After January 1, 1992, no person (excluding the City of Henderson)
shall operate a solid waste landfill or transfer station within Henderson
County, Kentucky without a valid license issued by the Fiscal Court.
A.
Within 30 days after receipt of a complete and proper application
for license as provided herein, the Fiscal Court shall issue a license
for a solid waste landfill and/or transfer station to the applicant.
B.
The license so issued shall be effective for a period of one year
unless sooner terminated as provided herein and may be renewed for
successive one-year periods upon application for renewal as provided
herein.
A.
An application for license shall be made under oath on forms provided
by the Fiscal Court and the applicant shall provide all information
requested thereon.
B.
Any person operating a landfill and/or a transfer station in the
County at the time of enactment of this Part 2 shall make application
for a license hereunder on or before January 1, 1992.
C.
Any license issued hereunder (or renewal thereof) shall be renewed
by the Fiscal Court upon proper and complete application made therefor
under oath on forms provided by the Fiscal Court. Any such renewal
application shall be filed with the Fiscal Court no later than 30
days prior to expiration of the existing license.
A.
The license fee shall be a sum equal to 5% of the actual gross receipts
of the solid waste landfill and/or transfer station.
B.
The license fee shall be paid monthly and payment shall be made on
the last day of each month for gross receipts of the immediately preceding
month.
C.
Proceeds from the license fee shall be used for the general revenue
requirements of the County, except that 3% of said revenues shall
be used for a program of waste reduction and recycling within the
County.
Upon failure of the holder of the license to pay the license
fee as and when provided herein, the license shall be deemed thereupon
revoked and any subsequent operation of the landfill shall be in violation
of this Part 2 and subject to punishment as set out herein.
A.
Each licensee shall keep accurate and adequate records regarding
gross receipts of the solid waste landfill. A copy of these records
shall accompany the monthly payment of the license fee, and the originals
thereof shall be available for inspection by the Fiscal Court or its
representative upon request. These records shall be kept confidential.
B.
Each licensee shall, in addition, provide the Fiscal Court with records
indicating the total quantities of waste received in the landfill
and/or transfer station and the source(s) of solid waste. These records
may be duplicates of records required by the Kentucky Natural Resources
and Environmental Protection Cabinet, Solid Waste Branch, as a condition
of the licensee's operational permit. Such records shall be submitted
quarterly on the first day of the fourth month of the license year.
