(a) The Board of Supervisors shall establish a fee structure for the purpose of generating revenues for the District, which fee structure shall be designed to generate sufficient revenue to enable the District to operate and carry out its functions and financial obligations, including the timely payment of its longterm indebtedness, bonded indebtedness, and anticipated closure costs. The surcharge fee schedule shall be based upon the actual tonnage collected and reported by District-registered haulers from each member municipality. The fee schedule shall be expressed in dollars per ton or dollars per cubic yard, as the Board of Supervisors shall determine to be most appropriate. Fees may include the rate of surcharge, tipping fees for recycling, charges for waste services, per capita fees, and amount to be assessed against each member municipality of the District for all waste generated within the member municipality and managed by the District, which assessment shall be billed with such frequency as the Board of Supervisors shall determine appropriate. "Per capita" means charges based on the most recent decennial census of towns.

(b) In the event disposal fees assessed by the District shall at any time generate insufficient revenues to enable the District to meet its financial obligations as set forth and contained in the District's adopted budget, the Board of Supervisors shall immediately amend its waste disposal fee schedule to the extent necessary to raise the amount of revenue projected by the duly adopted budget.

(c) In the event the District shall conclude a fiscal year with a surplus in an amount in excess of five percent of the amount reflected in the annual budget, the Board of Supervisors shall, unless affirmatively determined by a majority of the Board of Supervisors that such surplus, or some portion thereof, should be retained by the District, refund the surplus to the member municipalities. The amount of any refund to the member municipalities shall be the total amount of surplus to be refunded multiplied by the fraction, the numerator of which shall be the volume of waste disposed of by or from the member municipality during that fiscal year, and the denominator of which shall be the volume of waste disposed of by or from all member municipalities during that fiscal year. (Amended 2017, No. M-2, § 2.)