Home Table of Contents

118.01.11-11.211. Petitioning Director for Review of Fees

AR ADC 118.01.11-11.211Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 11. Rules for Solid Waste Disposal Fees; Landfill Post-Closure Trust Fund; Solid Waste Management and Recycling Fund Distribution; and Recycling Grant Programs
Chapter 2. Solid Waste Management Landfill and Out-of-State Transporter Disposal Fee System
Effective: December 25, 2021
Ark. Admin. Code 118.01.11-11.211
Formerly cited as AR ADC 014.03.5-2
118.01.11-11.211. Petitioning Director for Review of Fees
Currentness
(A) Petition Filing
Any landfill permittee or transporter, who disagrees with the fee amount due, may file a petition for review with the Director within twenty (20) calendar days following the payment or payment due date. The petition must contain:
(1) A statement of the fee amount the landfill permittee or transporter admits is due and payable;
(2) A statement of the fee amount the landfill permittee or transporter contests; and
(3) Documentation of the amount of solid waste received during the contested payment period including, but not limited to, daily gate or transporting receipts showing the geographic source of waste, the type or kind of waste, defined in this rule and in Rule 22, received, and the net weight or amounts of the waste.
(B) Petition Review
The Director shall review the petition and make a final determination of the amount of the contested fee. Such notice shall contain:
(1) The name, business address, and permit or transporter billing identification number of the landfill permittee or transporter;
(2) The Director's decision and date of decision; and
(3) A statement that the landfill permittee or transporter may request an adjudicatory hearing and Commission review on whether the decision of the Director should be modified and that such a request shall be in the form and manner required of Rule 8: Administrative Procedures.
(C) Late Fee Due and Payable
If a landfill permittee or a transporter files a petition for review, the full amount of the contested fee and the adjustment the permittee or transporter admits is due and payable shall be paid by the date the petition for review is due. Any late payment charges also shall be due and payable by the date the petition for review is due.
(D) Procedures Stayed
Upon the filing of a petition for review, the timely payment procedures and late payment charges contained in this rule are automatically stayed for the amount of the fee which is contested. Payment of the full amount of the fee, as determined by the Director following a petition for review, shall be due within thirty (30) calendar days of issuance of the Director's decision and late payment charges shall then begin to accrue on that amount.
(E) Petition Determination
Notwithstanding the preceding, the filing of a petition for review, which is deemed by the Director to be frivolous and completely without merit, shall not operate as a stay of the timely payment procedures and late payment charges. If the Director determines that the petition for review is frivolous and completely without merit, the notice of the Director's decision, as described in this rule, shall so state.
(F) Subsequent Quarterly Fees
Filing a petition for review of a fee does not affect the application of the timely payment procedures or late payment charges for any subsequent quarterly fee or adjustment.

Credits

Amended Feb. 9, 2013; June 9, 2014; Dec. 25, 2021.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.11-11.211, AR ADC 118.01.11-11.211
End of Document