Waste Generation Fee Appeal Information

The Waste Generation Fee (WGF) is derived from official sources, therefore the burden of proof in any appeal is on the party contesting the bill. Currently, some property owner's waste collection, and hence WGF, is provided directly by their municipality. In some circumstances, these property owners may be mistakenly issued a separate WGF bill. This error in WGF assessment can be remedied by the property owner providing a letter that states the location of their property, including parcel number, and indicating the name of the municipality, which is directly providing for their WGF. The Waste System Authority of Eastern Montgomery County (WSA) reserves the right to verify that the property owner's waste collection is directly provided by their municipality.

WGF bills can be adjusted in other situations including, but not limited to the following:

1. Non-Residential generators and Multi-Family generators only may, within the discount period for paying the WGF, appeal in writing to the WSA on forms provided by the WSA for any of the following reasons:

   1. Incorrect waste generation classification assignment,

   2. The gross floor area of improvement used as the basis for determining the number of Business Size Indicators (BSI),

   3. The incorrect number of multi-family dwelling units.

2. The Waste Generator must include with the appeal a detailed statement of the basis for the appeal and documents supporting the Waste Generator's assertion that:

   1. As to Non-Residential Generators:

      1. The Waste Generator should be included in a different waste generation classification,

      2. The gross floor area used to calculate the Waste Generation Fee is incorrect.

   2. As to Multi-Family Generators that the numbers of units used to calculate the number of BSI's is incorrect.

If the Waste Generator has challenged the Waste Generation Fee Category in which the property has been placed, the documents provided by the Waste Generator should include evidence reflecting waste generation at the property, including, but not limited to contracts with solid waste collectors, receipts from solid waste collectors, disposal or other tickets reflecting solid waste handling. If the Waste Generator has challenged the gross floor area used to calculate the Waste Generation Fee, the documents provided should include evidence of the actual gross floor area of the property and a description of the manner in which it was calculated. If the Waste Generator has challenged the number of units, it shall provide evidence of the actual number of units.

WSA may request that the Waste Generator provide additional information, which WSA reasonably believes will assist them in deciding the appeal. If the Waste Generator fails to provide this information within ten (10) days of WSA's request, WSA may dismiss the appeal.

WSA will make a written determination of the appeal that will include findings supporting WSA's determination. The written determination will be mailed to the Waste Generator by first class mail. Other than dismissal of an appeal for the reason stated above, the determination must either affirm or adjust the total WGF. The adjustment may decrease or increase the WGF imposed. The decision of WSA is valid only for the year in which the appeal takes place and does not apply to subsequent years' WGF calculations by WSA.

The Waste Generator must pay the non-residential waste generation fee when it is charged, even if an appeal is made. If the appeal results in a change, a revised bill will be issued. If necessary a refund will be mailed for any overpayment. If additional payment is due, the Waste Generator will have thirty (30) days to pay the additional amount without interest or penalty.

Click here for the additional background, including classifications

Click here for the WGF Appeals Form