49-836. Solid waste landfill disposal fees

A. Each operator of a solid waste landfill or facility shall make the fee payments required by this section as determined by the department. Monies from fees shall be deposited in the recycling fund established pursuant to section 49-837 and the solid waste fee fund established pursuant to section 49-881. Fees shall be calculated and paid as follows:

1. A disposal fee of twenty-five cents for each six cubic yards of uncompacted solid waste, twenty-five cents for each three cubic yards of compacted solid waste or twenty-five cents per ton of solid waste received at landfills regulated by the department. From and after June 30, 2004, for each twenty-five cents collected in disposal fees, twelve and one-half cents shall be deposited in the recycling fund and twelve and one-half cents shall be deposited in the solid waste fee fund. From and after June 30, 2005, all twenty-five cents collected in disposal fees shall be deposited in the recycling fund.

2. A solid waste landfill that receives only waste generated on site shall compute the fee by using one of the following methods:

(a) By actual volume or weight.

(b) By estimate based on landfill capacity use, volume or number of waste loads or any other reasonable means for approximating the volume or weight of disposed waste.

3. Facilities that generate waste from recycling solid waste, effluent from a secondary wastewater treatment plant or wastewaters shall pay one-half of the fee calculated pursuant to paragraph 1 of this subsection. The maximum annual amount paid by a facility for on-site disposal of waste generated from recycling shall not exceed fifteen thousand dollars. The fee for these facilities may be computed based on the dry or dewatered weight or volume of the waste generated from recycling.

B. Each fee payment shall be accompanied by a form prepared and furnished by the department and completed by the operator. The form shall state the total volume or weight of solid waste disposed of at that landfill during the payment period and shall provide any other information deemed necessary by the department. The form shall be signed by the operator.

C. A person who for a fee disposes of waste in a solid waste landfill that is not regulated by the department shall keep accurate records of the waste disposed of in those landfills and shall remit a fee to the department at the same rate and in the same manner as provided in subsection A of this section.

D. For solid waste landfills that are operated pursuant to section 49-741 and that do not have on-site operators or scales, the fee shall be based on a formula which multiplies the population of the political subdivisions served by the landfill by seven cents. From and after June 30, 2004, three and one-half cents of the seven cents shall be deposited in the recycling fund and three and one-half cents of the seven cents shall be deposited in the solid waste fee fund. From and after June 30, 2005, all seven cents shall be deposited in the recycling fund. The fee shall be paid in the same manner as provided in subsection A of this section.

E. The provisions of this section do not apply to:

1. Persons disposing of a load containing less than six cubic yards of uncompacted solid waste or three cubic yards of compacted solid waste.

2. A site used solely for the reclamation of land through the introduction of landscaping rubble or inert material.

3. Material produced in connection with a mining or metallurgical operation.

F. Solid waste management service companies and agencies affected by the landfill disposal fees established by this section may adjust the fees charged to customers by passing through to the customers the additional costs.