Section 2053-G. Charges by the authority; method of collection  


Latest version.
  • The
      authority may fix and collect, on any equitable basis,  rates,  rentals,
      fees  and  other  charges  for  the  use of facilities of or services or
      commodities provided by the authority, including the availability of any
      of the foregoing from the authority. Such rates, rentals, fees and other
      charges may be  fixed  and  collected  from  any  person  to  whom  such
      facilities,  services  or  commodities are provided by or made available
      from the authority, including generators of solid waste  and  owners  of
      real  property upon which solid waste is generated. Such rates, rentals,
      fees  and  other  charges  may  be  the  same  or  different  for   each
      classification  of user or service recipient and may, by way of example,
      reflect the source and composition of solid waste and  may  provide  for
      fee reductions to the users or service recipients in proportion to waste
      generated  or to reflect participation in source separation programs. In
      any instance where the county is or  would  be  required  by  law,  with
      respect  to  solid  waste  management,  to  conduct  a public hearing in
      connection with a user  or  rate,  rental,  fee  or  other  charge,  the
      authority shall not establish, fix, or revise any classification of user
      or service recipient, rate, rental, fee or other charge unless and until
      the authority has held a public hearing at which interested persons have
      had  an  opportunity  to be heard concerning the same; provided however,
      that if the county has conducted a public  hearing  in  connection  with
      such  rate,  rental,  fee  or  other  charge, the authority shall not be
      required to hold a public hearing. Notice of  any  such  public  hearing
      shall be published at least ten days before the date set therefor, in at
      least  one  newspaper  of general circulation in the county. Such notice
      shall set forth the date, time and  place  of  such  hearing  and  shall
      include  a  brief  description  of  the matters to be considered at such
      meeting. A copy of the notice shall be available for inspection  by  the
      public.  At  any  such  hearing,  any  interested  persons shall have an
      opportunity to be heard concerning the matters under consideration.  Any
      decision by the authority at such public hearing shall be in writing and
      be  made  available in the office of the authority for public inspection
      during regular office hours.
        All rates, rentals,  fees  and  other  charges  for  the  use  of  the
      facilities  of, or services provided or made available by, the authority
      and billed directly by the authority to the user  or  service  recipient
      pursuant  to  a classification of users or service recipients adopted by
      the authority as herein provided shall be a lien upon the real  property
      upon  which,  or in connection with which, services are provided or made
      available, as and from the first date fixed for payment of  such  rates,
      rentals,  fees  and  other  charges. Any such lien shall take precedence
      over all other liens or encumbrances, except taxes or  assessments.  The
      treasurer  of the authority shall prepare and transmit to the respective
      legislative body of each municipality, on or before  the  first  day  of
      December in each year, a list of those properties within each respective
      municipality  using  such  facilities  or  for  which such services were
      provided or made available and from which the payment of rates, rentals,
      fees and other charges are in arrears for a period  of  thirty  days  or
      more  after  the last day fixed for payment of such rates, rentals, fees
      and other charges without penalty.   The  list  shall  contain  a  brief
      description of such properties, the names of the persons or corporations
      liable to pay for the same, and the amount chargeable to each, including
      penalties  and  interest computed to December thirty-first of that year.
      Each governing body shall levy such sums against the  properties  liable
      and  shall  state  the amount thereof in a separate column in the annual
      tax rolls of the various municipalities under the heading  "solid  waste
      disposal charge".  Such amounts, when collected by the several municipal
    
      collectors or receivers of taxes, shall be paid over to the treasurer of
      the  authority.  Alternatively, the legislative body of any municipality
      which provides solid waste collection service to all or a portion of the
      properties  within  its  boundaries using municipally owned and operated
      collection vehicles may execute  an  agreement  with  the  authority  to
      collect  and  be  responsible  for  the  collection of, on behalf of the
      authority, any overdue or  delinquent  rates,  rentals,  fees  or  other
      charges  and  such  municipality shall have the power to pay directly to
      the authority such overdue or delinquent rates, rentals, fees and  other
      charges  whether  or  not  they are actually collected from the users or
      service recipients of such municipality. All of the  provisions  of  the
      tax  law  of  the  state  governing enforcement and collection of unpaid
      taxes or assessments for special improvements not inconsistent  herewith
      shall  apply  to  the collection of such unpaid rates, rentals, fees and
      other charges.