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118.01.11-11.205. Fee Schedule and Collection of Fees

AR ADC 118.01.11-11.205Arkansas 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 118.01.11-11.205
Formerly cited as AR ADC 014.03.5-2
118.01.11-11.205. Fee Schedule and Collection of Fees
Currentness
(A) Fee Schedule for Municipal Landfills and for Out-of-State Transporters
The following fee schedule for fees imposed under the provisions of the Solid Waste Management and Recycling Fund Act, Ark. Code Ann. § 8-6-601 et seq., shall be effective, based on the following methods of measure, for each landfill, except as specified herein, and for each out-of-state transporter:
(1) Twenty-five cents (25¢) for each uncompacted cubic yard of solid waste received at a landfill or transported out of state for disposal; and
(2) Forty-five cents (45¢) for each compacted cubic yard of solid waste received at a landfill or transported out of state for disposal; or
(3) One dollar and fifty cents ($1.50) for each ton of solid waste received at a landfill or transported out of state for disposal.
(B) Fee Schedule for Municipal Landfills
The following fee schedule for fees imposed under the provisions of the Landfill Post-Closure Trust Fund Act, Ark. Code Ann. § 8-6-1001 et seq., shall be effective, based on the following methods of measure, for each permitted landfill, except as specified herein:
(1) Fifteen cents (15¢) for each uncompacted cubic yard of solid waste received at a landfill;
(2) Thirty cents (30¢) for each compacted cubic yard of solid waste received at a landfill; or
(3) One dollar ($1.00) for each ton of solid waste received at a landfill.
(C) Fee Schedule for Private Industry Landfills
The fee schedule imposed under the provisions of the Solid Waste Management and Recycling Fund Act, Ark. Code Ann. § 8-6-601 et seq., shall be effective, based on the following methods of measure for each applicable landfill facility where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, except for those landfills operated by a regulated public utility for ash generated by the combustion of coal to produce electric energy:
(1) Ten cents (10¢) for each uncompacted cubic yard of solid waste received at a landfill; and
(2) Twenty cents (20¢) for each compacted cubic yard of solid waste received at a landfill; or
(3) Fifty cents (50¢) for each ton of solid waste received at a landfill.
(D) Scales and Weight Reporting Requirements
(1)(a) Pursuant to Ark. Code Ann. § 8-6-606(d), by January 1, 2004, all permitted facilities identified by rule of the Arkansas Pollution Control and Ecology Commission as Class 1 and Class 3C landfills shall install scales and weigh all solid waste received at the landfill.
(b) This requirement may be satisfied utilizing an alternative weighing system approved by the Director of the Division of Environmental Quality.
(2) Class 1 and Class 3C landfills shall be required to weigh all loads in excess of one (1) ton, unless otherwise authorized in writing by the Division of Environmental Quality. This provision authorizes Class 1 and Class 3C landfills to estimate weights for residential and other similar loads weighing less than one (1) ton.
(3) Class 1 and Class 3C landfills shall install and operate scales for the purpose of weighing solid waste received at the landfill gate and shall maintain and operate the scales in accordance with the U.S. Department of Agriculture standards.
(4) Except as provided in (D)(1) and (D)(2) above:
(a) All quarterly reports required herein to be submitted by Class 1 and Class 3C landfill permittees to the Division of Environmental Quality shall accurately state the total weight of solid waste received at the landfill, and the total weight of solid waste received at the landfill shall be based upon the recorded weight scale measurements; and
(b) The recorded weight scale measurements of solid waste received at Class 1 and Class 3C landfills shall be used to calculate the solid waste disposal fees payable to the Division of Environmental Quality by Class 1 and Class 3C landfill permittees.
(E) Fee Collection
Fees imposed pursuant to the provisions of the Solid Waste Management and Recycling Fund Act, Ark. Code Ann. § 8-6-601 et seq., or the Landfill Post-Closure Trust Fund Act, Ark. Code Ann. § 8-6-1001 et seq., or both, whichever is applicable, shall be assessed and collected as follows:
(1) Fees shall be assessed and collected based upon solid waste amounts received at landfill facilities within the state and on solid waste that is generated and transported within the state that is to be disposed outside the state.
(a) Fees for solid waste received at landfill facilities within Arkansas shall be submitted to the Division by the landfill.
(b) Fees for solid waste that is generated in Arkansas but transported out of state shall be submitted to the Division by the transporter.
(2) Fees shall be due and payable quarterly and shall be based upon solid waste amounts received or transported during the previous quarter and shall be calculated in accordance with procedures set forth in an approved disposal fee plan submitted by the landfill or transporter, pursuant to the provisions of this rule.
(3) Fees for a newly permitted landfill or fees for a new transporter shall begin at the onset of operation.
(F) Unreported Fees May Be Estimated
When the information on the quarterly report is incomplete, when the quarterly report is not submitted by the due date, or when the Division has determined that a landfill facility or a transporter has misreported the amount of waste received or transported, the Division may estimate the fee amounts due based on one (1) or more of the following sources of information:
(1) Projected waste amounts, as defined in a landfill operating permit or a transporter license;
(2) Waste amounts as determined by applying current service area population and per capita solid waste multipliers;
(3) Waste amounts as determined by a Division audit;
(4) Waste amounts as reflected in previously submitted quarterly reports or in a survey; or
(5) Waste amounts reflected by any other reasonable means, as determined by the Division, to measure or weigh the solid waste.
(G) Quarterly Report Forms
A landfill facility permittee and a transporter of solid waste that is generated within the state, but to be disposed of outside the state, shall submit quarterly reports on a form approved by the Division.
(H) Landfill Fee Exemptions
Solid waste collected during the annual Keep Arkansas Beautiful and Keep America Beautiful campaigns that are sponsored by the Keep Arkansas Beautiful Commission are exempt from the landfill disposal fee pursuant to Ark. Code Ann. §§ 8-6-606(e), 8-6-612(d), and 8-6-1003(c).

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 118.01.11-11.205, AR ADC 118.01.11-11.205
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