ENACTED 05/19/1998

SUBSTITUTE ORDINANCE NO. SO98-1110

A SUBSTITUTE ORDINANCE TO AMEND SECTION 10.20.200 OF THE METROPOLITAN CODE OF LAWS BY REVISING TIP FEES.

WHEREAS, Tennessee Code Annotated 68-211-835 authorizes the imposition of a tipping fee upon each ton of municipal solid waste or its volume equivalent received at a municipally-owned solid waste disposal facility or incinerator; and,

WHEREAS, Tennessee Code Annotated 5-19-107(11) authorizes counties to collect reasonable charges in connection with garbage and rubbish collection and/or disposal; and,

WHEREAS, T.C.A. 7-54-103(e) authorizes a municipality to levy and collect fees, rates, or charges in connection with the delivery or disposal of solid waste at the site of an energy-production facility, landfill, or otherwise; and,

WHEREAS, it is in the best interest of the Metropolitan Government to revise the tip fees currently set at Section 10.20.200 of the Metropolitan Code of Laws.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1: That Section 10.20.200 of the Metropolitan Code of Laws is deleted in its entirety and the following is substituted in lieu thereof:

All metropolitan government sanitary landfills, incinerators, or other solid waste collection or disposal facilities, including, but not limited to, energy production facilities, shall have tip fees established and all persons shall pay a tip fee of six dollars per cubic yard or twenty-four dollars per ton of loose or compacted refuse, effective May 1, 1998.

SECTION 2: Future changes in the tip fee established by this ordinance may be made by resolution of the Metropolitan Council.

SECTION 3: Should any provision of this Ordinance be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this Ordinance.

SECTION 4: This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leo Waters