§ 401-33. Budget appropriation

(a)(1) Proposed budget. Annually, on or before the first day of December, 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:

(A) deficits or surpluses, or both, from prior fiscal years;

(B) anticipated expenditures for the administration of the District;

(C) anticipated expenditures for the operation and maintenance of any District solid waste facilities;

(D) costs of debt service;

(E) payments due on long-term contracts;

(F) payments due to any capital reserve funds;

(G) anticipated revenues from charges for the disposal of solid waste and other sources;

(H) the necessary appropriations to operate and carry out the District's functions for the next fiscal year;

(I) the proposed assessment, if any, to each member municipality;

(J) such other estimates as the Board of Supervisors shall deem necessary to propose.

(2) The Board of Supervisors shall hold a public hearing on or before the last day of December 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 given in such manner as the Board may prescribe. The Board of Supervisors shall give consideration to all comments received and make such changes to the proposed budget as it deems advisable.

(b) Budget, adoption, appropriations. Annually, on or before January 15, the Board of Supervisors shall adopt the budget, appropriate the sums which it deems necessary to operate and carry out the District's functions for the next ensuing fiscal year, determine the assessment of each member municipality, if necessary, for its proportionate share of the sums so appropriated over and above anticipated revenues to the District, and adopt a schedule designating when such assessments, if any, are due and payable by the member municipalities.

(c) Apportionment of assessments.  In the event that it becomes necessary to levy assessments on the member municipalities, the assessments shall be apportioned among the member municipalities on the basis of relative quantities of solid waste disposal by each member municipality in a District facility if, in the judgment of the Board of Supervisors, those quantities can be adequately determined, or on the basis of population within each of the member municipalities should the Board conclude that relative waste quantities cannot be adequately determined for each member municipality at the time assessments needed to be levied. Each member municipality shall be assessed a percentage of the sum appropriated equal to the ratio which the waste quantity or population of the member municipality bears to the total waste quantity or population within the District.

(d) Failure of the Board to take any action required by this section by its prescribed deadline shall not constitute grounds for any claim or defense as to the invalidity of any assessment.