(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)