Chapter 17.176 HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITE CERTIFICATE OF DESIGNATION
17.176.120 Annual Fees.
The owner or operator of any proposed incinerator or processor for which a certificate of designation is required under the Act shall provide to the County the annual estimated operating cost of that incinerator or processor as well as the annual estimated gross revenue to be received for the incineration or processing of hazardous wastes as part of the initial application for a certificate of designation. After a certificate has been issued, the owner or operator shall provide to the County not less than sixty (60) days prior to each anniversary date of the issuance of the certificate any new or revised estimates of the annual operating cost and the annual gross revenue expected to be received for the incineration or processing of hazardous wastes by the hazardous waste incinerator or processor.1. Annual estimated operating cost shall be defined as the good faith estimate provided by the owner or operator of an incinerator or processor for which a certificate of designation is required pursuant to the Act, of all costs, expenses, debts or obligations expended or incurred, or to be expended or incurred, including the amortized or depreciated cost of all capital expenditures based upon the planned or anticipated useful life of such capital expenditures, by said owner or operator, or their agents, in pursuit of the construction, operation, maintenance, or demolition of the incinerator or processor. If the operator is a person or entity other than the owner then the fee or other remuneration paid or to be paid to the operator for its services shall be included as an operating cost. Such good faith estimate shall include an estimate of those expenditures anticipated to be incurred in the current calendar year as well as those anticipated to be incurred in each calendar year thereafter for a minimum of three years. The expenses included in such good faith estimate shall be limited to those expenses directly incurred for and uniquely a part of the incinerator or processor project.
2. Annual estimated gross revenue shall be defined as the good faith estimate provided by the owner or operator of an incinerator or processor for which a certificate of designation is required pursuant to the Act, of the total amount of money or other valuable consideration provided to or received by the entity actually charged with or contracted for the construction, operation, maintenance, or demolition of said incinerator or processor, including all amounts paid to reimburse such entity for all costs, expenses, debts, or obligations incurred by such entity in the construction, operation, maintenance, or demolition of such incinerator or processor. Such good faith estimate shall include an estimate of those revenues anticipated to be paid in the current calendar year as well as those anticipated to be paid in each calendar year thereafter for a minimum of three years. The revenues included in such good faith estimate shall be limited to those revenues received, which are directly related to and uniquely a part of the incinerator or processor project.
The County shall provide to the owner or operator a statement of the annual fee that must be paid to the County as a condition of the issuance of a certificate of designation. In addition, the County shall provide as the basis for such fee, an estimate of all direct costs necessitated by the construction, operation, maintenance, or demolition of the proposed incinerator or processor. The County shall provide the initial year’s annual fee and the estimated cost basis of that fee to the owner or operator prior to the issuance of the certificate of designation. After the issuance of a certificate of designation, the County shall provide to the certificate holder each subsequent year’s annual fee within 30 days prior to the anniversary date of the issuance of a certificate, and annual updates or amendments to the estimated direct costs.