8-6-706. Solid waste landfill and transfer station permits.

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 conflict with the requirements of state laws and rules or federal laws and regulations on the location of disposal facilities; (F) 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; and (G) If the transfer station proposes to transfer waste outside of the regional solid waste management district 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. (c) Any interested party to a certificate of need determination by a board may appeal the decision to the Director of the Division of Environmental Quality pursuant to procedures adopted by the Arkansas Pollution Control and Ecology Commission. The director may issue a permit despite the denial of a certificate of need if the director finds upon appeal that the decision of the board was not supported by substantial evidence. (d) After notice and a public hearing to be held by the board in the county where the proposed landfill or transfer station is to be located, a certificate of need shall be issued or denied by the board based upon an evaluation of: (1) The information provided by the applicant in the petition for a certificate of need; (2) The requirements and considerations of any needs assessments prepared pursuant to this section; (3) The location of the applicant's proposed landfill or transfer station based on the district's needs and its highway and road system; (4) For landfill permits, the board shall consider the need for the landfill based upon the district's excess projected capacity which is currently permitted for operation, but in no event shall the district's excess permitted projected capacity exceed thirty (30) years, unless the city or county government within whose jurisdiction the proposed landfill is located authorizes through adoption of a resolution approval of the excess capacity; (5) Any solid waste management system plans promulgated and approved pursuant to §§ 8-6-211 and 8-6-212 to the extent these solid waste management system plans conform to an overall regional planning strategy; (6) A detailed history of the applicant's record and that of the stockholders and officers with respect to violations of environmental laws, rules, and regulations of the United States or any state or any political subdivision of any state; and (7) Any procedures adopted by the board for issuance of a certificate of need. (e) All landfill permit applications shall specify the service areas which the landfill will serve under the permit. (f) All transfer station permit applications shall specify the service areas which the transfer station shall serve under the permit and shall also specify the facility to which waste from the transfer station will be transferred.