BOSTON MOUNTAIN REGIONAL SOLID WASTE MANAGEMENT DISTRICT, Appellant/Cross-Appellee
v.
BENTON COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT, Appellee/Cross-Appellant
Rehearing Denied December 11, 2019
Page 293
APPEAL
FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CV-16-629],
HONORABLE XOLLIE DUNCAN, JUDGE
Harrington,
Miller, Kieklak, Eichmann & Brown, P.A., Springdale, by:
Thomas N. Kieklak, for appellant/cross-appellee.
Hall,
Estill, Hardwick, Gable, Golden & Nelson, P.C., Fayetteville,
by: Curtis E. Hogue and M. Scott Hall, for
appellee/cross-appellant.
OPINION
RITA W.
GRUBER, Chief Judge
This
appeal arises from a dispute between two regional solid-waste
management districts over statutory fees related to the
movement or disposal of solid waste within and between
districts. Instead of the equal division of fees called for
in the
Page 294
code, the Benton County Circuit Court found that the
statutory fee division provided for an "unjust
enrichment" to the appellant Boston Mountain Regional
Solid Waste Management District and that the entire fee
should be paid over to the appellee Benton County Regional
Solid Waste Management District. The Boston Mountain District
appeals, arguing that the statutory scheme should be enforced
as written because the statute is presumed constitutional.
The Benton County District cross-appeals, arguing that the
circuit court erred in not declaring the statute
unconstitutional. We reverse on direct appeal and dismiss the
cross-appeal.
I.
Background Facts
A brief
history of the legislation and this lawsuit is helpful. In
March 1991, the Arkansas legislature passed Act 752 of 1991
as part of an overhaul of the states solid-waste management
system and recycling programs. The Act renamed regional
solid-waste planning districts and solid-waste service areas
as regional solid-waste management districts to be governed
by regional solid-waste management boards. Act 752 also
greatly expanded the powers and duties of the regional
solid-waste management boards, which are the entities
responsible for providing solid-waste management systems for
their districts. The Act gave the boards authority to assess
service fees for solid-waste collection services.
See Ark. Code Ann. § 8-6-714(b) (Repl. 2018). The
Act was silent as to any limits on the amount of the fees and
whether they could be assessed on districts that disposed of
solid waste from an adjoining district. Section 8-6-714 was
substantially rewritten by Act 209 of 2011. Pertinent to this
appeal, the boards were given authority to "fix, charge,
and collect rents, fees, and charges of no more than two
dollars ($2.00) per ton of solid waste related to the
movement or disposal of solid waste within the
district[.]" See Ark. Code Ann. §
8-6-714(a)(1)(A). As amended, section 8-6-714(c)(3) further
specified certain conditions and circumstances under which
fees may be assessed:
(A) Districts shall determine by interlocal agreement how the
districts shall:
(i) Assess and administer the ...