§ 160A-314.1. Availability fees for solid waste disposal facilities; collection of any solid waste fees.
§ 160A‑314.1. Availability fees for solid waste disposal facilities; collection of any solidwaste fees.
(a) In addition to afee that a city may impose for collecting solid waste or for using a disposalfacility, a city may impose a fee for the availability of a disposal facilityprovided by the city. A fee for availability may not exceed the cost ofproviding the facility and may be imposed on all improved property in the citythat benefits from the availability of the facility. A city may not impose an availabilityfee on property whose solid waste is collected by a county, a city, or aprivate contractor for a fee if the fee imposed by a county, a city, or aprivate contractor for the collection of solid waste includes a charge for theavailability and use of a disposal facility provided by the city. Propertyserved by a private contractor who disposes of solid waste collected from theproperty in a disposal facility provided by a private contractor that providesthe same services as those provided by the city disposal facility is notconsidered to benefit from a disposal facility provided by the city and is notsubject to a fee imposed by the city for the availability of a disposalfacility provided by the city. To the extent that the services provided by thecity disposal facility differ from the services provided by the disposalfacility provided by a private contractor in the same city, the city may chargean availability fee to cover the costs of the additional services provided bythe city disposal facility.
In determining the costs ofproviding and operating a disposal facility, a city may consider solid wastemanagement costs incidental to a city's handling and disposal of solid waste atits disposal facility. A fee for the availability or use of a disposal facilitymay be based on the combined costs of the different disposal facilitiesprovided by the city.
(b) A city may adopt anordinance providing that any fee imposed under subsection (a) or under G.S.160A‑314 for collecting or disposing of solid waste may be billed withproperty taxes, may be payable in the same manner as property taxes, and, inthe case of nonpayment, may be collected in any manner by which delinquentpersonal or real property taxes can be collected. If an ordinance states thatdelinquent fees can be collected in the same manner as delinquent real propertytaxes, the fees are a lien on the real property described on the bill thatincludes the fee. (1991,c. 652, s. 5; 2007‑550, s. 10(b).)