Each landfill and each transporter, required under this rule to pay disposal fees, shall provide a written Disposal Fee Plan to the Division that establishes an accurate method of quantifying the amount of solid waste received and a suitable means of calculating the amount of disposal fees payable to the Division pursuant to Ark. Code Ann. §§ 8-6-606 and 8-6-1003 et seq. and this rule.

If the existing Operating Plan and Narrative, required under Rule 22, does not adequately address waste and recycle stream accounting, the landfill permittee shall update the Operating Plan and Narrative to conform to the requirements of this rule. The Division will provide a format for permittees to follow when establishing the disposal fee plan portion of the Operating Plan and Narrative. The Disposal Fee Plan shall be considered an integral part of the Operating Plan required under Rule 22. The Disposal Fee Plan shall not be subject to permit modification fee charges required under Rule 9.

The Division will provide a format for each transporter to follow when establishing a Disposal Fee Plan.

New or revised Disposal Fee Plans will be effective on the first day of the first quarterly reporting cycle after written approval, by the Division, of the Disposal Fee Plan or Operational Plan.

Any Disposal Fee Plan that is not approved must be rewritten and resubmitted for approval within thirty (30) days of the date of the written disapproval notice from the Division. Disapproval of a submitted Disposal Fee Plan is a decision of the Director and may be appealed under Rule 8: Administrative Procedures.

A landfill or a transporter may, in writing, request an extension from the Division at least two (2) weeks prior to the Disposal Fee Plan due date. If the request is approved, the Division will issue a written extension agreement.