Judges: WINSTON BRYANT, Attorney General
Filed Date: 7/6/1993
Status: Precedential
Modified Date: 7/5/2016
The Honorable Mike Ross State Senator P.O. Box 374 Prescott, Arkansas 71857
Dear Senator Ross:
This is in response to your request for an opinion on whether a regional solid waste management board has the authority to levy a "host fee" on landfill owners operating in the district. You note that the Southwest Arkansas Regional Solid Waste Management Board voted to assess a fifty cent per ton "tipping fee" on solid waste disposed of within that district. It is my understanding that this fee will be imposed on landfill owners operating in the district on solid waste deposited in their respective landfills.
It is my opinion that the law is not entirely clear on this issue. The particular phrasing of the relevant statute may not contemplate imposition of the type of fee you describe. A definitive answer to this question, however, will require involvement of the judiciary.
Section
The statute authorizes the charging of fees for the disposal of solid waste "by the district." The relevant question is whether the phrase "by the district" refers to the disposal, treatment, or handling of solid waste through the means, act or instrumentality of the district, or whether "by the district" should be construed as referring to the disposal of any solid waste "in the district."
Ordinarily, the word "by" means through the means, act or instrumentality of. U.S. Fidelity Guaranty Co. v. IndustrialCommission of Colorado,
It is therefore my opinion that the language of the relevant statute could be construed one of two ways. It may be contended, under the language of Village of Elmira, supra, that the board would have authority to collect a "host fee" on solid waste disposed of "in the district." It may also be contended, however, that the language of the statute authorizes the board to levy and collect fees only for the disposal or other handling of solid waste "by the district;" meaning when the board or district takes some action or provides some service relative to the solid waste. This authority may therefor not extend to the levy and collection of "host fees" on solid waste disposed of within the district.1 A conclusive determination would have to be made by a court of competent jurisdiction.
The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Elana C. Wills.
Sincerely,
WINSTON BRYANT Attorney General
WB:ECW/cyh