(a) Petition filing.

1. (1) Any solid waste facility permittee or hauler who disagrees with the fee amount due may file a petition for review with the Board of Directors of the Benton County Regional Solid Waste Management District within twenty (20) days following the payment or payment due date.

2. (2) The petition must contain:

   1. (A) A statement of the fee amount the solid waste facility permittee or hauler admits is due and payable;
   2. (B) A statement of the fee amount the solid waste facility permittee or hauler 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; and

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

(b) Petition review.

1. (1) The board shall:

   1. (A) Review the petition; and
   2. (B) 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 hauler billing identification number of the solid waste facility permittee or hauler; and

   2. (B) The board’s decision and date of decision.

      1. (c) Late fee due and payable.
3. (1) If a solid waste facility permittee or a hauler files a petition for review, the full amount of the contested fee and the adjustment the permittee or hauler admits is due and payable shall be paid by the date the petition for review is due.

4. (2) Any late payment charges shall also 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 board following a petition for review, shall be due within thirty (30) days of issuance of the board’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 that is deemed by the board 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 board determines that the petition for review is frivolous and completely without merit, the notice of the board’s decision shall so state.