§ 417-37. Apportionment of assessments

Assessments may be apportioned among the member municipalities on the basis of population, trash generation (relative to the tonnage or volume of solid waste generated by or within each of the member municipalities), or other basis voted by the Board of Supervisors. If, after the first year of operation of any District facility, 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 by a vote of members present and representing two-thirds of all the votes entitled to be cast at a regular meeting, or a special meeting called for that purpose, change the basis of the assessment. The Board may 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. In the event of a proposed change in the method of assessment, the Board of Supervisors shall hold a public hearing on or before December 7th of each year to receive comments from the legislative bodies of member municipalities and hear all other interested persons regarding the proposed method of assessment. Notice of such hearing shall be the same as that specified under section 46 of this chapter, public hearings. The Board of Supervisors shall give consideration to all comments received and make such changes to the proposed method of assessment as it deems advisable. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)