§ 25-15-214 — Hazardous waste disposal site fund - fees

(1) Any hazardous
waste disposal site which is issued a certificate of designation on or after July 1,
1981, or which receives approval for a substantial change in ownership as required
in section 25-15-206 (1) on or after said date shall be required, contingent upon the
issuance of a federal or state permit by the county or municipality in which it is
located, to pay to the county or municipality in which it is located an annual fee for
the purpose of offsetting the estimated direct costs of increased state, county, and
municipal services created by the hazardous waste disposal site, including, but not
limited to, the improvement and maintenance of roads and bridges, fire protection,
law enforcement, monitoring by county or municipal health officials, and
emergency preparation and response. The amount of the fee shall be two percent
of the annual estimated gross revenue received by the hazardous waste disposal
site. Out of the annual fee, the board of county commissioners or the governing
body of the municipality shall provide for the reimbursement of governmental units
for their estimated direct costs of increased services created by the hazardous
waste disposal site. In the event that the site owner or operator fails to pay the
annual fee, the board of county commissioners or the governing body of the
municipality may suspend the site's certificate of designation until the annual fee
has been paid.

(2) Any county or municipality is authorized to establish a hazardous waste
disposal site fund. All fees collected pursuant to subsection (1) of this section shall
be deposited to the credit of said fund and appropriated for the purposes for which
collected.

Legislative History

Source: L. 81: Entire article R&RE, p. 1351, � 1, effective July 1. L. 83: (1) amended, p. 1095, � 16, effective June 3.