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(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)
(A) Every owner or operator of a sanitary landfill permitted, or required to be permitted by the Agency and located within the county, shall file a quarterly report specifying the quantities of waste received and the fee payments due to the county. The quarterly solid waste disposal report shall be due within 30 days following the end of each calendar quarter and shall be in the form provided by the county. The reports shall be tendered to the County Treasurer.
(B) The County Treasurer shall forward a copy of the report to the County Administrator and the Chairperson of the County Board.
(1980 Code, § 50.24) (Res. 88-28, adopted 3-17-1988; Res. 91-292, passed 11-21-1991)
(A) Every owner or operator of a sanitary landfill shall make payment of the fees as set forth in this subchapter to the County Treasurer at the time the report required in § 50.24 is filed.
(B) Payments made in accordance with this section shall be deposited by the County Treasurer in a special fund designated by the County Treasurer as the Solid Waste Management Fund. This fund shall be audited by the County Auditor. The County Board shall make expenditures from this fund for payment of any costs related to solid waste management.
(1980 Code, § 50.25) (Res. 88-28, adopted 3-17-1988; Res. 91-292, passed 11-21-1991)
The owner or operator of each sanitary landfill subject to this subchapter shall notify the county if he or she is intending to terminate the receipt of solid waste during the calendar year. Unless the termination of operation is by emergency order of an authorized regulatory agency or court of competent jurisdiction, notice must be given to the county 90 days in advance of termination. The notice shall include estimated date of termination.
(1980 Code, § 50.26) (Res. 88-28, adopted 3-17-1988; Res. 91-292, passed 11-21-1991)
(A) The county shall grant an exemption from the increase in the fee requirements of this subchapter (the difference between the fee that begins on January 1, 1992 and the fee that was paid on or before December 31, 1991) 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 of solid waste was lawfully executed on or before December 1, 1991, and by its express terms continues beyond December 31, 1991.
(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 December 1, 1991, and has not been amended.
(B) Exemptions granted under division (A) of this section shall cause the solid waste received by an owner or operator of a sanitary landfill pursuant to a contract exempted under this section to have the fees calculated as though the solid waste were received on or before December 31, 1991.
(C) Application for exemptions under division (A) of this section may be granted retroactively. Application 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 Solid Waste Director, County Land Use Department, before February 28, 1992.
(D) Exemption under division (A) of this section 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 the volume or weight of solid waste received under any exemption during a calendar year.
(1980 Code, § 50.27) (Res. 91-292, passed 11-21-1991)
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