I. – Municipalities that provide at least household waste collection may institute a tax intended to provide for the expenses of the household waste collection and treatment service and the waste mentioned in Article L. 2224-14 of the General Local Authorities Code, as well as expenditure directly linked to the definition and assessments of the local programme for the prevention of household and similar waste mentioned in article L. 541-15-1 of the Environment Code, insofar as they are not covered by ordinary revenue not having a fiscal nature.
The expenses of the waste collection and treatment service mentioned in the first paragraph of this I include:
<1° Actual operating expenditure;
2° Operating expenditure for depreciation of fixed assets when, for an investment, the tax has not provided for the corresponding actual investment expenditure, in respect of the same year or a previous year ;
3° The actual investment expenditure when, for an investment, the tax has not provided for the operating expenditure consisting of the depreciation allowances for the corresponding fixed assets, in respect of the same year or a previous year.
When a municipality provides at least the collection and has transferred the remainder of the responsibility for disposal to a public establishment for inter-municipal cooperation with its own tax status, it may, by concordant deliberations with the latter, establish a partial repayment of the proceeds of the tax for the removal of household waste to the benefit of the latter.
II. – By way of derogation from I, the provisions of a of 2 of VI of Article 1379-0 bis are applicable to communes that belong, for all of this competence, to a mixed syndicate.
III. – In the event that the communes introduce the fee referred to in Article L. 2333-77 of the General Code of Local Authorities, the tax for the removal of household waste does not apply to camping sites or sites arranged for the parking of caravans or to facilities for collective use located on these sites.
The introduction of the fee mentioned in article L. 2333-76 of the aforementioned code entails the abolition of the household waste removal tax and the fee provided for in article L. 2333-77.
This abolition takes effect:
– from 1st January of the year in which the decision was made if this decision is prior to 1st March;
– from 1st January of the following year in other cases.
IV.-(1) The tax rebate following the finding, by a court decision that has become final, of the illegality of the deliberations taken by the municipality or the public establishment for inter-municipal cooperation, based on the circumstance that the revenue from the tax and, consequently, its rate are disproportionate to the amount of expenditure mentioned in the first paragraph of I of this article and not covered by ordinary non-tax revenue, as can be estimated on the date of the vote on the resolution setting this rate, is borne by this municipality or this public body for inter-municipal cooperation. It is deducted from the allocations mentioned in articles L. 2332-2, L. 3662-2 and L. 5219-8-1 du code général des collectivités territoriales.
The tax administration communicates to the municipalities or public establishments for inter-municipal cooperation concerned, within two months of the date of notification of the tax relief granted in application of this IV, the amount of tax relieved, the initial amount of tax contested as well as the reference of the judgement on which the tax relief decision is based.