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20-32-109. Location requirements.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-32-109. Location requirements.
No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present:
(1) The location of the facility is within a “regulatory floodway”, as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency;
(2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer;
(3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or
(4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-32-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-32-109
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: de571c85c79271ee31fd8538b8782c985714dae119cc3592f6fc58e7c3edc0ad
Source location: content.xml paragraph 25201
Stored source content
20-32-109. Location requirements.
No applications shall be accepted nor shall permits be issued pursuant to § 20-32-108 by the Department of Health for the construction or operation of a facility in which any of the following factors is present:
(1) The location of the facility is within a “regulatory floodway”, as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency;
(2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer;
(3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or
(4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-32-108. Applications — Procedure generally.
(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq.
(b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.
(c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.
(d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department:
(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and
(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.
(e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-32-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-32-108. This identifies an authority to review, not proof of applicability.