260.831. Collection of fee by operator, payment required--separate surcharge, transmittal of funds.
Collection of fee by operator, payment required--separate surcharge,transmittal of funds.
260.831. 1. Each operator of a solid waste sanitary or demolitionlandfill in any county wherein a landfill fee has been approved by thevoters pursuant to section 260.830 shall collect a charge equal to thecharge authorized by the voters in such election, not to exceed one dollarand fifty cents per ton or its volumetric equivalent of solid wasteaccepted. Such fee shall be collected in addition to any fee authorized orimposed pursuant to the provisions of section 260.330, and shall be paid tosuch operator by all political subdivisions, municipalities, corporations,entities or persons disposing of solid waste or demolition waste, whetherpursuant to contract or otherwise, and notwithstanding that any suchcontract may provide for collection, transportation and disposal of suchwaste at a fixed fee. Any such contract providing for collections,transportation and disposal of such waste at a fixed fee which is in forceon August 28, 2007, shall be renegotiated by the parties to the contract toinclude the additional fee imposed by this section. Each such operatorshall submit the charge, less collection costs, to the governing body ofthe county, which shall dedicate such funds for use by the industrialdevelopment authority within the county and such funds shall be used by thecounty commission or authority for economic development within the county.Collection costs shall be the same as established by the department ofnatural resources pursuant to section 260.330, and shall not exceed twopercent of the amount collected pursuant to this section.
2. The charges established in this section shall be enumeratedseparately from any disposal fee charged by the landfill. After January 1,1994, the fee authorized under section 260.830 and this section shall bestated as a separate surcharge on each individual solid waste collectioncustomer's invoice and shall also indicate whether the county commission oreconomic development authority receives the funds. Moneys transmitted tothe governing body of the county shall be no less than the amount collectedless collection costs and in a form, manner and frequency as the governingbody may prescribe. Failure to collect such charge shall not relieve theoperator from responsibility for transmitting an amount equal to the chargeto the governing body.
(L. 1993 S.B. 80, et al. § 18, A.L. 1996 S.B. 662, A.L. 2003 S.B. 546, A.L. 2004 H.B. 795, et al., A.L. 2007 S.B. 22)