(a) A fee of one dollar ($1.00) is hereby imposed and charged on each ton or portion thereof of solid waste that is generated:
(1) Within the White River Regional Solid Waste Management District and delivered to a:
- (A) Landfill located within the White River Regional Solid Waste Management District; or
- (B) Transfer station located within the White River Regional Solid Waste Management District;
- (2) Outside the White River Regional Solid Waste Management District and disposed of within the White River Regional Solid Waste Management District; or
- (3) Inside the White River Regional Solid Waste Management District and disposed of outside the White River Regional Solid Waste Management District.
(b)
(1) In the event that another regional solid waste management board or district fixes, charges, or collects any fees on such solid waste pursuant to the provisions of Arkansas Code § 8-6-714, then the fee to be imposed and charged shall be calculated by:
- (A) Taking the sum of one dollar ($1.00) per ton or portion thereof of solid waste described in subdivisions (a)(1), (a)(2), or (a)(3), above; and
- (B) Adding the per-ton fee that has been assessed to each such ton of solid waste by another regional solid waste management board or district.
- (2) The resulting sum shall be the applicable fee to be paid for such solid waste, but such fee shall not exceed a total fee of two dollars ($2.00) per ton.
- (c) However, if the landfill or transfer station pays a fee on such solid waste pursuant to the provisions of Arkansas Code § 8-6-714 to another regional solid waste management board or district, then the landfill or transfer station shall be entitled to a credit so that the total fee paid does not exceed two dollars ($2.00) per ton.
- (d) If another landfill or transfer station collects a fee on such solid waste and the White River Regional Solid Waste Management District fails to receive the sum of one dollar ($1.00), then the White River Regional Solid Waste Management District shall have the right to pursue such other regional solid waste management board or district for any amount necessary to allow the White River Regional Solid Waste Management District to receive the sum of one dollar ($1.00) per ton or portion thereof of solid waste.
(e) Such fee:
- (1) Shall be collected by the applicable landfill or transfer station in accordance with this subpart; and
- (2) Will be submitted on a monthly basis to the White River Regional Solid Waste Management District by the tenth of the following month.
- (f) This subpart will be effective thirty (30) days after filing with the State of Arkansas in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., or other laws or policies pertaining to the rulemaking authority of a state agency.