Each operator of a waste facility licensed hereunder
shall pay to the Township an annual fee of 10% of the annual gross
receipts associated with the operation of the facility but no less
than $100,000 per annum or such other minimum payment as may be determined
after notice and opportunity for hearing before the Controlling Officer.
The fee shall be deposited into a special fund to reimburse the Township
for all municipal costs associated with the operation of the facility,
such as fire and safety preparedness, road maintenance, inspection
and regulation, monitoring, natural resource maintenance, self-insurance
for the risk of loss to the Township, quality of life expenditures
to offset the stress of living near the waste facility, the administration
of this chapter and other purposes stated in LLRWDA, Section 318(f).[1]
[1]
Editor's Note: See 35 P.S. § 7130.318(f).
Analysis of municipal costs associated with
the operation of the facility will be made by the Controlling Officer,
who will make recommendations to the Township Supervisors for any
such adjustment as may be necessary to assure that the percentage
fee is directly related to such costs, including a reasonable reserve
for possible future costs to the Township during any phase of the
active institutional control period when gross receipts might decline
below costs.
Adjustments made to the annual fee after the
analysis of municipal costs may be applied so as to increase or decrease
the annual fee for subsequent years.
The operator shall pay for any legal and accounting
costs which result from the challenge of any action taken pursuant
to this chapter by the Township or any of its officials.
