(a) Definition of fee.
- (1) The Arkansas district waste management fee is a fee imposed by a designated regional solid waste management district within the State of Arkansas for the purpose of funding waste management programs, services, and infrastructure within the district’s jurisdiction.
- (2) The fee is applicable to the disposal or processing of solid waste within the regional solid waste management district.
(b) Fee structure.
- (1) The fee shall be assessed on a per-ton basis and is payable by individuals, businesses, or other entities who dispose of waste within the jurisdiction of the Southwest Central Regional Solid Waste Management District.
- (2) The exact amount of the fee shall be determined by the Southwest Central Regional Solid Waste Management District and may vary depending on the Southwest Central Regional Solid Waste Management District’s operational needs and budgetary requirements, provided that such fee does not exceed the maximum allowable fee as prescribed by law.
(c) Use of funds. Revenues collected from the Arkansas district waste management fee shall be used exclusively for funding waste management services, including but not limited to:
- (1) Waste collection;
- (2) Transportation;
- (3) Recycling programs;
- (4) Landfill operations; and
(5) Other activities that support the Southwest Central Regional Solid Waste Management District’s efforts to:
- (A) Ensure the efficient management of solid waste;
- (B) Protect public health; and
- (C) Comply with state and federal environmental rules and regulations.
(d) Authority to adjust.
- (1) The Southwest Central Regional Solid Waste Management District shall have the authority to revise or adjust the Arkansas district waste management fee in accordance with applicable legal and regulatory procedures.
(2) Any changes to the fee structure must comply with the relevant provisions set forth by:
- (A) The Division of Environmental Quality; or
- (B) Other governing authorities.
- (e) Fee limitation. The Arkansas district waste management fee shall not exceed two dollars ($2.00) per ton of waste processed or disposed of within the Southwest Central Regional Solid Waste Management District, unless otherwise approved by the appropriate regulatory authorities in accordance with state law.