O.C.G.A. § 12-8-39 (2019)
(Effective July 1, 2022.) Cost reimbursement fees; surcharges; exempt contracts; reporting
(a) Effective January 1, 1992, each city or county which operates a municipal solid waste disposal facility is authorized and required to impose a cost reimbursement fee upon each ton of municipal solid waste or the volume equivalent of a ton, as determined by rules of the division, for each ton of municipal solid waste received at a municipal solid waste disposal facility regardless of its source. The fee imposed may be equal to, or a portion of, the true cost of providing solid waste management services on a per ton or volume equivalent as determined pursuant to the forms, rules, and procedures developed by the Department of Community Affairs.
(b) A minimum of $1.00 per ton or volume equivalent of the cost reimbursement fee specified in this Code section which is received by the city or county, if implemented after March 30, 1990, shall be paid into a local restricted account and shall be used for solid waste management purposes only.
(c) Effective January 1, 1992, when a municipal solid waste disposal facility is operated as a joint venture by more than one city or county or combination thereof, by a special solid waste district, or by an authority, the cost reimbursement fee specified in this Code section shall be imposed by the joint operators, district, or authority and the cost reimbursement fee received shall be administered as outlined in subsection (b) of this Code section and shall be remitted into a restricted account established by the participating local governments.
(d)(1)(A) Until June 30, 2019, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. Except as otherwise provided in subparagraph (B) of this paragraph, effective July 1, 2019, when a municipal solid waste disposal facility is owned by private enterprise, the host local government is authorized and required to impose a surcharge of $2.50 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.
(B) When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equiva887
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lent for construction or demolition waste or inert waste, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.
(C) Any contract in existence on September 1, 2020, shall be exempt from the provisions of this subsection until such time as the contract is renewed, replaced, extended, amended, or otherwise changed.
(2)(A) At least 20 percent of the surcharges collected pursuant to this subsection shall be expended for the following purposes: (i) To offset the impact of the facility;
(ii) Public education efforts for solid waste management, hazardous waste management, and litter control;
(iii) The cost of solid waste management;
(iv) Administration of the local or regional solid waste management plan;
(v) Repair of damage to roads and highways associated with the facility;
(vi) Enhancement of litter control programs;
(vii) Ground-water and air monitoring and protection associated with the location of the facility;
(viii) Remediation and monitoring of closed or abandoned facilities within the jurisdiction of the host local government;
(ix) Infrastructure improvements associated with the facility;
(x) Allocation of such funds in any fiscal year to a reserve fund designated for use for the above purposes in future fiscal years; and
(xi) For the acquisition of property and interests in property adjacent to or in reasonable proximity to the facility upon a determination by the host local government that such acquisition will serve beautification, environmental, buffering, or recreational purposes such as will ameliorate the impact of the facility.
(B) Those surcharges not expended or allocated as provided for in subparagraph (A) of this paragraph may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs.
(3) Host local governments may negotiate for and obtain by contract surcharges higher than those set forth in this subsection;
furthermore, nothing in this subsection shall reduce any such surcharge in existence on July 1, 2019.
(e) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75¢ per ton of solid waste disposed. Two percent of said surcharge collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit toward the surcharge listed above per ton of material recycled at the facility.
(f ) Reserved.
(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after June 30, 2032. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the Hazardous Waste Trust Fund.
(h) The division shall advertise to the public the surcharges imposed pursuant to subsection (e) of this Code section in accordance with rules promulgated by the board.
History
Code 1981, § 12-8-39, enacted by Ga. L. 1990, p. 412, § 1; Ga. L. 1992, p. 2234, § 4; Ga. L. 1992, p. 3276, §§ 15, 16; Ga. L. 2002, p. 927, § 1; Ga. L. 2011, p. 283, § 2/HB 274; Ga. L. 2012, p. 775, § 12/HB 942; Ga. L. 2013, p. 856, § 1/HB 276; Ga. L. 2018, p. 228, § 1/HB 792; Ga. L. 2019, p. 261, § 1/HB 220; Ga. L. 2020, p. 25, § 2/SB 123; Ga. L. 2021, p. 761, § 4/HB 511. Delayed effective date. - Code Section 12-8-39 is set out twice in this Code. This version is effective July 1, 2022. For version effective until July 1, 2022, see the preceding version. The 2019 amendment, effective June 30, 2019, in paragraph (e)(1), substituted ‘‘Effective until June 30, 2020, owners’’ for ‘‘Owners’’ at the beginning of the first sentence, added the second sentence, and
substituted ‘‘the surcharges listed above’’ for ‘‘such surcharges of 75¢’’ near the end of the last sentence; in subsection (g), substituted ‘‘surcharges’’ for ‘‘surcharge’’ near the middle, substituted ‘‘are reimposed’’ for ‘‘is reimposed’’ in the middle, and substituted ‘‘July 1, 2022’’ for ‘‘July 1, 2019’’ at the end. The 2020 amendment, effective June 29, 2020, substituted ‘‘subparagraph (B)’’ for ‘‘subparagraphs (B) and (C)’’ in the second sentence of subparagraph (d)(1)(A); deleted former subparagraph (d)(1)(B), which read: ‘‘When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent until June 30, 2025, and a surcharge of $2.00 per ton or volume
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equivalent effective July 1, 2025, for fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility.’’; redesignated former subparagraph (d)(1)(C) as present subparagraph (d)(1)(B); and added subparagraph (d)(1)(C); substituted ‘‘20 percent’’ for ‘‘50 percent’’ in subparagraph (d)(2)A); in paragraph (e)(1), substituted ‘‘Owners’’ for ‘‘Effective until June 30, 2020, owners’’ at the beginning, deleted the former second sentence, which read: ‘‘Effective from July 1, 2020, until June 30, 2022, owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 51¢ per ton of solid waste disposed.’’, substituted ‘‘surcharge’’ for ‘‘surcharges’’ in the present second sentence, and substituted ‘‘toward the surcharge’’ for ‘‘towards the surcharges’’ in the last sentence; and, in subsection (g), substituted ‘‘surcharge’’ for ‘‘surcharges’’, substituted ‘‘is reimposed’’ for ‘‘are reimposed’’, substituted ‘‘June 30, 2025’’ for ‘‘July 1, 2022’’, and added the last sentence. The 2021 amendment, effective July 1, 2022, redesignated former paragraph (e)(1) as present subsection (e); deleted former paragraph (e)(2), which read: ‘‘The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2.’’; substituted ‘‘Reserved’’ for the former provisions
of subsection (f ), which read: ‘‘All surcharges required by subsection (e) of this Code section shall be paid to the division for transfer into the state treasury to the credit of the general fund. The division shall collect such fees until the unencumbered principal balance of the hazardous waste trust fund equals or exceeds $25 million, at which time the division shall not collect any further such surcharges until the unencumbered balance in such fund equals or is less than $12.5 million, at which time the division shall resume collection of such surcharges at the beginning of the next calendar year following the year in which such event occurs. The director shall provide written notice to all permitted solid waste disposal facilities at the time he receives notice that the unencumbered balance of such trust fund equals or exceeds $25 million or equals or is less than $12.5 million.’’; and, in subsection (g), substituted ‘‘June 30, 2032’’ for ‘‘June 30, 2025’’ in the first sentence, and substituted ‘‘Hazardous Waste Trust Fund’’ for ‘‘hazardous waste trust fund’’ at the end of the second sentence.
Annotations
Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, ‘‘March 30, 1990’’ was substituted for ‘‘the effective date of this part’’ in subsection (b). Editor’s notes. - Ga. L. 2021, p. 761, § 23/HB511, not codified by the General Assembly, provides: ‘‘In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.’’