8 CAR § 110-407. Application evaluation

(a) At the first regularly scheduled Board of Directors of the Benton County Regional Solid Waste Management District meeting following the close of the comment period, the board will take up for consideration the application for a certificate of need. (b) Those supporting the issuance of the certificate of need and those opposing the issuance of the certificate of need will be provided with a total of ten (10) minutes for each side to address the application. (c) The board may, at its discretion, table the decision on the application until a future board meeting. (d) Once the board has had sufficient time to thoroughly review all of the materials and comments related to the application for a certificate of need, the board shall issue or deny the certificate of need based upon an evaluation of: (1) The information provided by the applicant in the application for a certificate of need; (2) The requirements and considerations of any needs assessments prepared pursuant to Arkansas Pollution Control and Ecology Commission rules; (3) The location of the applicant's proposed facility based on the Benton County Regional Waste Management District’s needs and its highway and road system; (4)(A) The need for a landfill based upon the district's remaining capacity that is currently permitted for operation, but in no event shall the district's remaining permitted capacity exceed thirty (30) years unless the city or county government within whose jurisdiction the proposed landfill is located authorizes approval of the excess capacity through the adoption of a resolution. (B) Along with the certificate of need for a landfill, the district shall provide to the Secretary of the Department of Energy and Environment an allocation of waste capacity for each permitted landfill within the district’s jurisdiction in order to determine the design capacity of the proposed facility; (5) Any solid waste management system plans, promulgated and approved pursuant to Arkansas Code §§ 8-6-211 and 8-6-212 to the extent these plans conform to an overall regional planning strategy; (6)(A) A detailed history of the applicant's record and that of the property owners, stockholders, and officers with respect to violations of environmental laws and rules of the United States or any state or any political subdivision of any state. (B) The board may issue or deny the issuance of a certificate of need if it finds, based upon the disclosure statement and other investigation which it deems appropriate, that: (i) The applicant has a history of noncompliance with environmental laws or rules of this state or any jurisdiction; (ii) An applicant which owns or operates other facilities in the state is not in substantial compliance with environmental laws or rules of this state; or (iii) A person with a history of noncompliance with environmental laws or rules of this state or any jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant which could have an effect on the environment; and (7) All written and oral submissions, including public comments, respecting the proposed certificate of need. (e) Unless the board has affirmatively issued or denied a certificate of need within one hundred twenty (120) days of the beginning of the comment period, the certificate of need will be deemed to have been denied. (f)(1) The board shall issue written findings when making a determination. (2) The findings shall state the basis for issuing or denying the certificate of need. (3) The findings will be sent to the following: (A) The applicant; (B) The Division of Environmental Quality; and (C) Any interested persons who request such findings in writing from the district.