(a)
(1) Every waste hauler which collects or transports waste in Benton County shall be required to submit a quarterly report accurately documenting:
- (A) The total net weight of solid waste collected;
- (B) The total net weight delivered to each receiving disposal facility; and
- (C) The total solid waste fees collected.
- (2) The hauler shall be responsible for submitting the fees on waste for which the applicable fees were not paid to a transfer station inside Benton County or to any disposal facility outside Benton County which agreed, in writing, to collect the fees on behalf of the Benton County Regional Solid Waste Management District.
(b)
- (1) Every disposal facility which receives waste generated or collected in Benton County shall be required to submit a quarterly report accurately documenting the total net weight of solid waste received from Benton County and to submit all applicable fees.
(2)
- (A) Every transfer station shall be required to submit a quarterly report accurately documenting the:
(i) Total net weight of solid waste collected; and
(ii) Receiving disposal facility where the waste was delivered.
- (B) Transfer stations shall be responsible for submitting the fees directly to the district on waste for which the applicable fees were not paid to a disposal facility outside Benton County which agreed, in writing, to collect the fees on behalf of the district.
- (C) Transfer stations shall provide, upon request by district staff, documentation of each load of waste transported from the transfer station including the net weight and the receiving disposal facility of each load.
- (D) Transfer stations shall provide, upon request by district staff, documentation of the total net weight of solid waste and the total fees collected from each customer.
(3)
- (A) Every landfill located inside Arkansas which receives any waste generated or collected in Benton County and which has agreed to collect the fees on behalf of the district, shall be required to submit a quarterly report accurately documenting the total net weight of solid waste received from Benton County.
- (B) Landfills which have agreed to collect the fees on behalf of the district shall be responsible for submitting the fees directly to the district.
- (C) Landfills shall provide, upon request by district staff, documentation of each load of waste received from Benton County including the net weight and the total fees collected from each customer.
(4) Every disposal facility located outside of Benton County which has not agreed to collect the fees on behalf of the district shall provide, upon request by district staff, documentation of each load of waste received from Benton County including the net weight and the total fees collected from each customer.
- (c)
- (1) Fees shall be reported on forms provided by the district.
(2) The district shall make available blank quarterly reporting forms for use in reporting fees owed to the district.
- (d) Each solid waste facility and each hauler shall submit to the district on or before January 15, April 15, July 15, and October 15 of each year, a quarterly report which accurately states the total net weight of solid waste received at or transported to a solid waste facility during the previous quarter.
(e)
- (1) Quarterly reports shall relate the total net weight of solid waste generated within the district and transported out of the district to a disposal facility.
- (2) Waste net weight reported on the quarterly report shall be reported in tons with the respective fee amounts calculated as set forth herein.
(f) Estimation of unreported fees. When the information on the quarterly report is incomplete, or when the quarterly report is not submitted by the due date, or when the district has determined that a solid waste facility or a hauler has misreported the amount of waste received or transported, the district may estimate the fee amounts due based on one (1) or more of the following sources of information:
- (1) Projected waste amounts, as defined in a solid waste facility permit or a hauler license;
- (2) Waste amounts as determined by applying current service area population and per capita solid waste multipliers;
- (3) Waste amounts as determined by a district audit;
- (4) Waste amounts as reflected in previously submitted quarterly reports or in a survey; or
- (5) Waste amounts reflected by any other reasonable means, as determined by the district, to measure or weigh the solid waste.
(g) Not allowed in fees calculation.
(1) For purposes of the assessment of fees, net weight calculations shall be determined on waste upon receipt at a solid waste facility either:
- (A) Within the district; or
- (B) Outside the district.
(2) This prohibits reducing fees owed to the district based upon the following:
- (A) Calculating the net weight for fees after marketable or beneficially reusable materials have been removed from the waste stream;
- (B) Calculating the net weight for fees after the waste has been tipped and baled at a solid waste facility; and
- (C) Calculating the net weight for fees after any nonexempt material, as defined in 8 CAR § 110-803, have been removed from the waste stream.