118.01.11-11.206. Record Keeping and Reporting
AR ADC 118.01.11-11.206Arkansas 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 118.01.11-11.206
Formerly cited as AR ADC 014.03.5-2
118.01.11-11.206. Record Keeping and Reporting
(1) The owner, operator, or any other responsible party of any permitted landfill facility and each out-of-state transporter or any other responsible party shall establish and maintain adequate records in order to facilitate the reporting process and to assure accurate waste net weight or amounts and fee determinations.
(3) These records shall be maintained on a daily basis, as the solid waste is received at a landfill gate, and shall include, at a minimum, the customer name, the geographic source of the waste, by county at the least, the type or kind of solid waste, defined herein, received or transported, and the net weight or amounts (compacted and uncompacted) of the waste.
Quarterly reports shall relate the total net weight or amounts of solid waste either received at a landfill facility gate within Arkansas or generated within the state and transported out of state for disposal.
(1) Waste net weight or amounts and fee amounts shall be determined utilizing one or more of the following methods, or another method that has received written approval by the Division, and shall be calculated in accordance with procedures set forth in an approved disposal fee plan, pursuant to this rule:
(a) If the waste has received any amount of mechanical compaction, such as in the delivery vehicle, upon receipt at a landfill gate, the waste amounts on the quarterly report shall be reported in compacted cubic yards with the respective fee amounts as calculated and as set forth herein and in the approved disposal fee plan;
(b) If the waste has not received any amount of mechanical compaction, such as in the delivery vehicle, upon receipt at a landfill gate, the waste amounts on the quarterly report shall be reported in uncompacted cubic yards with the respective fee amounts calculated as set forth herein and in the approved disposal fee plan; or
(2) Each landfill facility, landfill permittee or owner, operator or any other responsible party shall provide and maintain an adequate means of recording the amount of waste that is received by the landfill, as required under Rule 22. Such records shall be used by the landfill to calculate disposal fees submitted quarterly to the Division and shall be available to the Division for inspection.
(3) Each transporter shall provide and maintain an adequate means of recording the amount of waste that is collected from its customers and transported to a landfill disposal facility out of state. At a minimum, the transporter shall retain a copy of each ticket or receipt received from the landfill. The ticket received from the landfill shall be used by the transporter to calculate disposal fees to be submitted quarterly to the Division. Such records shall be available to the Division for inspection.
If a landfill or transporter chooses to remove recyclable materials from the solid waste suitable for marketing or beneficial reuse, disposal fee credit, to be reflected on the quarterly reports to the Division, may be received for such materials, provided that the following conditions are met:
(5) In order for any waste reduction means or methodology to be utilized by a landfill or a transporter that involves the setting aside, prior to disposal, of materials from waste that has been received, such a means or methodology shall be a part of the approved disposal fee plan, as specified in this rule.
For purposes of the assessment of fees under this rule, net weight or amounts calculations shall be determined on waste upon receipt at the landfill gate. This prohibits, at the least, the following:
Each landfill and each transporter shall submit to the Division on or before January 15, April 15, July 15, and October 15 of each year, a quarterly report which accurately states the total net weight or amounts of solid waste received at or transported to a landfill facility during the previous quarter.
For record keeping and reporting purposes under this rule, commercial waste transportation vehicles and trailers shall be presumed to be full to vehicle capacity upon being received at a landfill facility gate, unless otherwise demonstrable.
Any records, reports, or information obtained under this rule and any permits, permit applications, and related documentation shall be available to the Division for inspection and copying during normal business hours, unless otherwise deemed necessary by the Division, and any records obtained by the Division shall be available to the public for inspection and copying during normal business hours.
The landfill facility owner, operator, or any other responsible party shall maintain records at the facility and a transporter or any other responsible party shall maintain records at the quarterly reporting address, unless an alternative location is required and has been requested in writing and approved by the Division.
Upon a satisfactory showing to the Director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods, processes, or customer lists entitled to protection as trade secrets, then the Director shall consider, treat, and protect such records, reports, or information as confidential.
As necessary to carry out the provisions of this rule, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States, if the landfill permittee, owner, operator or any other responsible party, or the transporter, or any other responsible party, to which the information pertains is informed at least two (2) weeks prior to the transmittal, and if the information has been acquired by the Division under the provisions of this rule.
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 118.01.11-11.206, AR ADC 118.01.11-11.206
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