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An ordinance amending the Metropolitan Code of Laws Title 10, Section 10.20.360, Solid waste generator fees, to clarify fees due upon disposing out of county waste in Davidson County.
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WHEREAS, The Metropolitan Code of Laws Section 10.20.360 (A) as amended provides that any person collecting, hauling or disposing of any waste, other than construction and demolition waste, originating or produced in Davidson County shall pay to the metropolitan government a solid waste generator fee equal to six dollars per ton of such waste; and,
WHEREAS, the current language of Section 10.20.360 is ambiguous as to waste collected or hauled outside of Davidson County, but later received, processed, or disposed of in Davidson County; and,
WHEREAS, as contemplated, the solid waste generator fee should apply to all waste disposed of in Davidson County, even if said waste originates or was produced outside of Davidson County; and,
WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County that the language of Section 10.20.360(A) be amended for clarification.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 10, Section 10.20.360 of the Metropolitan Code of Laws shall be amended by deleting subsection A in its entirety and replacing it with the following:
In addition to tip fees otherwise due, every person collecting, hauling, receiving, processing, or disposing of any waste in Davidson County, other than construction and demolition waste disposed of at a class III or class IV disposal facility permitted by the Tennessee Department of Environment and Conservation, shall pay to the metropolitan government a solid waste generator fee of six dollars per ton of such waste. Persons collecting, hauling or disposing of such waste shall be jointly and severally liable for the payment of the fee; provided, however, that only one fee shall be owed on each ton of waste. The solid waste generator fee shall not be owed on recovered materials, yard waste or waste hauled, collected or disposed of directly by the metropolitan government or persons under contract with the metropolitan government to haul, collect or dispose of waste. The solid waste generator fee applicable to construction and demolition waste disposed of at a class III or class IV disposal facility permitted by the Tennessee Department of Environment and Conservation shall be as specified in subsection B. of this section.
Section 2. That this Ordinance shall take effect after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.