(a) Adequate recordkeeping.
(1) The owner, operator, or any other responsible party of any permitted solid waste facility and each solid waste hauler or any other responsible party shall establish and maintain adequate records in order to:
- (A) Facilitate the reporting process; and
- (B) Assure accurate waste net weight and fee determinations.
(2) At a minimum, each facility or hauler shall have in place a waste ticket system, whereby:
- (A) A ticket is provided to the customer; and
- (B) The facility or hauler retains a complete record of the ticket.
(3) These records shall:
- (A) Be maintained on a daily basis, as the solid waste is received;
- (B) Include, at a minimum:
(i) The customer name; and
(ii) The type or kind of Subtitle D of the Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, solid wastes including municipal waste received or transported; and
- (C) The net weight of the waste.
(b)
- (1) Each solid waste facility 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 facility, as required by federal, state, or local law or rule.
(2) Such records shall be:
- (A) Used by the facility to calculate disposal fees submitted quarterly to the Benton County Regional Solid Waste Management District; and
(B) Available to the district for inspection.
- (c)
(1) Each hauler shall provide and maintain an adequate means of recording the amount of waste that is:
- (A) Collected from its customers; and
- (B) Transported to a solid waste facility out of district.
(2)
- (A) At a minimum, the hauler retains a copy of each ticket or receipt received from the facility.
- (B) The ticket received from the facility shall be used by the hauler to calculate disposal fees to be submitted quarterly to the district.
(3) Such records shall be available to the district for inspection.
- (d) Records availability. Any records, reports, or information obtained under this part and any permits, permit applications, and related documentation shall be available to the district for inspection and copying during normal business hours, unless otherwise deemed necessary by the district, and any records obtained by the district shall be available to the public for inspection and copying during normal business hours.
- (e) Records location. The facility owner, operator, or any other responsible party shall maintain records at the facility and a hauler 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 district.
- (f) Record confidentiality. Upon a satisfactory showing to the Executive Director of the Benton County Regional Solid Waste Management District 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 executive director shall consider, treat, and protect such records, reports, or information as confidential.
(g) Restriction of confidentiality. As necessary to carry out the provisions of this part, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of the district or the State of Arkansas, if the:
- (1) Solid waste facility permittee, owner, operator or any other responsible party, or the hauler, or any other responsible party, to which the information pertains is informed at least two (2) weeks prior to the transmittal; and
- (2) Information has been acquired by the district under the provisions of this part.