Solid Waste Availability & Use Fees OrdinanceuKL1 NIMI-r. FILED -
FOR aoDic s aaS-
AVAILABILITY AND USE FEES FOR SOLID WASTE - -___._ PAGE_3 �
DISPOSAL FACILITIES ,
HARNETT COUNTY, NORTH CAROLINA 92 AUG 7 P17 2 23
GAYL E P. HOLDER
WHEREAS, the need to protect the environment ha&EflodtOOF DEEDS
new Federal and State solid waste management regulat�4 na:; -,
and
COUNTY. NC
WHEREAS, the North Carolina Solid Waste Management Act
mandates that all counties in North Carolina develop a
comprehensive plan for the management of solid waste, and
WHEREAS, the North Carolina Solid Waste Management Act
mandates that new sanitary landfills meet all Environmental
Protection Agency, Subtitle D, sanitary landfill
regulations, and
WHEREAS, the North Carolina Solid Waste Management Act
requires counties to provide alternative solid waste
disposal facilities for items which can be diverted from
sanitary landfills, and
WHEREAS, Harnett County currently owns and operates a
solid waste disposal facility which will include new lined
sanitary landfill cells, a demolition cell, an asbestos
cell, and a tire monofill cell, and
WHEREAS, Harnett County has a need to impose and
collect fees for the availability and use of all
County -owned disposal facilities, and
WHEREAS, N.C.G.S. S 153A -292 and 5 153A -293, provide
that such fees may become a lien on the improved property of
the taxpayer, much the same way as ad valorem taxes are a
lien, provided an Ordinance is adopted by the Board of
Commissioners complying with the provisions of the aforesaid
Statutes.
NOW, THEREFORE, the Harnett County Board of
Commissioners adopts the following Ordinance:
BE IT ORDAINED THAT:
Section 1. Purpose and Intent
The provisions of this Ordinance are such as to impose
fees for the availability and use of a disposal facility
provided by the County of Harnett. Availability fees
imposed hereunder shall not exceed the cost of providing the
facility and shall be imposed on all improved property in
the County that benefits from the availability of the
facility. Fees for use of the facility shall not exceed the
cost of operating the facility and may be imposed only on
those who use the facility.
Section 2. Authority
This Ordinance is adopted under the authority of
N.C.G.S. S 153A -292 and S 153A -293.
Section 3. Applicability
This Ordinance is applicable to all owners of improved
property in the County that benefit from the availability of
the facility and commercial, municipal, and industrial users
of the facility, subject to the provisions of N.C.G.S.
S 153A- 292(b).
Section 4. Fees
Except as otherwise herein provided, the following fees
shall be imposed:
A. A fee of $37.50 per unit, for the 1992 -1993 fiscal
year, shall be imposed on the improved property of
each owner (as of July 1 of the fiscal year for
which the fee is collected) within Harnett County
that benefits from the availability of the
facility, and thereafter said fee per unit, per
year will be established annually by the Harnett
County Board of Commissioners in the annual Budget
Ordinance. For the purposes of this Ordinance,
unit means a potential generator of solid waste
and shall include, but not be limited to, each
individual residence, mobile home, apartment unit,
condominium unit, commercial enterprise,
manufacturer, industrial plant, utility, church,
school, hospital, rest home facility and
non - profit institution. This fee shall be applied
separately for each individual business, store, or
other entity within a commercial enterprise.
B. Effective July 1, for fiscal year 1992 -1993, a fee
of $25.00 per ton, shall be imposed on all solid
waste deposited by commercial, municipal and
industrial entities which use the facility, and
thereafter, said fee per ton shall be established
by the Harnett County Board of Commissioners in
the annual Budget Ordinance; provided, however,
said fee shall not apply to solid waste deposited
by commercial and municipal haulers which is
collected from residential customers within
Harnett County.
C. Effective July 1, for fiscal year 1992 -1993, a fee
of $25.00 per ton shall be collected from
individuals, commercial, municipal, and industrial
haulers that deposit stumps, limbs, leaves,
concrete, brick, wood, construction debris, and
uncontaminated earth in the demolition landfill.
Thereafter, said fee per ton, shall be established
by the Harnett County Board of Commissioners in
the annual Budget Ordinance. There will be no
charge for yard waste delivered separated in the
following categories:
(1) Leaves and grass clippings only.
(2) Limbs under 6 inches in diameter and 6 feet
or less in length.
(3) Wood products - clean and in natural state
(without paint, etc, and 6 feet or less in
length.)
D. Effective July 20, for fiscal year 1992 -1993, fees
for tire disposal, as set forth below, shall be
collected from individuals, and commercial,
municipal, and industrial haulers in accordance
with Senate Bill 111, Chapter 784. Such fees
shall supersede any tire disposal fees adopted or
established prior to July 20, 1992. Thereafter,
said fees shall be established by the
Harnett County Board of Commissioners in the
annual Budget Ordinance.
$ .50 each Car and light truck - up to 16.5
$1.25 each Medium and large truck - over 16.5
$2.50 each Farm tractor tires
$3.75 each Construction, heavy equipment type
$ .50 per /20 # Tire pieces (cut, shredded, etc.)
Section 5. Collection and Enforcement
A. Improved Real Property: The fee imposed by the
Ordinance upon owners of all improved property who
benefit from the availability of the facility
shall be billed with property taxes pursuant to
N.C.G.S. 3 153A -293 and shall be payable in
the same manner as property taxes; provided,
however, that in the event of nonpayment, said fee
shall be collected in any manner in which
delinquent personal or real property taxes can be
collected and that until paid, the fees imposed
shall constitute a lien on the real property
described on the bill that includes the fee. In
conjunction with, and in the same manner as used
for billing owners for property taxes, the Harnett
County Tax Administrator shall bill owners who are
not otherwise subject to taxation for the
availability fees imposed by this Ordinance.
B. Commercial, Municipal, and Industrial Users: As a
condition for the disposition of solid waste of
all kinds by commercial, municipal, and industrial
users at the facility, the users of said
facilities shall run an account approved by the
Finance Officer of Harnett County, which account
shall be payable in full on a monthly basis. In
the event of nonpayment of the monthly account,
the privilege of the use of the facility may be
suspended. Until the account is fully paid, the
suspension, as herein provided, may remain in full
force and effect.
Section 6. Residential Solid Waste Sticker
The owners of improved property shall be supplied by
Harnett County with one sticker per unit, which shall be
displayed above the state inspection sticker on the
windshield of the vehicle being used for disposal purposes.
This will allow each resident to dispose of household
garbage at any county solid waste convenience center or
landfill.
Section 7. Effective Date:
This Ordinance shall be effective as of July 1, 1992.
this 3rd day of August, 1992.
HARNETT COUNTY BOARD OF COMMISSIONERS
to d G. gte%4art, Chairman
L
NORTH CAROLINA
HARNETT COUNTY
On this -3 day of (,�tc2fc�i , 1992,
personally appeared before me,Oa Notary Public in and for
said State and County, Lloyd G. Stewart, who, being by me
duly sworn, says that he is Chairman of the Board of
Commissioners of Harnett County, and that Vanessa W. Young
is the Clerk of said Board, that the seal affixed to the
foregoing and attested instrument is the seal of Harnett
County, North Carolina, and that said instrument was signed
by him as Chairman of the Board of Commissioners of said
County and by the Clerk of said Board, who affixed the
official seal of Harnett County to said instrument; and that
the said Lloyd G. Stewart, Chairman of the Board of
Commissioners, acknowledged said instrument to be the act
and deed of Harnett County, North Carolina.
of
,Witness my hand and notarial seal, this the
1992.
My Commission Expires:
(N.P. Seal)
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