(b) Failure to comply with these conditions may result in the denial, suspension, or revocation of a solid waste hauler’s license:

1. (1) Solid waste shall be collected and transported so as to prevent public health hazards, environmental hazards, safety hazards, and nuisances, and shall be kept in a sanitary condition;

2. (2)

   1. (A) Collection and transportation equipment shall be designed and constructed so as to be leak-proof.
   2. (B)

(i) The solid waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors, or creation of other nuisances.

1. (ii) This means that vehicles must have either:

(b) (b) For vehicles with open waste storage areas, such as caged pickups, they must be tarped when traveling in excess of thirty-five miles per hour (35 m.p.h.).

1. (C) The Benton County Regional Solid Waste Management District shall have the right to inspect and approve or disapprove all vehicles used for solid waste collection or transportation within the district;
2. (3) Collection and transportation vehicles shall be kept in a sanitary condition;
3. (4) Every unit of collection equipment, container, or vehicle utilized by any solid waste hauler such as dumpsters, roll-off containers, collection bins, and collection vehicles must display both the business name and phone number in letters no less than four inches (4”) high on at least two (2) sides of the unit;

4. (5)

   1. (A) All solid waste collected shall be transported only to a solid waste facility that holds all permits and licenses required by appropriate federal, state, local, and district laws and rules.

   2. (B) Recyclable materials may be delivered to either a:

      1. (i) Solid waste facility; or
      2. (ii) Recyclable materials collection center.
   3. (C) Open burning of solid waste by any person, except as exempted in 8 CAR § 40-503, is prohibited;

5. (6)

   1. (A) Prior to changing the receiving facility for any solid waste from the facility indicated in the licensing application, the solid waste hauler must provide written notification to the district of their intent to change facilities and include the name and location of the proposed new facility.
   2. (B) Once district staff has received and acknowledged notification, the hauler may begin delivering waste to the new facility;
6. (7) All solid waste haulers shall abide by all federal, state, local, and district laws and rules regarding the collection, transportation, and disposal of solid waste;

7. (8)

   1. (A) All solid waste haulers within the district shall at all times maintain proof of a current district solid waste hauler’s license within each vehicle hauling solid waste within the district.
   2. (B) A current license decal issued by the district, when placed on the driver’s side of the windshield, shall be considered adequate proof.
   3. (C) Haulers who license more than twenty (20) vehicles will receive a fleet license certificate and may meet this requirement by placing a copy of the fleet license in each vehicle;

8. (9)

   1. (A) All residential waste haulers shall be required to utilize a pay-as-you-throw or variable-rate pricing structure which delivers a direct economic incentive to the resident to recycle more and to generate less waste.
   2. (B) Residents shall be charged for the collection of waste based on the amount they throw away with incrementally increased cost for excess waste.
   3. (C) Municipalities shall be required to include a pay-as-you-throw or variable-rate pricing structure in all solid waste contracts which become eligible for renewal or negotiation;

9. (10)

   1. (A)

      1. (i) Service shall be provided to residential locations within an incorporated municipality at a minimum of once per week.
      2. (ii) Service shall be provided to residential locations outside an incorporated municipality at a minimum of once per month.

   2. (B)

      1. (i) Haulers may alter their normal service schedule during state or national holiday weeks or as a result of inclement weather conditions so long as they provide service to all customers within seven (7) days of the missed collection.
      2. (ii) Customers should be provided a minimum of two (2) weeks' notice of any known change in collection schedule.
   3. (C) If a hauler fails to provide service for more than two (2) weeks of any month for any reason other than inclement weather conditions, they shall be required to reduce the customers’ next service invoice by an amount equal to that portion of the month for which a customer did not receive service;
10. (11) Haulers are responsible for immediately cleaning up any spills and/or loose trash caused by the hauler;

11. (12)

    1. (A) The district shall establish geographical service areas or zones based on areas of similar population and road miles.
    2. (B) Haulers may provide service in any service zone they wish.

    3. (C)

       1. (i) When licensing, haulers will be required to indicate in which zones they wish to provide service.
       2. (ii) A hauler who indicates that they provide service in a zone must provide service to any customer within that zone that requests it, unless that hauler can show good cause why they will not provide service to that customer.
       3. (iii)

(b) (b) The location of the customer will not be considered good cause; and

1. (13)

   1. (A) Pursuant to Arkansas Code § 8-6-606(b), each solid waste hauler who at any time collects waste generated and transported within the state but disposed of outside the state shall be assessed a fee by the Division of Environmental Quality as follows:

      1. (i) For all solid waste generated and transported within the state but to be disposed of outside the state, there is imposed on each such solid waste transporter a solid waste transportation fee of:

(b) (b) Forty-five cents (45¢) for each compacted cubic yard of solid waste transported; and

1. (ii) If a solid waste transporter chooses to operate on a weight basis, the solid waste transporter fee shall be one dollar fifty cents ($1.50) for each ton of solid waste transported in the state.

   1. (B) These fees are payable directly to the Division of Environmental Quality as outlined in Solid Waste Management Rules, 8 CAR pt. 60.