§ 4-4-38. Disposal fee adjustment for nonresidential rates.

The nonresidential rates, fees and charges shall be adjusted as follows whenever the disposal rate at the solid waste facility designated by the county is changed.

(1)

Sixty (60) days prior to the effective date of any adjustment in the disposal fee to be charged at the county's sanitary landfill or other solid waste facility which the county has authorized the franchisee to use, the county shall notify the franchisee of such adjustment. The franchisee shall immediately recalculate its then existing nonresidential rates according to the following formula:

Step 1: Y = T ° 13.3

Step 2: D = T ° (1 - m)

Where:

Y = The amount of increase in disposal cost per yard

T = The amount of increase in disposal cost per ton

D = Increase in disposal component rate per yard

M =Last approved operating margin of franchisee as determined by the governing body.

(2)

The formula applies only to that portion of the nonresidential rates representing the disposal component of the then existing nonresidential rates. The disposal component shall be that portion of the commercial rates, as shown in the franchisee's cost of service study, attributable to the cost of disposal of solid waste at the county authorized solid waste facility.

(3)

Within thirty (30) days of the date of the notice of the proposed adjustment in solid waste disposal fees, the franchisee shall forward to the county administrator and the county environmental and extension services department new rates based on the new disposal fee.

(4)

Adjusted rates shall become effective upon approval of the board of county commissioners by resolution.

(Ord. No. 2004-006, § 1, 2-10-04)