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68.178 County license fee for off-site waste management facilities -- Use of proceeds.

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68.178 County license fee for off-site waste management facilities -- Use of proceeds. (1) The fiscal court of any county may license off-site waste management facilities located within the county with the imposition of a license fee at a percentage rate <br>not to exceed two percent (2%) per annum of the gross receipts of such a waste <br>management facility owned or operated by self-employed individuals, partnerships, <br>or corporations. The proceeds from the license fee shall be used to defray the <br>general revenue requirements of the county where the facility is located. For <br>purposes of assessing the licensing fee provided for in this section, off-site waste <br>management shall consist of establishing and operating a facility whose principal <br>purpose is treatment, storage, disposal, or a combination of these activities but shall <br>not include those treatment, storage, or disposal activities which occur incidental to <br>or which are not otherwise distinguishable from a broader manufacturing operation <br>at the site of said operation. (2) (a) The fiscal court of a county or the urban-county council of an urban-county government may license a solid waste landfill located within the county or <br>urban-county area. The license fee may be set at not less than one cent (&#36;0.01) <br>but no more than fifty cents (&#36;0.50) per ton of waste received by the landfill or <br>set at up to five percent (5%) of gross receipts of the landfill. (b) The license fee as set may be increased by an amount up to one-quarter (1/4) of the base fee per ton or on gross receipts of waste received at the landfill <br>which originates from outside of the planning area. For purposes of this <br>section, planning area shall mean those areas within Kentucky as indicated in <br>solid waste management plans filed with the cabinet by a county, multicounty <br>area, or waste management district. However, before a fee differential may be <br>imposed the county or urban-county government shall demonstrate that the <br>differential is reasonably related to additional government services which <br>must be undertaken because of the landfilling of nonplanning area waste. This <br>demonstration may be made by showing an unplanned for reduction in waste <br>disposal capacity and a need to provide for future disposal capacity or impacts <br>on roads, litter control or emergency services. (c) The proceeds from the license fee shall be used to defray the government services provided to the landfill, necessary clean-up operations or emergency <br>responses related to operation of the landfill or transporting waste to the <br>landfill, necessary maintenance, improvement or construction of roads, and <br>for the general revenue requirements of the county or urban-county <br>government where the landfill is located. (d) Ten percent (10%) of the license fee shall be remitted annually in equal shares to all counties and urban-county governments in the planning area served by <br>the landfill from where the fees originated which shall be used for local solid <br>waste planning and plan implementation. Counties or urban-county <br>governments desiring to impose the fee provided for herein are authorized to <br>accept payments in lieu of the fee under duly-executed contracts between the <br>county and the permitted site or facility. The fee provided for in this subsection shall be in lieu of the provisions of subsection (1). Special waste, <br>as defined in KRS 224.50-760, except for waste from sanitary wastewater <br>treatment facilities, shall be exempt from this subsection. (3) In the case of hazardous waste facilities involving land disposal, including a regional integrated waste treatment and disposal demonstration facility as defined in <br>KRS Chapter 224, the rate levied under this section shall be not more than five <br>percent (5%) per annum of the gross receipts and shall be calculated so as to <br>produce sufficient revenue to compensate the county for any additional costs <br>incurred by it from having a hazardous waste facility located in its jurisdiction, <br>including, but not limited to, the loss of ad valorem property tax revenues from the <br>property on which the facility is located, the loss of ad valorem property tax <br>revenues from abutting properties or other affected properties, the cost of providing <br>any additional emergency services, the cost of monitoring air, surface water, ground <br>water to the extent that other monitoring data is not available, and other costs <br>established as being associated with the facility and for which the county is not <br>otherwise compensated. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 123, sec. 13, effective June 20, 2005. -- Amended 1988 Ky. Acts ch. 45, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts <br>ch. 279, sec. 11, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 197, sec. 4, <br>effective July 15, 1980.