§ 8-6-606 - Landfill disposal fees.
               	 		
8-6-606.    Landfill disposal fees.
    (a)    (1)  Except  as provided in subsection (c) or (e) of this section, there is imposed  on each landfill permittee a landfill disposal fee of twenty-five cents  (25cent(s)) for each uncompacted cubic yard of solid waste and  forty-five cents (45cent(s)) for each compacted cubic yard of solid  waste received at the landfill.
      (2)  If  a landfill permittee is required or chooses to operate on a weight  basis, the landfill disposal fee shall be one dollar and fifty cents  ($1.50) for each one (1) ton (2,000 lbs.) of solid waste received at the  landfill.
(b)    (1)  Except as  provided in subsections (a) and (c) of this section, for all solid  waste generated and transported within the state but to be disposed of  outside the state, there is imposed on each such solid waste transporter  a solid waste transportation fee of twenty-five cents (25cent(s)) for  each uncompacted cubic yard of solid waste and forty-five cents  (45cent(s)) for each compacted cubic yard of solid waste transported.
      (2)  If  a solid waste transporter chooses to operate on a weight basis, the  solid waste transportation fee shall be one dollar and fifty cents  ($1.50) for each ton of solid waste transported in the state.
(c)    (1)  For  those permitted landfills where a private industry bears the expense of  operating and maintaining the landfill solely for the disposal of  wastes generated by the industry, there is imposed on each landfill  permittee a landfill disposal fee of ten cents (10cent(s)) for each  uncompacted cubic yard of solid waste and twenty cents (20cent(s)) for  each compacted cubic yard of solid waste received at the landfill.
      (2)  If  the landfill permittee chooses to operate on a weight basis, the  landfill disposal fee under this subsection shall be fifty cents  (50cent(s)) for each ton of solid waste received at the landfill.
(d)    (1)    (A)  By  January 1, 2004, all permitted facilities identified by regulation of  the Arkansas Pollution Control and Ecology Commission as Class 1 and  Class 3C landfills, except those permitted landfills that shall comply  with closure requirements before January 1, 2005, shall install scales  and commence weighing all solid waste received at the landfill.
            (B)  This  requirement may be satisfied by utilizing an alternative weighing  system approved by the Director of the Arkansas Department of  Environmental Quality.
      (2)  Class 1  and Class 3C landfills shall be required to weigh all loads in excess  of one (1) ton (2,000 lbs.), unless otherwise authorized in writing by  the Arkansas Department of Environmental Quality. This provision  authorizes Class 1 and Class 3C landfills to estimate weights for  residential and other similar loads weighing less than one (1) ton  (2,000 lbs.).
      (3)  Class 1 and  Class 3C landfills shall install and operate scales for the purpose of  weighing solid waste received at the landfill and shall maintain and  operate the scales in accordance with the United States Department of  Agriculture standards.
      (4)  Except as provided in subdivisions (d)(1) and (2) of this section, beginning January 1, 2004:
            (A)  All  quarterly reports required by this subchapter to be submitted by Class 1  and Class 3C landfill permittees to the Arkansas Department of  Environmental Quality shall accurately state the total weight of solid  waste received at the landfill, and the total weight of solid waste  received at the landfill shall be based upon the recorded weight scale  measurements; and
            (B)  The  recorded weight scale measurements of solid waste received at Class 1  and Class 3C landfills shall be used to calculate the solid waste  disposal fees payable to the Arkansas Department of Environmental  Quality by Class 1 and Class 3C landfill permittees.
(e)  Solid  waste collected during the annual Keep Arkansas Beautiful and Keep  America Beautiful campaigns that are sponsored by the Keep Arkansas  Beautiful Commission is exempt from the landfill disposal fee under this  section.