§ 35. Budget appropriation and assessment
(a) Proposed Budget. Annually on or before the 15th day of December, the Board of Supervisors shall establish
the per capita assessment to be paid by each member municipality for the next succeeding
fiscal year and therefor shall approve and cause to be distributed to the legislative
branch of each member municipality for review and comment an annual report of activities,
including a financial statement, and a proposed budget of the District for the next
fiscal year. This proposed budget shall include reasonably detailed estimates of:
(1) deficits or surpluses, or both, from prior fiscal years;
(2) anticipated expenditures for the administration of the District;
(3) anticipated expenditures for the operation and maintenance of any District solid waste
facilities;
(4) costs of debt service;
(5) payments due on long-term contracts;
(6) payments due to any sinking funds for the retirement of debts;
(7) payments due to any capital reserve funds;
(8) anticipated revenues from sources other than assessments to member municipalities;
(9) the necessary appropriations to operate and carry out the District’s functions for
the next fiscal year;
(10) the proposed assessment to each member municipality;
(11) such other estimates as the Board of Supervisors shall deem necessary to propose.
(b) Budget hearing. The Board of Supervisors shall hold a public hearing on or before the first day of
November of each year to receive comments from the legislative bodies of member municipalities
and hear all other interested persons regarding the proposed per capita assessment
and the proposed budget. Notice of such hearing shall be the same as that specified
under section 44 of this chapter. The Board of Supervisors shall give consideration
to all comments received and make such changes to the proposed per capita assessment
and the proposed budget as it deems advisable.
(c) Budget adoption, appropriations, and assessment. Annually, on or before May 15, the Board of Supervisors shall adopt the budget, appropriate
the sums that it deems necessary to operate and carry out the District’s functions
for the next ensuing fiscal year, assess each member municipality for its proportionate
share of the sums so appropriated, and adopt a schedule designating when such assessments
are due and payable by the member municipalities.
(d) Apportionment of assessments. Assessments may be apportioned among the member municipalities on the basis of population
or relative tonnage or volume of solid waste generated by or within each of the member
municipalities. Each member municipality may be assessed a percentage of the sum
appropriated equal to the ratio that solid waste generated by the member municipality
bears to the total solid waste generated within the District. At the discretion of
the Board of Supervisors, population may be used as an indicator of waste generation.
The Board of Supervisors may determine each member municipality’s solid waste generation
based upon actual tonnage or volume delivered, historic tonnage or volume, computed
or estimated tonnage or volume, or guaranteed tonnage or volume, whether actually
delivered or not. If, after the first year of operation of any District facility,
the Board of Supervisors determines that prior assessments were substantially inequitable,
it shall retroactively adjust prior year assessments such that municipalities overcharged
are given a proportionate credit against future assessments and municipalities undercharged
are assessed a proportionate surcharge payable over such period as the Board of Supervisors
determines will be reasonable. Thereafter, the Board of Supervisors may from time
to time reestablish the percentage of solid waste generation attributed to each member
municipality and adjust the assessments accordingly, but no retroactive adjustments
shall be made. Similar estimates and adjustments shall be made for new member municipalities
and for the first time use of a new or different disposal facility.