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Commune de Daverdisse

Grand Place 1
6929 HAUT-FAYS

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Tax on household waste collection and treatment

In view of the Local Democracy and Decentralisation Code, especially article L 1122-30;
In view of article 135 §2 of the new municipal law;
In view of the decree of 27 June 1996 on waste, in particular articles 5 ter and 21;
In view of the tax decree of 22 March 2007 encouraging waste prevention and recovery and in particular its "penalty deduction" system;
In view of the Walloon Waste Plan "Horizon 2010" adopted by the Walloon Government ruling of 15 January 1998;
In view of the Walloon Government memo of 30 March 2006 on waste prevention and management;
In view of the Walloon Government ruling of 13 December 2007 on the financing of waste management facilities;
In view of the Walloon Government ruling of 5 March 2008 on the management of waste resulting from normal household activities and covering the related costs and in particular articles 7 and 10;
In view of the current legal and regulatory provisions on the implementation and collection of municipal taxes;
Whereas, in accordance with article 21 §1 para. 2 of the decree of 27 June 1996 on waste, the municipality must progressively pass on the costs of managing the waste resulting from normal household activities to the users, at a rate no lower than 75% in 2008, 80% in 2009, 85% in 2010, 90% in 2011 and 95% in 2012 of the costs payable by the municipality - and the rate must not be higher than 110% of the costs;
Whereas waste collection and treatment consists of the set of services listed in articles 6 and following of the municipal regulations on waste management.
In view of the Municipality's financial situation;

After discussion;

DECIDED unanimously:

1) For 2009 for the benefit of Daverdisse Municipality, and expiring 31 December 2009, a fixed municipal tax is agreed for the removal of rubbish for the following amounts:
Fixed part of the tax
- Households: 110 €
- People living alone: 70 €
- Second homes: 110 €
- Self-catering accommodation: 110 €
- Shops: 110 €
- Hotels-restaurants: 110 €
- Holiday camps: 110 €

Second homes, self-catering accommodation, hotels-restaurants, shops and professionals and holiday camps are considered as households.

Variable part according to the quantity of waste produced
- Per additional collection (that is to say, above the number allocated free of charge): 0,50 €
- variable tax: 0,075 € for each kilo collected.

2) People living alone benefit from a free quota of 26 wheelie-bin collections per year.
Households benefit from a free quota of 34 wheelie-bin collections per year.

Second homes, self-catering accommodation, hotels-restaurants, shops and professionals and holiday camps are considered as households.

3) The tax is owed by any household occupying all or part of a constructed building on whatsoever basis, and benefiting from the service, whether or not it is registered in the Daverdisse population registers.

The following are considered to benefit from the rubbish collection service: all buildings on the collection route or at a distance of no more than 50 meters from this route, and all owners of land rented for holiday camps whether or not this land is situated on the collection service route; in addition owners of this land must do what is necessary to bring the rubbish to the normal collection route.

4) The tax is payable for the whole year for taxpayers residing in the municipality on 1 January or who take up residence there during the 1st half of the year.
Taxpayers who take up residence there during the second half of the year will be entitled to exemption from half of the tax. Taxpayers who move away from the municipality during the first half of the year, will also be entitled to exemption from half of the tax.

5) The tax is not payable for buildings or parts of buildings used for free or paying public service purposes, which are the concern of the state, province or municipality, even if these buildings are owned by the municipality, or rented directly or indirectly by the state, province or municipality, or by its employees. However, this exemption does not apply to buildings or parts of buildings occupied on a private basis or for these employees' personal use.

6) The tax roll will be drawn up and made enforceable by the Municipal College in accordance with the law of 24 December 1996.

7) The tax will be collected by the municipal collector of taxes in accordance with the rules drawn up for the collection of state taxes.

8) The taxpayer will receive a notice of assessment at no charge. He must be notified, under penalty of debarment, within six months of the date of the implementation stamp.
Anyone liable to pay a tax established by means of an assessment roll can submit an objection to the Municipal College. This reasoned objection must be made in writing and be handed in or sent by post within six months of the notice of assessment being sent. Acknowledgements of receipt of objections will be issued.

9) The Municipal College will check the amount owed of the disputed tax and will order exemption of any assessment which appears to be unjustified.
It cannot increase the disputed tax. It will make a ruling within six months of issuing the acknowledgement of receipt with a reasoned decision and will notify the taxpayer by registered letter.

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