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226.00.1-10. Criteria for Review of Certificate of Need Applications

AR ADC 226.00.1-10Arkansas Administrative CodeEffective: September 9, 2022

West's Arkansas Administrative Code
Title 226. Southeast Arkansas Regional Solid Waste Management District
Division 00.
Rule 1. Certificate of Need Review for Solid Waste Facilities
Effective: September 9, 2022
Ark. Admin. Code 226.00.1-10
226.00.1-10. Criteria for Review of Certificate of Need Applications
The SEARSWMB will utilize the following criteria in its review of petitions for Certificates of Need:
a. Rule 4, Paragraphs c, d, and e;
b. The information provided by the applicant in the petition;
c. The requirements and considerations of any Needs Assessments prepared pursuant to Section 8 of Act 870;
d. The location of the applicant's proposed solid waste facility based on the needs within the jurisdictional boundaries and its highway and road system;
e. The need for the solid waste facility based upon the jurisdiction's excess projected capacity which is currently permitted for operation;
f. That the approval of the Certificate of Need and resulting increase in solid waste facility capacity for the respective class does not cause the jurisdiction's excess projected capacity for that class to exceed thirty (30) years;
g. In the case of existing or previously permitted solid waste facilities, the quality of operation and compliance by those facilities in the past; and
h. Any Solid Waste Management System Plan promulgated and approved pursuant to Arkansas Act 237 of 1971, and to the extent these plans conform to an overall regional planning strategy.

Credits

Adopted Sept. 9, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 226.00.1-10, AR ADC 226.00.1-10
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