8 CAR § 110-403. Application

(a) Persons requesting a certificate of need from the Benton County Regional Solid Waste Management District must submit an application to the Benton County Regional Solid Waste Management District. (b) All applications for certificates of need shall include, at a minimum, the following information: (1) The applicant's legal name, mailing address, email address, and telephone number; (2) The property owner’s legal name, mailing address, email address, and telephone number; (3) The street address as denoted by the local 911 service, legal address, and driving directions of the proposed facility; (4) If the owner of the proposed facility is other than the applicant, a copy of the: (A) Rental or purchase agreement for the proposed facility including the name of the person having legal ownership of the land where the proposed facility will be located; and (B) Legal instrument giving the applicant the right to use the realty for solid waste disposal or processing including a current boundary survey of the property by a registered land surveyor; (5) The location of the proposed facility as shown on the applicable 7.5-minute United States Geological Survey topographic map or maps; (6) The service areas which the proposed facility will serve; (7) Types, quantities, classifications, and sources of waste proposed to be disposed of or processed at the site or facility; (8)(A) Total waste capacity, projected utilization rate, and total life expectancy of the facility for landfills, the current permitted capacity for the appropriate landfill class within the Benton County Regional Solid Waste Management District, and the estimated increase in permitted capacity for the proposed facility or modification. (B) The applicant must demonstrate that the proposed facility provides landfill disposal capacity needed within the Benton County Regional Solid Waste Management District. (C) In no event shall the Benton County Regional Solid Waste Management District's excess projected capacity for any class of landfill exceed thirty (30) years, including the proposed facility; (9)(A) For transfer stations, a map showing the location of the proposed facility and all existing transfer stations with a twelve-mile radius around each. (B) The applicant must demonstrate that a sufficient transfer station capacity does not currently exist within the proposed service area. (C) At the discretion of the Board of Directors of the Benton County Regional Solid Waste Management District, a pending application for a permit modification to increase the permitted capacity of an existing transfer station, which has been submitted to the Division of Environmental Quality prior to the review of the application by the board, may be considered as existing capacity by the board in determining whether a need for additional capacity exists; (10) For transfer stations, specify the facility to which waste from the transfer station will be transferred; (11) A completed disclosure statement using forms provided by the division (not required for governmental entities including federal, state, county, municipal, or regional solid waste authorities); (12) Documentation of each of the following: (A) The proposed facility is consistent with the regional planning strategy adopted by the board in the: (i) Regional needs assessment; or (ii) Most recent regional solid waste management plan; (B) The proposed facility does not conflict with existing comprehensive land-use plans of any local governmental entities; (C)(i) Documentation from appropriate agencies regarding whether the selected site is in conformance with the airport safety, floodplain, wetlands separation distances and location restrictions, and protective of endangered species, historic archeology, and flora and fauna. (ii) Those agencies include, but are not limited to the: (a) Federal Aviation Administration; (b) United States Army Corps of Engineers; (c) United States Fish and Wildlife Services; (d) Arkansas State Game and Fish Commission; (e) State Historic Preservation Program; (f) Arkansas Natural Heritage Commission; and (g) Department of Health; (D) The proposed facility will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas; (E) The proposed facility does not conflict with the requirements of local, state, or federal laws and rules on the location of disposal facilities as outlined in this part; (F) If the proposed facility is located within the hundred-year floodplain, that it will not restrict the flow of the hundred-year flood, reduce the temporary water storage capacity of the floodplain, or potentially result in washout of solid waste so as to pose a hazard to human health or the environment; (G) The proposed facility is appropriately located given the Benton County Regional Solid Waste Management District's needs and taking into consideration its road system; and (H)(i) If the proposed facility is a transfer station which intends to transfer waste outside of the district in which it is located, provide documentation that the district to which the waste will be transferred has been notified and that the regional board of that district has approved the receipt of the waste. (ii) This provision shall not apply if the waste is being transported for disposal outside the geographical limits of Arkansas; and (13) Any other information deemed necessary to make a determination of need.