(a) The waste assessment fee shall be assessed and collected as follows:

1. (1) Disposal facilities located within Arkansas but outside of Benton County.

   1. (A) Fees for solid waste that is generated or collected within the Benton County Regional Solid Waste Management District and transported outside of the Benton County Regional Solid Waste Management District to a disposal facility located within the State of Arkansas may be collected by the receiving disposal facility from the person or entity delivering the waste.
   2. (B) If the receiving disposal facility does not agree, in writing, to collect the fees on behalf of the Benton County Regional Solid Waste Management District, the waste hauler shall submit the fees directly to the Benton County Regional Solid Waste Management District.
   3. (C) If the receiving disposal facility agrees, in writing, to collect the fees on behalf of the Benton County Regional Solid Waste Management District, the facility shall:

(i) Ensure that each customer to the facility is asked the county in which the waste was generated and accurately record the county of origin in the load records;

1. (ii) Accurately track the tonnage and/or volume of waste received from Benton County; and

   1. (iii) If any load is received by the receiving disposal facility which contains waste which has been collected from both Benton County Regional Solid Waste Management District and another regional solid waste management district:

(b) (b) One-half (1/2) of the tonnage and/or volume of these loads shall be recorded as having been received from the Benton County Regional Solid Waste Management District;

1. (2) Disposal facilities located outside of Arkansas.

   1. (A) Fees for solid waste that is generated and/or collected within the Benton County Regional Solid Waste Management District and transported directly outside of the Benton County Regional Solid Waste Management District, without first being delivered to a solid waste facility located within the Benton County Regional Solid Waste Management District for disposal in another state, shall be submitted to the Benton County Regional Solid Waste Management District directly by the hauler that collected the waste.

   2. (B) The hauler shall:

      1. (i) Accurately track the tonnage and/or volume of waste collected within Benton County; and
      2. (ii) Submit those fees to the Benton County Regional Solid Waste Management District; and

2. (3) Transfer stations within the Benton County Regional Solid Waste Management District.

   1. (A) Fees for solid waste that is generated or collected within the Benton County Regional Solid Waste Management District and delivered to a transfer station located within the Benton County Regional Solid Waste Management District shall be collected by the transfer station from the person or entity delivering the waste.
   2. (B) The transfer station shall accurately track the tonnage and/or volume of waste received.

   3. (C)

      1. (i) If the transfer station transports the waste outside of the Benton County Regional Solid Waste Management District to a disposal facility located within the State of Arkansas, the transfer station may elect to submit the fees collected on the waste by the transfer station to the receiving disposal facility if the receiving disposal facility agrees, in writing, to collect the fees on behalf of the Benton County Regional Solid Waste Management District as outlined in subdivision (a)(1) of this section.
      2. (ii) If the receiving disposal facility does not agree, in writing, to collect the fees on behalf of the Benton County Regional Solid Waste Management District, the transfer station shall submit the fees directly to the Benton County Regional Solid Waste Management District.
   4. (D) If the transfer station transports the waste outside of the Benton County Regional Solid Waste Management District to a disposal facility located outside the State of Arkansas, the transfer station shall submit the fees directly to the Benton County Regional Solid Waste Management District.

(b) The service fee shall be collected as follows:

1. (1)

   1. (A)

      1. (i) For waste collected from a residence or business by a for-hire waste hauler, the waste hauler shall be responsible for collecting the fee from the residence or business.
      2. (ii) The fee shall be collected on each bill issued by the hauler to the residence or business.

   2. (B) If actual waste weights are not recorded at the times of collection, haulers may estimate waste generation amounts for each individual residence or business using:

      1. (i) The known collection container volume and statistical data from the United States Environmental Protection Agency; or
      2. (ii) Historical data collected through the hauler’s operations.
   3. (C) The Benton County Regional Solid Waste Management District shall have the right to review and approve or change the methodology used to estimate generation amounts for each residence or business.
   4. (D) Any fees charged to a residence or business as a result of using estimation of fees which are discovered to be in excess of the actual fees paid to the Benton County Regional Solid Waste Management District by the waste hauler, after comparison of actual fees collected versus fees submitted based on actual weights disposed, shall be submitted to the Benton County Regional Solid Waste Management District as soon as the amount of excess is discovered; and

2. (2) For waste generated by a residence or business which is hauled to a disposal facility by anyone other than a for-hire waste hauler on behalf of the residence or business, the person or entity delivering the waste to the disposal facility shall be responsible for paying the fee:

   1. (A) At the time of delivery to a transfer station or other disposal facility located within Benton County;
   2. (B) At the time of delivery to a disposal facility located outside of Benton County but within the State of Arkansas and which has agreed in writing to collect the fee on behalf of Benton County Regional Solid Waste Management District; and

   3. (C) According to the requirements of 8 CAR § 110-806, directly to the Benton County Regional Solid Waste Management District if hauled to a disposal facility located:

      1. (i) Outside of Arkansas; or
      2. (ii) Inside Arkansas which has not agreed to collect the fee on behalf of the Benton County Regional Solid Waste Management District.
      3. (c) If a property owner fails to pay the service fee pursuant to the requirements above to either the hauler, the disposal facility, or the Benton County Regional Solid Waste Management District, the outstanding fees shall become a lien on the property.