A. Establishment of Annual Fee for "Residential Equivalents". For the purposes of this Ordinance, the average amount of solid waste generated by a single family dwelling shall be referred to as a "residential equivalent". An annual solid waste parcel fee of $150 is hereby established for FY 1997/98 for each such "residential equivalent" in accordance with the land use classifications set forth in the table below. Revenues from such fees shall be used for the acquisition, operation, and maintenance of County waste disposal sites and to finance solid waste collection including transfer station operations, solid waste processing and disposal, and compliance with State-mandated solid waste programs, fees, and other solid waste related requirements.

B. Classification of Parcels. Land within the County has been classified in accordance with various uses to which the land is put and in accordance with the average volume of waste occurring from each of the designated land use classifications. Applicable solid waste generation rates (expressed as multipliers of the "residential equivalent" are hereby established for each land use classification in accordance with the following schedule"

C. Fee Collection. Property owners shall be billed and the money from such billing shall be collected by the County Tax Collector as part of the regular Calaveras County secured tax roll billing system. Owners of property and property interests which do not appear on the regular County secured assessment role and from which solid waste is generated shall be billin and the money collected annualy bt the County Tax Collector without reference to the regular County tax billing system. Provisions shall be made by the Calaveras County Public Works Department to allow property owners to apply for the appropriate exemptions and refunds as set forth in this Ordinance.

D. Appeals.

E. Industrial and Public Agency Land Uses. The "residential equivalents" for industrial parcels and public agencies who land use is not included in the above Land Use Classification Table shall be established based on estimates of solid waste generation as determined by the Calaveras County Department of Public Works. The fee shall be calculated on the basis of average loose cubic yards of waste generation per "residential equivalent".

F. Fee Exemptions. Unimproved parcels of land shall be exempted from any property related solid waste fee pursuant to this Ordinance.

G. Fee refunds. A property related fee shall be imposed, in accordance with the Land Use Classification Table above, to owners of all properties within Calaveras County on which there is a dwelling unit, commercial building, or other site improvement which, if occupied, would be considered to be a generator of solid waste. Refunds of this fee payment shall be issued to property owners, as follows:

Applications for refunds pursuant to this section are to be submitted to the Calaveras County Department of Public Works after June 30th of the fiscal year for which the refund is being requests, but not later than June 30th of the third fiscal year thereafter.

H. Part-Time Credits. If a dwelling, commercial building, or any other waste generating structure or site improvement is occupied less than 90 days during the fiscal year, one quarter (25%) of the applicable residential equivalent fee for such year will be credited to the solid waste fee on the property for the next year upon application of the property owner and approval by the Calaveras County Department of Public Works. All applications for part-time credit pursuant to this section shall be accompanied by sufficient proof, as may be required by the Department of Public Works, to determine that the property qualifies for the part-time credit. Part-time credits are not available unless all residental units, businesses, or other buildings on any one parcel qualify for a part-time credit.

Legal affidavits for credit pursuant to this section shall be submitted to the Calaveras County Department of Public Works no later than June 1st of the fiscal year for which the credit is being requested. Part-time credit requests which are received after this date may not be processed and no refunds for unclaimed part-time credits for previous fiscal years may be issued unless the Director of Public Works makes a finding that such requests were, in fact, mailed on-time and were subsequently lost in the mail or improperly processed by Public Works due to clerical error.

I. Limitations on Use of Calaveras County Solid Waste Services and Facilities. Non-residents or those who do not own improved property within Calaveras County subject to a property-related solid waste fee shall not be allowed to dispose of solid waste materials at any of the County’s solid waste facilities nor participate in any County-sponsored solid waste management programs unless they reside in a jurisdiction which has a Joint Powers Agreement approved by the Calaveras County Board of Supervisors. Proof of residency or ownership of property subject to a solid waste fee may be established by the possession of (1) a valid California Drivers License with a Calaveras County address; (2) a current Tax Statement (or photo-reproduced copy thereof) showing the property-related solid waste fee; or (3) other means as may be determined by the Board of Supervisors.

J. Repeal. All Resolutions or Ordinances classifying land and established sold schedule of solid waste fees for years prior to FY 1997/98 are hereby superseded and replaced by this Ordinance.