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8-6-1504. Presumption against certain sites.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-1504. Presumption against certain sites.
(a)(1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.
(2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.
(b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown:
(1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2); or
(2)(A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.
(B) Such incentives may include, without limitation:
(i) Increased employment opportunities;
(ii) Reasonable host fees not to exceed the prevailing state average;
(iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;
(iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or
(v) Subsidization of community services.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-1504
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:8-6-1504
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 82a2606c62eb95f426ebe71c6f826a27a95579f4570a029d647676503ccda03f
Source location: content.xml paragraph 6133
Stored source content
8-6-1504. Presumption against certain sites.
(a)(1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.
(2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.
(b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown:
(1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2); or
(2)(A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.
(B) Such incentives may include, without limitation:
(i) Increased employment opportunities;
(ii) Reasonable host fees not to exceed the prevailing state average;
(iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;
(iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or
(v) Subsidization of community services.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-706. Solid waste landfill and transfer station permits.
(a)(1) Before an application for a permit is submitted to the Division of Environmental Quality, an applicant for a solid waste landfill permit or a transfer station permit shall obtain a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site, with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.
(2) The division may deny any permit based upon the denial of a certificate of need by any regional solid waste management board.
(b)(1) Applicants for a solid waste landfill permit or transfer station permit must petition the regional board with jurisdiction over the proposed site for a certificate of need in accordance with procedures adopted by the board.
(2) The applicant's petition must establish, at a minimum, that the proposed disposal facility:
(A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan;
(B) Does not conflict with existing comprehensive land use plans of any local governmental entities;
(C) Does not disturb an archaeological site as recognized by the Arkansas Archeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service;
(D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;
(E) Does not conf
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-706
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 8-6-706. This identifies an authority to review, not proof of applicability.