8-6-1305. Permits — Procedure generally — Definition.

8-6-1305. Permits — Procedure generally — Definition. (a) The Division of Environmental Quality shall not accept any applications or issue any permits for the construction or operation of any commercial medical waste incineration facilities until the federal regulations promulgated pursuant to 42 U.S.C. § 7429(a)(1)(C) become effective or the United States Environmental Protection Agency's dioxin reassessment is finalized, whichever is later. (b) Any person applying for a permit or a permit modification to construct and operate a commercial medical waste incineration facility shall complete the following criteria at least thirty (30) days prior to submitting a permit application to the division: (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 commercial medical waste incineration 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 a permit modification to construct and operate a commercial medical waste incineration facility. (c) The division 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 property which is the subject matter of the permit application is located. (d) The division shall conduct a public hearing in the county in which the commercial medical waste incineration facility is to be located prior to the issuance of a final permit. (e)(1)(A) Notwithstanding the general provisions of other laws, permits for the construction or operation of commercial medical waste incineration facilities shall not be transferable upon a change in ownership or control of a commercial medical waste incineration facility. (B) Prior to any change in ownership or control of a commercial medical waste incineration facility, the proposed new owner must apply for a new permit and abide by the requirements of § 8-1-106. (C) The division shall process the application as one for a new permit and apply the most current statutes, rules, regulations, technological standards, and operational controls as conditions precedent for granting a permit or operational authority. (2)(A) Any agreement or contract, written or oral, for a future transfer of operational control or ownership of a permitted commercial medical waste incineration facility or such an agreement or contract contingent upon the division's approval shall be subject to immediate disclosure to the division pursuant to § 8-1-106. (B) Upon such disclosure, the division shall cause the intent to transfer ownership or control to be publicly noticed and produce the disclosure documentation required by § 8-1-106 for public inspection. (C) After a reasonable period for public review, the division shall issue a written determination as to whether the intended transfer of ownership or control should be approved, subject to the right of appeal provided by § 8-1-106(e). (D) During the pendency of the division's and the public's review of the disclosure materials required by this section, any actions taken by the permittee or proposed transferee are at their own risk, and shall not be construed by the division or the Arkansas Pollution Control and Ecology Commission as accruing equities in their favor. (3) As used in this subsection: (A) “Control” shall be presumed to reside with the owner, as defined herein, unless circumstances indicate that a person or entity other than an employee or agent of the owner is exercising ultimate decision-making authority regarding the construction or operation of a commercial medical waste incineration facility; and (B) “Corporate ownership” shall be defined as a controlling or majority interest in a commercial medical waste incineration facility, either through outright ownership of stock or other indicia of title, or any equitable right to such title as construed from the totality of the circumstances. (4) Any violation of this subsection shall constitute grounds for permit revocation and imposition of the civil and criminal penalties authorized by § 8-4-103. (f)(1) If the original permit was issued more than one (1) year prior to the initiation of incineration activities at a commercial medical waste incineration facility, the division may review the conditions of the permit to determine whether good cause exists for modifying operating parameters to assure the maximum feasible control efficiency of emissions. (2) Any modifications proposed by the division must be supported by appropriate references to the scientific and engineering literature or documented studies conducted by the division.