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226.00.1-4. General

AR ADC 226.00.1-4Arkansas 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 226.00.1-4
226.00.1-4. General
a. The SEARSWMB will administer a Certificate of Need Review Program within its jurisdictional boundaries.
b. Only the SEARSWMB will issue or deny Certificates of Need for proposed solid waste facility permits within its jurisdictional boundaries.
c. In issuing or denying Certificates of Need, the SEARSWMB will take into account the findings enumerated in the Regional Needs Assessment Report applicable to the area where the solid waste facility site is proposed, and the criteria enumerated in Rule 4, Paragraphs c, d, e, and Rule 10.
d. Each decision of the SEARSWMB to issue a Certificate of Need must be consistent with the Regional Needs Assessment.
e. Each decision of the SEARSWMB to issue or deny a Certificate of Need must be based on documented evidence clearly indicating that the proposed solid waste facility:
1) Is consistent with the regional planning strategy adopted by the SEARSWMB in the Regional Needs Assessment or the Regional Solid Waste Management Plan;
2) Does not conflict with existing comprehensive land use plans of any local governmental entities;
3) Does not disturb an archaeological site as recognized by the Arkansas Archaeological Survey, or a Rare and Endangered Species habitat as recognized by the Arkansas Game and Fish Commission or the U.S. Fish and Wildlife Service;
4) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;
5) Does not conflict with the requirements of state laws, rules and regulations or federal laws, rules and regulations on the location of disposal facilities;
6) If located in the hundred-year floodplain, does not restrict the flow of the hundred-year flood, reduce the temporary water 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) If the transfer station proposes to transfer waste outside of the RSWMD in which it is located, the petition shall also contain documentation that the district to which the waste will be transferred has been notified and that the board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state;
8) Any other information deemed necessary by the Board; and
9) Subject to DEQ Rule 22 and any amendment to DEQ Rule 22.
NOTE: The decision of the SEARSWMB to issue or deny a Certificate of Need shall not be based on any technical merits related to proposed or existing solid waste facilities.

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 226.00.1-4, AR ADC 226.00.1-4
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