Arkansas Code § 25-15-105(b)(2)(A) provides that an agency assessing or imposing a fee or penalty shall promulgate the fee or penalty by rule. Arkansas Code § 25-15-105(b)(2)(B) follows and provides that an agency is not required to promulgate a fee or penalty by rule if the specific amount of the fee or penalty is set by statute. This section does not appear to specify an amount for tipping fees. Are tipping fees provided for elsewhere in the board’s rules or the Arkansas Code? If not, does the board plan to promulgate the fee amount? RESPONSE: The District’s tipping fees are compliant with the limitations set out specifically in Title 8 Chapter 6.

Upper Southwest Regional Solid Waste Management District