§ 405-34. Appropriations and revenues

(a) Should anticipated user fees and revenues from District services and facilities not be sufficient to pay for any obligations or liabilities of the District, the Board of Commissioners shall, following adoption of the budget, apportion the sums for solid waste management, and District obligations and liabilities required to be contributed by each member municipality on the basis of the actual or estimated annual tonnage or volume of solid waste generated by each member municipality as determined by the Board of Commissioners.

(b) Each member municipality shall be assessed a percentage of the sum of the District obligations and liabilities equal to the ratio which the solid waste generated by the member municipality bears to the total solid waste generated within the District. The Board of Commissioners may from time to time annually determine the percentage of solid waste generation attributed to each member municipality which determination shall be based on waste generation information for the most recent 12-month period for which information is available. For the purposes of this section, the weight or volume of solid waste generated shall be deemed to include all discarded materials separated or collected for recycling.

(c) The provisions of this section shall not apply to any bonds, notes, or other evidence of indebtedness or long-term contracts which, according to their respective express terms, are payable solely and exclusively from user fees and revenues of the District.

(d) A uniform unit of cost per ton or other volume of solid waste shall be established by the Board each year. Separate and nonuniform rates and costs per ton or volume of solid waste may be established by the Board of Commissioners for solid waste management or disposal services for nonmember municipalities and their residents. Planning costs shall be apportioned among the member municipalities on the basis of the estimated or actual annual tonnage or volume of solid waste generated by each member municipality. Should it be possible to generate a surplus from user fees and revenues, the Board of Commissioners may reimburse member municipalities on an equitable basis for any assessments, or portions thereof, previously paid to the District.