§ 2053-G — Charges by the authority; method of collection

§ 2053-g. Charges by the authority; method of collection. 1. The\nauthority may fix and collect, on any equitable basis, rates, rentals,\nfees and other charges for the use of facilities of or services or\ncommodities provided by the authority, including the availability of any\nof the foregoing from the authority. Such rates, rentals, fees and other\ncharges may be fixed and collected from any person to whom such\nfacilities, services or commodities are provided by or made available\nfrom the authority, including generators of solid waste and owners of\nreal property upon which solid waste is generated. Such rates, rentals,\nfees and other charges may be the same or different for each\nclassification of user or service recipient and may, by way of example,\nreflect the source and composition of solid waste and may provide for\nfee reductions to the users or service recipients in proportion to waste\ngenerated or to reflect participation in source separation programs. In\nany instance where the county is or would be required by law, with\nrespect to solid waste management, to conduct a public hearing in\nconnection with a user or rate, rental, fee or other charge, the\nauthority shall not establish, fix, or revise any classification of user\nor service recipient, rate, rental, fee or other charge unless and until\nthe authority has held a public hearing at which interested persons have\nhad an opportunity to be heard concerning the same; provided however,\nthat if the county has conducted a public hearing in connection with\nsuch rate, rental, fee or other charge, the authority shall not be\nrequired to hold a public hearing. Notice of any such public hearing\nshall be published at least ten days before the date set therefor, in at\nleast one newspaper of general circulation in the county. Such notice\nshall set forth the date, time and place of such hearing and shall\ninclude a brief description of the matters to be considered at such\nmeeting. A copy of the notice shall be available for inspection by the\npublic. At any such hearing, any interested persons shall have an\nopportunity to be heard concerning the matters under consideration. Any\ndecision by the authority at such public hearing shall be in writing and\nbe made available in the office of the authority for public inspection\nduring regular office hours.\n 2. All rates, rentals, fees and other charges for the use of the\nfacilities of, or services provided or made available by, the authority\nand billed directly by the authority to the user or service recipient\npursuant to a classification of users or service recipients adopted by\nthe authority as herein provided shall be a lien upon the real property\nupon which, or in connection with which, services are provided or made\navailable, as and from the first date fixed for payment of such rates,\nrentals, fees and other charges. Any such lien shall take precedence\nover all other liens or encumbrances, except taxes or assessments. The\ntreasurer of the authority shall prepare and transmit to the respective\nlegislative body of each municipality, on or before the first day of\nDecember in each year, a list of those properties within each respective\nmunicipality using such facilities or for which such services were\nprovided or made available and from which the payment of rates, rentals,\nfees and other charges are in arrears for a period of thirty days or\nmore after the last day fixed for payment of such rates, rentals, fees\nand other charges without penalty. The list shall contain a brief\ndescription of such properties, the names of the persons or corporations\nliable to pay for the same, and the amount chargeable to each, including\npenalties and interest computed to December thirty-first of that year.\nEach governing body shall levy such sums against the properties liable\nand shall state the amount thereof in a separate column in the annual\ntax rolls of the various municipalities under the headings "solid waste\ndisposal charge" and "animal management charge", as appropriate. Such\namounts, when collected by the several municipal collectors or receivers\nof taxes, shall be paid over to the treasurer of the authority.\nAlternatively, the legislative body of any municipality which provides\nsolid waste collection service to all or a portion of the properties\nwithin its boundaries using municipally owned and operated collection\nvehicles may execute an agreement with the authority to collect and be\nresponsible for the collection of, on behalf of the authority, any\noverdue or delinquent rates, rentals, fees or other charges and such\nmunicipality shall have the power to pay directly to the authority such\noverdue or delinquent rates, rentals, fees and other charges whether or\nnot they are actually collected from the users or service recipients of\nsuch municipality. All of the provisions of the tax law of the state\ngoverning enforcement and collection of unpaid taxes or assessments for\nspecial improvements not inconsistent herewith shall apply to the\ncollection of such unpaid rates, rentals, fees and other charges.\n