(A) The county shall grant exemptions from the fee requirements of this subchapter for receipt or transport of solid waste meeting all of the following criteria.
(1) Receipt of the solid waste is pursuant to a written contract between the owner or operator of the sanitary landfill and some other person, or transport of the solid waste is pursuant to a written contract between the transporter and some other person.
(2) The contract for receipt or transport of solid waste was lawfully executed on or before May 1, 1988 and by its express terms continues beyond May 1, 1988.
(3) The contract for receipt or transport of solid waste establishes a fixed fee or compensation, does not allow the operator or transporter to pass the fee through to another party, and does not allow voluntary cancellation or renegotiation of the compensation or fee during the term of the contract.
(4) The contract was lawfully executed before May 1, 1988 and has not been amended.
(B) Exemptions granted under division (A) above shall cause the solid waste received by an owner or operator of a sanitary landfill pursuant to a contract exempted under this section to be disregarded in calculating the volume or weight of solid waste received during a calendar year under this subchapter.
(C) Applications for exemptions under division (A) above may be granted retroactively. Applications for retroactive or prospective exemptions must be submitted with proof of satisfaction of all criteria for granting the exemption, and must be received by the Administrator before June 30, 1988.
(D) Exemptions under division (A) above shall expire upon the expiration, renewal or amendment of the exempted contract, whichever comes first.
(E) It shall be the duty of an owner or operator of a sanitary landfill and transporter of the solid waste to keep accurate records and to prove to the satisfaction of the County Administrator the volume or weight of solid waste received under an exemption during a calendar year.
(1980 Code, § 50.23) (Res. 88-28, adopted 3-17-1988; Res. 91-292, passed 11-21-1991)