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,~ 1$, R-09-04 RESOLUTION IN OPPOSITION TO INCREASE IN MUNICIPAL SOLID WASTE TIPPING FEES PROPOSED BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AND REQUEST FOR DELAY IN BOARD OF DIRECTORS ACTION. WHEREAS, the Cities of Franklin, Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton are members of the Southeastern Public Service Authority of Virginia ("SPSA"), which was reorganized under the Acts of Assembly 1977, Chapter 544, as amended by Acts of Assembly 2000, Chapter 596 and Acts of Assembly 2003, Chapter 872, and which is subject to the Virginia Waste and Water Authorities Act ("the Act"); and WHEREAS, SPSA is charged with the duty of providing for the acquisition, financing, construction, operation, and maintenance of a garbage and refuse collection and disposal system, including a system for the for the recovery, conversion, transportation and sale of solid wastes and any by-products derived therefrom; and WHEREAS, in 2008, the Virginia Auditor of Public Accounts conducted a study of SPSA operations and management and found that SPSA carries an unmanageable level of debt and relies completely on the tipping fees of six member localities, with little or no effort made to lower costs or increase revenues from other sources; and WHEREAS, Section 15.2-5136 of the Act, authorizes SPSA to fix and revise rates, fees and other charges, for the services and facilities of a refuse collection and disposal system sufficient to pay all or any part of the cost of operating and maintaining same; and WHEREAS, under SPSA' s current schedule of fees and charges for solid waste management services, the member jurisdictions, with the exception of the Cities of Suffolk and Virginia Beach, are assessed $104.00 per ton of waste ("tipping fee") collected or deposited at a SPSA facility, other than residential solid waste delivered in a private automobile or "low-side" pickup truck ("municipal solid waste"); and WHEREAS, the City of Suffolk does not pay any tipping fee for solid waste management services, or for any other services provided by SPSA, pursuant to its agreement with SPSA to host the regional landfill; and WHEREAS, the City of Virginia Beach currently pays tipping fees for solid waste management services capped at the sum of $53.88 per ton of municipal solid waste, pursuant to its agreement with SPSA allowing the deposit of ash at the Virginia Beach municipal landfill; and WHEREAS, on January 7, 2009, the SPSA Board of Directors approved a preliminary schedule of tipping fees which will increase the amount paid by the Cities of Franklin, Chesapeake, Norfolk and Portsmouth and by the Counties of Isle of Wight and Southampton to the sum of $245.00 per ton of municipal solid waste; and