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226.00.1-12. The Sixty (60) Day Application Process for Certificate of Need Reviews

AR ADC 226.00.1-12Arkansas 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 226.00.1-12
226.00.1-12. The Sixty (60) Day Application Process for Certificate of Need Reviews
The following is a summary of the process for submitting and the progression of an application for a Certificate of Need. Each step in the process must be completed prior to issuing or denying a Certificate of Need.
a. Notice of Intent -- A notice of intent is required for every proposal to be reviewed. A potential applicant must submit a notice of intent to the SEARSWMB prior to submission of an application. (Refer to Rule 6)
b. Submission of Application to DEQ -- The applicant is responsible for submitting all information concerning the proposed acquisition of a Certificate of Need for the purpose of obtaining a solid waste facility permit. (Refer to Rule 9, Paragraph d)
c. Determination of Completeness -- The SEARSWMB will determine the completeness of an application, and within two (2) weeks of receipt of an application, notify the applicant of any additional information necessary for completion of the application. If no requests for additional information are made by the SEARSWMB within two (2) weeks, the application will be deemed to be complete and affected persons will be notified of the beginning of review. (Refer to Rule 9, Paragraphs a and d)
d. Beginning of Review -- The initiation of the sixty (60) day review period begins on the date of notification by the SEARSWMB, by letter, to the applicant of the completeness of the application and the beginning of the review or the date that the public notice appears in the newspapers, whichever is later. (Refer to Rule 9, Paragraph a)
e. Notification of the Beginning of Review -- Upon determination of completeness, the SEARSWMB will notify, in writing, the applicant and all other affected persons that the review period for the application has begun. (Refer to Rule 9, Paragraphs a and b)
f. Public Hearing During the Course of Review -- The SEARSWMB will provide a public hearing during the course of review. (Refer to Rule 9, Paragraph f)
g. The SEARSWMB Findings -- The SEARSWMB will make a final determination on the application based on the established criteria and will provide written findings which state the basis for the final determination. (Refer to Rule 9, Paragraph f) Such findings will be sent to:
1. The applicant,
2. DEQ, and
3. Others upon request.

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 226.00.1-12, AR ADC 226.00.1-12
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