8 CAR § 350-202. Criteria for review

(a) When reviewing an application for a certificate of need, the White River Regional Solid Waste Management District will consider the following criteria: (1) Is the proposed facility consistent with the regional planning strategy adopted by the Board of Directors of the White River Regional Solid Waste Management District in the regional needs assessment or the regional solid waste management plan?; (2) Will the proposed facility conflict with existing comprehensive land use plans of any local governmental entities?; (3) Will the proposed facility disturb an archeological site as recognized by the Arkansas Historic Preservation Program or a rare and endangered species habitat as recognized by either the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service?; (4) Will the proposed facility adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas?; (5) Will the proposed facility conflict with the requirements of state or federal laws and regulations on the location of disposal facilities?; (6) If located within a hundred-year floodplain, the facility must not restrict the flow of a hundred-year flood, reduce the temporary storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment; (7)(A) For landfills, does the proposed facility provide landfill disposal capacity needed within the White River Regional Solid Waste Management District? (B) In no event shall the applicant’s excess permitted projected 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. (C) Along with the certificate of need for a landfill, the White River Regional Solid Waste Management District shall provide to the Director of the White River Regional Solid Waste Management District an allocation of waste capacity for each permitted landfill within the White River Regional Solid Waste Management District’s jurisdiction in order to determine the design capacity of the proposed facility; and (8)(A) For transfer stations, if a transfer station proposed to transfer waste outside the district in which it is located, the petition shall also contain documentation that the regional board of the district into which the waste will be transferred has: (i) Been notified; and (ii) Approved receipt of the waste. (B) This provision does not apply to waste transfers outside the state. (b) The Board of Directors of the White River Regional Solid Waste Management District shall issue or deny the certificate of need based on an evaluation of: (1) The location of the applicant’s proposed facility based on the White River Regional Solid Waste Management District’s needs and the highway and road system in the proposed site area; (2) The service area to be served by the proposed facility; (3) The detailed history of the applicant’s record and that of the stockholders and officers with respect to violations of environmental laws and regulations of the United States or any state or political subdivision of any state; and (4) All other information provided by the applicant and whether the applicant followed procedure for obtaining a certificate of need in this section. (c)(1) The White River Regional Solid Waste Management District will not consider the following when reviewing an application for a certificate of need: the technical merits of the application related to the proposed or existing landfill or transfer station. (2) Technical merits of an application will be determined by the Division of Environmental Quality. (d)(1) Certificates of need are issued to specific persons and for specific locations. (2) Under no conditions or circumstances shall a certificate of need be transferred, assigned, or otherwise provided to any individual or organization other than as originally specified on the certificate of need.