8 CAR § 270-204. General

(a) The Board of Directors of the Sebastian County Regional Solid Waste Management District will administer within Sebastian County a certificate of need review program. (b) Only the board will issue or deny certificates of need for proposed landfill and/or transfer station permits within Sebastian County. (c) In issuing or denying certificates of need, the board will take into account the finding enumerated in the Regional Needs Assessment Report applicable to the area where the landfill and/or transfer station site is being proposed, and the criteria enumerated herein in this section, subsections (c), (d), and (e) of this section, and 8 CAR § 270-209. (d) Except in the case of emergency circumstances that pose an imminent threat to public health and safety, each decision of the board to issue a certificate of need must be consistent with the regional needs assessment. (e) Each decision of the board to issue or deny a certificate of need must be based on evidence that the proposed solid waste landfill and/or transfer station: (1) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment; (2) Does not conflict with existing comprehensive land use plans of any local governmental entities; (3) Does not disturb: (A) An archeological site as recognized by the Arkansas Archeological Survey; or (B) A rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service; and (4) Will not adversely affect the public use of any local, State of Arkansas, or federal facility, including but not limited to parks and wildlife management areas. (f) Note. The decision of the board to issue or deny a certificate of need shall not be based on any technical merits related to proposed or existing solid waste landfills and/or transfer stations.