1. (a) Starting April 1, 2013, there shall be assessed a fee to be paid to the Southeast Arkansas Regional Solid Waste Management District on all solid waste, sludge, and discarded material generated:

   1. (1) Within the district that is collected and delivered to a disposal facility or landfill within the district or a landfill or a processing, transfer, or disposal facility outside the district; and
   2. (2) Outside the district and delivered to a disposal facility or landfill within the district.

2. (b) This fee will be applicable to all solid waste, sludge, and discarded material, whether collected, transported, and/or delivered by a:

   1. (1) Private entity;
   2. (2) Municipality; or
   3. (3) County government.
3. (c) Solid waste includes, without limitation, “solid waste” as defined by Arkansas Code § 8-6-702(13).

4. (d) Sludge includes, without limitation, sludge collected or transported from a:

   1. (1) Wastewater treatment plant;
   2. (2) Water supply treatment plant; or
   3. (3) Air pollution control facility.

5. (e) Discarded material includes, without limitation, solid, liquid, semisolid, or contained gaseous material resulting from:

   1. (1) Industrial, commercial, mining, and agricultural operations; and
   2. (2) Community activities.

6. (f) This fee will not be applied to:

   1. (1) Permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of solid wastes generated by such industry;
   2. (2) Any recyclable materials which are processed and marketed for recycling;
   3. (3) Any organic materials which are delivered to a Class Y or Class O composting facility;
   4. (4) Any materials which are removed from solid waste and processed for recycling;
   5. (5) Waste tires processed through the district’s waste tire program; or
   6. (6) Household hazardous wastes collected through the district’s HHW program that is handled as Subtitle C waste.

Codification Notes: "HHW" means household hazardous waste.