A. Short Title: This section shall be referred to as the SOLID WASTE USE FEE ORDINANCE OF WASHINGTON COUNTY.
B. Definitions: As used in this chapter, the following terms and phrases shall have the meanings ascribed to them unless context dictates otherwise:
ADMINISTRATOR: The Road Supervisor of the Washington County Road and Bridge Department.
COMMERCIAL USER: Restaurants, retail and wholesale establishments, hospitals, nursing homes, motels, service stations, professional offices, banks or other business unit producing solid waste in Washington County.
HOUSEHOLD USER: Each single-family housing unit with cooking facilities or each housing unit producing solid waste in Washington County.
NONRESIDENT USER: Any person, firm, partnership, association, corporation, company or organization of any kind bringing solid waste generated outside Washington County into Washington County for disposal in County solid waste sites. Delivery of waste material in a motor vehicle not bearing Washington County, Idaho plates shall be considered a nonresident user.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind, owning real property in Washington County, Idaho.
SOLID WASTE: Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid semi-solid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 USC 1342, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (85 Stat. 923).
UNIT: Four hundred (400) gallons of solid waste per month.
C. Administration: Pursuant to the authority granted by Idaho Code section 31-4401 et seq., and in order to provide for the maintenance and operation of solid waste disposal sites within Washington County, the Road and Bridge Supervisor for the Road and Bridge Department is designated the Administrator to oversee the operation and maintenance of waste disposal sites within the County and to make such rules and regulations as he deems necessary for the efficient utilization of waste disposal sites. The Administrator shall maintain and operate waste disposal sites in Washington County.
D. Tax Levy: If taxes are ever to be levied for the support of the solid waste system, the rate shall be established through the annual budget process and certified to the State Tax Commission as required by law. The Washington County Treasurer shall collect the tax levy in the same manner and using the methods for collection of Real Property Taxes. Delinquent taxes shall become a lien on the real property of the user.
E. Disposition Of Revenue: The Treasurer of Washington County shall pay all solid waste use fees collected to the Solid Waste Fund of Washington County. The Administrator shall use the funds collected solely for the maintenance, operation and care of waste disposal sites within Washington County or for the transportation of waste to and maintenance, operation and care of waste sites outside of the County when the Board of County Commissioners so authorize.
F. User Fee Schedule: User fees may be charged to real property owners and other system users as the Board of County Commissioners deem necessary to support solid waste system operation. In accord with the provisions of the State Statute, said fees may be established at any time by the Board of County Commissioners through passage of a resolution setting forth the fees to be charged for the system.
G. Amendment Of User Fees: Said fee resolution may be amended at any time to accommodate changes in the fee system and operating policies deemed appropriate by the Board of County Commissioners. A resolution establishing fees shall remain in full force and effect until subsequently repealed or amended. All previously adopted resolutions of the Board of County Commissioners not inconsistent with the terms of this chapter are hereby ratified, approved and confirmed. (Ord. 81, 3-11-2019)