(1) A county judge who has performed an evaluation under § 14-16-804 may submit to the quorum court a recommendation that an assessment be made by the county in the form of a proposed assessment ordinance as provided under this section.
(2) The proposed assessment ordinance shall include the amount that the county judge recommends to be assessed on a per-load basis for each load that is transported by a disposal hauler to a disposal facility.
(3) The maximum amount of the assessment in the proposed assessment ordinance is five dollars ($5.00) per load of materials or production fluids from oil or gas exploration.
(4) The proposed assessment ordinance shall include a penalty as provided under § 14-16-808.