(a) Petition filing.

1. (1) Any landfill permittee or transporter who disagrees with the fee amount due may file a petition for review with the Director of the Division of Environmental Quality within twenty (20) calendar days following the payment or payment due date.

2. (2) The petition must contain:

   1. (A) A statement of the fee amount the landfill permittee or transporter admits is due and payable;
   2. (B) A statement of the fee amount the landfill permittee or transporter contests; and
   3. (C) Documentation of the amount of solid waste received during the contested payment period including, but not limited to:

(i) Daily gate or transporting receipts showing the geographic source of waste;

1. (ii) The type or kind of waste defined in this part and in Solid Waste Management Rules, 8 CAR pt. 60, received; and

   1. (iii) The net weight or amounts of the waste.

(b) Petition review.

1. (1) The director shall review the petition and make a final determination of the amount of the contested fee.

2. (2) Such notice shall contain:

   1. (A) The name, business address, and permit or transporter billing identification number of the landfill permittee or transporter;
   2. (B) The director’s decision and date of decision; and

   3. (C) A statement that the landfill permittee or transporter may request an adjudicatory hearing and Arkansas Pollution Control and Ecology 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 Administrative Procedures, 8 CAR pt. 11.

      1. (c) Late fee due and payable.
3. (1) 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.

4. (2) Any late payment charges also shall be due and payable by the date the petition for review is due.

   1. (d) Procedures stayed.
5. (1) Upon the filing of a petition for review, the timely payment procedures and late payment charges contained in this part are automatically stayed for the amount of the fee which is contested.
6. (2) 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.

1. (1) 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.
2. (2) 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 part, shall so state.