(a) Adequate recordkeeping.

1. (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.
2. (2) At a minimum, each facility or transporter shall have in place a waste ticket system, whereby a ticket is provided to the customer and the facility or transporter retains a duplicate of the ticket.

3. (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:

   1. (A) The customer name;
   2. (B) The geographical source of the waste, by county at the least;
   3. (C) The type or kind of solid waste, defined herein, received or transported; and
   4. (D) The net weight or amounts, compacted and uncompacted, of the waste.

(b) Fee determination.

1. (1)

   1. (A) 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.
   2. (B) Waste net weight or amounts and fee amounts shall be determined utilizing one (1) or more of the following methods, or another method that has received written approval by the Division of Environmental Quality, and shall be calculated in accordance with procedures set forth in an approved disposal fee plan pursuant to this part:

(i) 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;

1. (ii) 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

   1. (iii) If the landfill operates on a weight basis, the waste net weight reported on the quarterly report shall be reported in tons with the respective fee amounts calculated as set forth herein and in the approved disposal fee plan.

2. (2)

   1. (A) 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 Solid Waste Management Rules, 8 CAR pt. 60.
   2. (B) 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. (3)

   1. (A) 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.
   2. (B) At a minimum, the transporter shall retain a copy of each ticket or receipt received from the landfill.
   3. (C) The ticket received from the landfill shall be used by the transporter to calculate disposal fees to be submitted quarterly to the division.

   4. (D) Such records shall be available to the division for inspection.

      1. (c) Waste reduction. 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:
4. (1) Suitable materials, approved by the division as recyclable and marketable, pursuant to Rules of the State of Arkansas for County Recycling Programs, 8 CAR pt. 63, or that can otherwise be put to a beneficial reuse, may be set aside from the waste that has been received and ticketed, but prior to disposal;
5. (2) Materials set aside for recycling shall have been completely removed from the premises for marketing, or otherwise put to a beneficial reuse that has been approved by the division, before credits for such materials shall be approved by the division;

6. (3)

   1. (A) Records showing types, descriptions, and net weight or amounts of materials removed for marketing or beneficial reuse, and the final destination of such materials, shall be maintained by the landfill or transporter.
   2. (B) Such records shall be available to the division for inspection;
7. (4) Credit shall be applied solely to materials that were previously included in the solid waste net weight or amounts and fee calculations submitted to the division, as specified in this part; and

8. (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 part.

   1. (d) Not allowed in fees calculation.
9. (1) For purposes of the assessment of fees under this part, net weight or amounts calculations shall be determined on waste upon receipt at the landfill gate.

10. (2) This prohibits, at the least, the following:

    1. (A) Calculating the net weight or amounts for fees after marketable or beneficially reusable materials have been removed from the waste stream;
    2. (B) Calculating the net weight or amounts for fees after the waste has been tipped and baled at a landfill facility;
    3. (C) Calculating the net weight or amounts for fees after the waste has been placed in a landfill cell; or
    4. (D) Calculating the net weight or amounts for fees based on landfill cell capacities.

(h) Records location. 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.

1. (i) Record confidentiality. Upon a satisfactory showing to the Director of the Division of Environmental Quality 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.