8.04.230 Authority to regulate collection rates.
A. In issuing licenses for solid waste handling services, the county expressly reserves the right to approve and to limit the rates for collection and disposal, which may include establishment of categories, such as single-family, residential, multifamily residential and various commercial rate categories. The county’s rate regulation authority may be exercised at the time of the issuance of a license and/or at any time thereafter that the Board determines that due to the lack of appropriate competition, rate regulation is necessary for the protection of the residents and businesses within the county.
B. In the event that the Solid Waste Administrator believes that there is a reasonable basis to believe that the rates should be regulated, the Administrator shall report same to the Board and upon the Board’s election, the Board shall notify the collector of the time and date at which time the Board shall conduct a hearing to consider whether the collector’s rates should be regulated. Any proceedings under this subsection shall not occur any more frequently than once a year.
1. In establishing rates or in considering rate increases or decreases, the Board must find that the rates will be just, fair, reasonable and sufficient to provide proper service to the public. The Board may consider the rates charged by other persons performing the same or similar services in similar areas, and may, where justified, allow for disparity of costs of providing services in the locality served. No collector may charge rates for any service in excess of those specifically approved by the Board. A collector is free to charge rates less than what are authorized by the Board; provided, that such charges are applied uniformly within the service area.
2. Factors to be considered shall include the investment in facilities; the services of management; local wage scales; the concentration of customers in the zone serviced; methods of storage, collection, transportation and disposal; the length of haul to disposal facilities; the cost of disposal; a reasonable return to the owner of the business; the future service demands of the area or site which must be anticipated in equipment, facilities, personnel or lands; extra charges for special collections or collections on days when service is not normally provided on a route; extra charges where the type or character of solid waste requires special handling or service; and other pertinent factors as the Board may deem necessary to protect the public health, interest, and welfare. In determining the reasonableness of the rate of return of the collector the Board is expressly authorized to and shall consider the nature of solid waste collection and whether the collector is operating with or without competition and whether there is a monopoly or quasi-monopoly for the collector.
3. The Solid Waste Administrator or the solid waste fee administrator may make or may be required by the Board to make an investigation of any proposed rate increases or decreases. Upon completion of this investigation, the solid waste fee administrator shall make recommendations to the Board regarding the proposed rate.
4. After considering the recommendation of the Solid Waste Administrator, the Board may establish uniform rates throughout the county or may establish uniform rates within areas based on the length of haul or other factors which may, in the opinion of the Board, justify establishment of rate differentials.
C. No collector subject to rate regulation hereunder shall give any rate preference to any person, locality or type of solid waste stored, collected, transported or deposited; nor shall any collector deny any person service for any reason other than for failure to pay for the service, or for the continued failure of the person to comply with the provisions of this chapter regarding the use of appropriate containers.
D. Nothing in this section is intended to prevent the reasonable establishment of uniform classes of rates based upon length of haul, type of solid waste stored, collected, transported or deposited, or the number, type and location of customers served, or upon other factors as long as such rates are reasonably based upon costs of the particular service and are approved by the Board.
E. If the county acts so as to regulate solid waste collection rates, the affected licensee shall thereafter be entitled to request an amendment to the rates, not more frequently than once per year. Any request by a collector for an amendment to the solid waste rates shall be submitted by the collector, if at all, on or before July 1st of each year. Notwithstanding anything to the contrary, the maximum amount that the rates may be raised in any single year may not exceed 10 percent.
F. Rates to be charged for unscheduled service shall be arranged with the customer and shall not be subject to regulation by the county. Notwithstanding the foregoing, the county reserves the right to regulate rates if Board finds that the rates are, using the criteria set out above regarding rates for regular service, excessive. The Board shall notify any collector of its intent to consider regulation of unscheduled rates and shall conduct a public hearing thereon prior to regulating unscheduled service rates.
G. Neither the county nor any of its officers or employees shall be liable for or in any way responsible for the payments of any service rates or charges due the collector for performing services for any person or entity other than the county. (Ord. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)