(a) Purpose. The solid waste transfer fee on the transfer of solid waste from any solid waste transfer or processing facility in the Village to any approved solid waste facility is levied in order to defray the costs to the Village related to the transfer of solid waste within the boundaries of the Village.
(b) The Imposition of a Solid Waste Transfer Fee. There is hereby levied a fee on the transfer of solid waste to approved solid waste disposal facilities through solid waste transfer or processing facilities located within the boundaries of the Village, regardless of where the wastes are generated and ultimately disposed, of twenty-five cents (25¢) per ton of solid waste transferred through a solid waste transfer or processing facility located in the Village and ultimately disposed of in any approved solid waste disposal facility which shall hereinafter be referred to as a Solid Waste Transfer Fee. Consistent with the mandates of House Bill 592, the solid waste transfer fee shall be collected by the owner or operator of the solid waste disposal facility that receives waste from a solid waste transfer or processing facility located in the Village. The owner or operator of the solid waste disposal facility shall collect the solid waste transfer fee as trustee of the Village.
(c) Filing Returns and Payment of Fees.
(1) The owner or operator of a solid waste transfer or processing facility shall prepare and file monthly recipient return forms with the Administrator appointed by the Village. These returns shall be filed on a form prescribed by the Administrator which shall indicate, at a minimum, the total tonnage of solid wastes transferred from the solid waste transfer or processing facility for disposal at a solid waste disposal facility, the total fee to be collected by the recipient solid waste disposal facility and shall name each recipient solid waste disposal facility. The recipient return forms shall be notarized. A copy of this form will also be sent to the owner or operator of the solid waste disposal facility receiving solid waste from a Village solid waste transfer or processing facility. The recipient solid waste disposal facility will then remit the solid waste transfer fee to the Village along with a copy of the corresponding recipient return form. Not later than thirty days after the end of the month to which such a return applies, the owner or operator of each recipient solid waste disposal facility shall mail to the Administrator the recipient return form for that month together with the fees collected during the month as indicated on the return. The owner or operator of the solid waste disposal facility may request an extension of not more than thirty days for filing the return and remitting the fees, provided that he has submitted such a request in writing to the Administrator together with a detailed description of why the extension is requested. The Administrator must have received and approved the request in writing not later than the day on which the return is required to be filed.
(2) If the fees are not remitted within sixty days of the last day of the month during which they were collected, the owner or operator shall pay an additional fifty percent (50%) of the amount of the fees for each month or fraction thereof that they are late.
(3) The books, records and accounts of any owner or operator of a solid waste disposal facility that is receiving solid waste from a Village solid waste transfer or processing facility shall, at all reasonable times, be subject to examination and audit by the Administrator.
(4) The books, records and accounts of any owner or operator of a solid waste transfer or processing facility within the boundaries of the Village shall, at all reasonable times, be subject to examination and audit by the Administrator.
(d) Rules and Regulations. The Administrator shall have the power to adopt rules and regulations not inconsistent with the terms of this section for carrying out and enforcing the payment and remittance of the fees levied as well as the filing of recipient return forms. A copy of any rules and regulations shall be posted in the manner provided by chapter at least once before they shall become effective. Copies shall be available from the Administrator and to the owner or operator of any approved solid waste facility or solid waste transfer or processing facility. Failure or refusal to comply with any such rules and regulations shall be deemed a violation of this section.
(Ord. 1989-21. Passed 10-3-89.)