Sec. 118-1. - Imposition of fees for users of county solid waste disposal facilities.

(a)

Legislative findings. The board hereby finds that it is necessary to establish and impose user fees to finance the activities of the solid waste department, including transfer stations, sanitary landfills, and reef and marine development, to be charged to all users who deposit solid waste at these facilities.

(b)

Established. The specific fees for utilization of all solid waste facilities by all users shall be established by an annual resolution of the board of county commissioners.

(c)

Definitions.

(1)

Commercial hauler means any person which engages in one or more of the following activities:

a.

The transport and disposal of waste materials of another where a fee, direct or indirect, is charged for such service.

b.

The transport of waste materials which originate from a commercial establishment. This shall include the transportation of waste materials by any owner, proprietor, agent or employee of any commercial establishment who transports such materials for or on behalf of such commercial establishment.

c.

The performance of any service, trade or work in the course of which waste materials are generated and which are transported as part of the service, trade or work performed, including but not limited to such activities as lawn maintenance and landscaping, and construction activities.

(2)

Franchise hauler means any commercial entity which enjoys the exclusive right through franchise agreement with the county for the removal, collection and disposal of solid waste.

(3)

Landfill fee means the fee to be assessed at the county's landfill sites based on the amount of solid waste to be disposed.

(4)

Landfill site means any county-owned and -operated facility for the disposal of solid waste.

(5)

Reef and marine development means marine facilities owned and operated to provide for disposal of inert wastes for the purpose of constructing artificial reefs.

(6)

Residential customer means, as defined in the franchise agreements, any residential customer of the franchise hauler for billing purposes.

(7)

Residential disposal fee means a fee collected by franchise haulers from regulated residential customers based on an estimated average tonnage of solid waste per residential customer to be disposed of at the landfill sites.

(8)

Solid waste means garbage, rubbish, refuse and other discarded solid or semisolid materials resulting from domestic, industrial, commercial, agricultural and governmental operations, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids, industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants.

(9)

Transfer stations means any manned county-owned and -operated facility which receives solid waste from users in order to transport said solid waste into county landfill sites for disposal. A transfer station may be located at the entrance to a landfill site.

(10)

Transfer station fee means the fee to be assessed at the transfer station sites based on the amount of solid waste to be transported into the landfill sites.

(11)

User means any person, public or private, residing in or conducting a business in the county and who deposits solid waste at county solid waste facilities.

(d)

Charges by franchise haulers. Franchise haulers shall charge their residential customers, whose rates are regulated by the county, a residential disposal fee. This residential disposal fee shall be used to pay for the disposal of residential wastes at county disposal facilities. The franchise haulers shall pay for the disposal of residential wastes monthly. The amount of the residential disposal fee for regulated customers shall be established by resolution of the board of county commissioners annually.

(Ord. No. 82-14, §§ 1—3; Ord. No. 82-84, §§ A, B; Ord. No. 84-31, §§ 2—5)

Secs. 118-2—118-25. - Reserved.