1.)
(a) Collection of charges; records. The Director of Finance must bill and collect solid waste charges and system benefits charges under this Chapter, maintain and keep an accurate record thereof, and report all moneys so received.
(b) Partial payments. Partial payments must not be accepted on any monthly invoice, or on any tax bill even though the unpaid portion of the tax bill represents solid waste charges or systems benefit charges.
(c) Interest penalties. Interest must be collected for late payment on the full amount of the monthly invoices. Interest and penalties imposed for failure to pay solid waste charges, or systems benefit charges, which are included on the tax bill, must be applied in the same manner and to the same extent as are other tax penalties. Interest for monthly invoices or for charges on the tax bills must be at the same interest rate as then in effect for late payment of real property taxes. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
Editor’s note—See County Attorney Opinion dated 2/24/00 explaining that the County must adhere to the prompt payment act and allow the federal government to pay its bills within 30 days of receipt. See County Attorney Opinion dated 2/22/00 explaining that the County Code does not allow for the imposition of interest or late fees for disposal facility payments received without proper identifying documentation.
(a) If any person does not pay any solid waste charges within 15 days after the County renders a monthly invoice or does not pay any systems benefit charge the Director of Finance must apply any posted collateral against the amount due and must immediately suspend access to county solid waste acceptance facilities by any vehicle owned or operated by the person, company or agency in default of payment until full payment, including interest and penalties, is received and any collateral used to satisfy the outstanding obligation has been redeposited with the Director of Finance.
(b) For default in payment by any property owner billed for systems benefits charges on a tax bill, the property against which such charges have been made must be sold at tax sale in the same manner as real property is sold for nonpayment of taxes. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
Editor’s note—See County Attorney Opinion dated 2/24/00 explaining that the County must adhere to the prompt payment act and allow the federal government to pay its bills within 30 days of receipt. See County Attorney Opinion dated 2/22/00 explaining that the County Code does not allow for the imposition of interest or late fees for disposal facility payments received without proper identifying documentation.
No refunds must be made except for solid waste collection or systems benefit charges billed and collected as part of the tax bill or for mistakes in computation of charges due. A property owner must pay the property tax bill, which includes solid waste collection and/or systems benefit charges, in full, for the period billed. Refunds of solid waste collection and/or systems benefit charges must not be made, except upon application of the property owner, where the property is to be unoccupied for at least 60 consecutive days and no solid waste is generated from the property during that period, and the property owner has notified the county in writing 7 days before the absence. The notice must be made a part of a request for a refund of solid waste collection service or system benefits charges and must indicate the dates for which solid waste collection or base or incremental solid waste management services are not required. Refunds must not be made for shorter periods or without prior notice. Refunds must be prorated. (1981 L.M.C., ch. 37, § 1; 1992 L.M.C., ch. 39, § 1.)
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