§ 50.22  ASSESSMENT AND COLLECTION OF FEE.
   (A)   The county shall assess and collect a fee in the amount established by resolution from time to time from the owner or operator of each sanitary landfill in the county permitted or required to be permitted by the agency to dispose of solid waste if the sanitary landfill is owned, controlled and operated by a person other than the generator of the waste. If a site is contiguous to one or more landfills owned or operated by the same person, the volumes received by each landfill shall be combined for purposes of determining the fee. The county shall deposit all fees collected into the Solid Waste Management Fund.
      (1)   If more than 150,000 cubic yards of non-hazardous solid waste is received at a site in a calendar year, the owner or operator shall pay a fee of $0.34 per cubic yard on waste received on or before December 31, 1991 and $0.60 per cubic yard on waste received on or after January 1, 1992, unless the owner or operator weighs the quantity of the solid waste received with a device for which certification has been obtained under the Weights and Measures Act in which case the owner or operator shall pay a fee of $0.71 per ton of solid waste received on or before December 31, 1991 and $1.27 per ton on solid waste received on or after January 1, 1992.
      (2)   If more than 100,000 cubic yards, but not more than 150,000 cubic yards of non-hazardous waste is received at a site in a calendar year, the owner or operator shall pay a fee of $18,750 on waste received on or before December 31, 1991, and $33,350 on waste received on or after January 1, 1992.
      (3)   If more than 50,000 cubic yards but not more than 100,000 cubic yards of non-hazardous solid waste is received at a site in a calendar year, the owner or operator shall pay a fee of $8,500 on waste received on or before December 31, 1991 and $15,500 on waste received on or after January 1, 1992.
      (4)   If more than 10,000 cubic yards, but not more than 50,000 cubic yards of non-hazardous solid waste is received at a site in a calendar year, the owner or operator shall pay a fee of $2,600 on waste received on or before December 31, 1991, and $4,650 on waste received on or after January 1, 1992.
      (5)   If not more than 10,000 cubic yards of non-hazardous solid waste is received at a site in a calendar year, the owner or operator shall pay a fee of $375 on waste received on or before December 31, 1991, and $650 on waste received on or after January 1, 1992.
   (B)   In accordance with the findings and purposes of the State Solid Waste Management Act, the fee shall not apply to:
      (1)   Waste which is hazardous;
      (2)   Waste which is a pollution control waste;
      (3)   Waste from recycling, reclamation or reuse processes which have been approved by the Agency as being designed to remove any contaminant from wastes so as to render the wastes reusable, provided that the process renders at least 50% of the waste reusable;
      (4)   Non-hazardous solid waste that is received at a sanitary landfill and composted or recycled through a process permitted by the Agency; or
      (5)   Any landfill which is permitted by the Agency to receive only demolition or construction debris or landscape waste.
(1980 Code, § 50.22)  (Res. 88-28, adopted 3-17-1988; Res. 89-183, adopted 7-20-1989; Res. 91-292, passed 11-21-1991)