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Text of Document: April 14, 2010
Mrs. Debbie McMullin, City Manager
City of Mount Pleasant
100 Public Square, P.O. Box 426
Mount Pleasant, Tennessee 38474
Dear Mrs. McMullin
You have asked if the city can impose any permit fees or other fees on a private solid waste facility and operator within the City of Mount Pleasant? It is my opinion that the city cannot impose any fees on the operation of the private owned facility, but can impose a franchise fee on the collection system operator’s use of city streets.
TCA 68-211-835 (g) (3) provides that a solid waste disposal fee shall not be imposed on any generator of solid waste when the generator’s solid waste is managed in a privately owned solid waste disposal system or resource recovery facility owned by the generator. It appears that the city cannot charge any tipping fees or other fees associated with the operation of a transfer station or other solid waste facility not owned by the city.
Landfills and solid waste transfer stations are permitted and managed by the State of Tennessee’s Solid Waste Division of the Department of Environment and Conservation. TCA 68-211-116 requires a performance bond be posted by the operator to the Commissioner of Environment and Conservation to ensure proper operation and closure of solid waste disposal and processing facilities. Perhaps the owner has met the zoning condition by posting the bond with the commissioner.
You may want to ask the city attorney to review the applicability of TCA 68-211-707 as it relates to local approval and subsequent rejection.
A franchise fee can be imposed for the collection system operator’s use of city streets. If the city charges other franchise operators for the use of city streets, perhaps the collection system operator’s franchise fee could be similarly calculated.
Please let me know if you want MTAS to assist with the development of a franchise.
Sincerely
Ron Darden
Municipal Management Consultant
Cc. MTAS Senior Legal Consultant Sid Hemsley |