8 CAR § 310-103. General

(a) The Southwest Arkansas Regional Solid Waste Management District Board will administer within the Southwest Arkansas Regional Solid Waste Management District service area a certificate of need review program. (b) Only the board will issue or deny certificates of need for proposed landfill permits within the district service area. (c) In issuing or denying certificates of need, the board will take into account the findings enumerated in the Regional Needs Assessment Report applicable to the area where the landfill site is proposed, and the criteria enumerated in this subsection, subsections (d) and (e) of this section, and 8 CAR § 310-109. (d) Each decision of the board to issue a certificate of need must be consistent with the regional needs assessment. (e)(1) Each decision of the board to issue or deny a certificate of need must be based on documented evidence clearly indicating that the proposed solid waste landfill: (A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment; (B) Does not conflict with existing comprehensive land use plans of any local governmental entities; (C) Does not disturb: (i) An archeological site as recognized by the Arkansas Archeological Survey; or (ii) 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 (D) Will not adversely affect the public use of any local, state, or federal facility, including but not limited to parks and wildlife management areas. (2) Note. The decision of the board to issue or deny a certificate of need shall not be based on any technical merits related to the proposed or existing solid waste landfills.