§ 402. Budget appropriation
(a) Proposed budget. Annually, on or before December 1, the Board of Supervisors shall approve and cause
to be distributed to the legislative branch of each member municipality for review
and comment an annual report of its 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 tipping fees and other sources not including assessments
levied on the member municipalities;
(9) the necessary appropriations to operate and carry out the District’s functions for
the next fiscal year;
(10) the proposed assessment, if any, to each member municipality;
(11) such other estimates as the Board of Supervisors shall deem necessary to propose.
(b) The Board of Supervisors shall hold a public hearing on or before January 15 of each
year to receive comments from the legislative bodies of member municipalities and
hear all other interested persons regarding the proposed budget. Notice of such hearing
shall be the same as that specified under section 503 of subchapter 5 of this chapter,
public hearings. The Board of Supervisors shall give consideration to all comments
received and make such changes to the proposed budget as it deems advisable.
(c) Budget adoption, tipping fees, and appropriations. Annually, on or before January 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, set the tipping fee for the next ensuing
fiscal year, and assess each member municipality, if necessary, for its proportionate
share of the sums so appropriated, and adopt a schedule designating when such assessments,
if any, are due and payable by the member municipalities.
(d) Apportionment of assessments. Assessments established under this subchapter shall be apportioned among the member
municipalities on the basis of relative tonnage or volume of solid waste generated
by or within each of the member municipalities, or by any other equitable means as
determined by the Board of Supervisors. Each member municipality shall be assessed
a percentage of the sum appropriated equal to the ratio that the solid waste generated
by the member municipality bears to the total solid waste generated within the District.
The Board of Supervisors shall 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 may 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.