Historical Background
The East Arkansas Regional Solid Waste Management District
(EARSWMD) was created pursuant to the provisions of Arkansas Code Annotated
§§
8-6-701
et seq. Pursuant to such legislation, EARSWMD is given specific authority under
the provisions of Arkansas Code Annotated §
8-6-704
to issue or deny certificates of need to any applicant for a solid waste
disposal facility within its district.
The statutory authority for obtaining a certificate of need is
found at Arkansas Code Annotated §
8-6-706.
The following rules provide the procedure for an application for a certificate
of need pursuant to Arkansas Code Annotated §
8-6-706
and applicable rules and regulations.
1.
Notice of Intent. At least
thirty (30) days prior to submitting an application for a Certificate of Need,
the applicant must notify the EARSWMD, in writing, of its intent to submit such
an application. The Notice of Intent shall include the following information:
(a) the name of the applicant;
(b) the applicant's address and telephone
number;
(c) whether the applicant
is seeking a new or modified solid waste landfill or transfer station permit
and the classification of the permit sought;
(d) the site of the proposed
facility;
(e) a description of the
area to be served, including population estimates by cities and counties within
the area being served;
(f)
confirmation from the Arkansas Department of Environmental Quality that the
applicant has requested a statement concerning:
(i) the current and proposed solid waste
landfill disposal capacity for the area; and
(ii) the landfill class being
proposed.
2.
Application. An applicant requesting a Certificate of Need from
EARSWMD must submit an application to EARSWMD. All applications for
Certificates of Need shall include, at a minimum, the following information:
(a) the applicant's name, address, telephone
number and existing permit number, if applicable;
(b) the name of the person or entity having
legal or equitable title to the land where the proposed facility will be
located and documentation of the right to develop such property as a solid
waste landfill or transfer station from the legal owner and the equitable
owner, where applicable;
(c) the
location of the proposed facility as shown on the applicable 7.5 degree USGS
topographic map(s);
(d) the size of
the proposed facility, including, but not limited to the useable airspace above
ground level, and the life expectancy of the proposed facility;
(e) a description of the area to be served,
including population estimates by cities and counties within the area being
served;
(f) documentation that the
proposed solid waste landfill or transfer station or modification complies with
all of the criteria for evaluation listed in Section
6 below;
(g) the current permitted capacity for the
appropriate landfill class within the EARSWMD and the estimated increase in
permitted capacity for the proposed facility or modification;
(h) confirmation that the proposed facility
is in compliance with all existing comprehensive land use plans of any local
governmental entity;
(i) any other
information deemed necessary by EARSWMD to make a determination of need;
and
(j) if applicable, notification
to and approval from the regional solid waste management board in the State of
Arkansas which is receiving the solid waste for the EARSWMD in accordance with
Arkansas Code Annotated §
8 - 6-706(b) (2) (G).
3.
Completeness
Determination. Within thirty (30) days of receipt of the initial
application, EARSWMD will make a completeness determination of the application.
Any additional information that EARSWMD determines necessary to make a decision
on the need of the proposed facility will be requested within this time. The
applicant will then be required to submit such information. If additional
information is requested by EARSWMD, it will again make a completeness
determination within thirty (30) days of the receipt of the additional
information.
4.
Review
Period. Once EARSWMD has determined that an application for a
Certificate of Need is complete, it will so notify the applicant and publish
notice of the review period once a week for two (2) consecutive weeks in a
newspaper of general circulation in the area of the proposed facility. The
review period will begin on the date of the first publication of notice of the
review period. The review period will run for sixty (60) days. During the
review period, public comment will be received on the application for the
certificate of need.
5.
Public Hearing. During the sixty (60) day review period, the
EARSWMD will conduct a public hearing within the county where the proposed
facility or modification is to be located.
6.
Criteria for Review. When
reviewing an application for a Certificate of Need, EARSWMD shall consider and
evaluate the following criteria:
(a) whether
the proposed facility is consistent with the regional planning strategy adopted
by EARSWMD in the regional needs assessment or the regional solid waste
management plan;
(b) a review of
any needs assessment that has been prepared;
(c) whether the proposed facility conflicts
with existing comprehensive land use plans of any local governmental
entity;
(d) whether the proposed
facility disturbs an archeological site as recognized by the Arkansas
Archaeological Survey, or a rare and endangered species or habitat as
recognized by either the Arkansas Game and Fish Commission or the United States
Fish and Wildlife Service or any other similar federal, state or local
agency;
(e) whether the proposed
facility will adversely affect the public use of any local, state or federal
facility, including, but not limited to, parks and wildlife management
areas;
(f) whether the proposed
facility conflicts with the requirements of state or federal laws and
regulations on the location of disposal facilities;
(g) if the proposed facility is located
within the 100-year floodplain, whether it restricts the flow of the 100-year
flood, reduces the temporaiy water storage capacity of the floodplain, or could
result in washout of solid waste which could pose a hazard to human health or
the environment;
(h) whether the
proposed facility is appropriately located given the needs of EARSWMD including
a review of the road system serving such area;
(i) whether the proposed facility provides
disposal or transfer capacity needed within the EARSWMD;
(j) the detailed history of the applicant's
record and that of the stockholders and officers with respect to violations of
environmental laws and regulations of the United States or any state or
political subdivision of any state;
(k) the area to be served by the proposed
facility;
(l) for landfill permits,
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; and
(m) whether the
applicant has complied with the rules for obtaining a Certificate of
Need.
7. Determination.
Within sixty (60) days following the close of the review period, EARSWMD will
act upon the application for a Certificate of Need at a EARSWMD meeting. The
Administrator for EARSWMD shall present a recommendation to the EARSWMD Board.
Those supporting the issuance of the Certificate of Need and those opposing the
issuance of the Certificate of Need will be provided a reasonable time period
to make a presentation to the EARSWMD Board and address the Administrator's
recommendation.
In the event that EARSWMD has neither issued nor denied a
Certificate of Need within one hundred fifty (150) days of the beginning of the
review period, the Certificate of Need will be deemed to have been denied. The
EARSWMD shall issue written findings when making a determination on the
application for the Certificate of Need and shall set forth the basis for
issuing or denying the Certificate of Need. The findings will be sent to the
following:
(1) the
applicant;
(2) Arkansas Department
of Environmental Quality; and
(3)
any interested party who requests such findings in writing from the
EARSWMD.
8.
Appeal
of Decision. The applicant or any interested party to a Certificate of
Need determination, as defined in Arkansas Code Annotated§
8-6-706(c),
shall have the right to appeal the issuance or denial of a Certificate of Need
in accordance with the provisions Arkansas Code Annotated §
8-6-706(c)
and applicable rules and regulations.
9.
Obligations. The applicant
has sixty (60) days from the issuance of the Certificate of Need in which to
file a preapplication for a solid waste landfill or transfer station permit
with Arkansas Department of Environmental Quality. If a preapplication is not
filed within such sixty (60) day period, the Certificate of Need shall expire.
The applicant has six (6) months from the issuance of the
certificate of Need in which to file an application for a solid waste landfill
or transfer station permit with the Arkansas Department of Environmental
Quality. If such application is not filed within such six (6) month period, the
Certificate of Need shall expire.
A Certificate of Need shall be issued to a specific person or
entity. Under no conditions or circumstances shall a certificate of Need be
assigned or otherwise transferred to any person or entity other than the one
originally specified on the Certificate of Need.
10.
Definitions. Unless
otherwise specifically defined herein, the terms used in these rules shall have
the meaning accorded to them in Arkansas Code Annotated §
8-6-701
et seq. and the rules and regulations promulgated thereunder. Additionally, the
use of the singular, shall include the plural where applicable.
"Administrator" shall be the East Arkansas Planning and
Development District or any successor agency or entity as determined by the
EARSWMD to carry out the administrative and staff duties for the
EARSWMD.
11.
Miscellaneous.
(a)
Term. These Regulations shall remain in full force and
effect until such time as the Board modifies, amends or otherwise changes these
Regulations.
(b)
Severability. If any provision of these Regulations or
the application thereof to any person, event or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of these
Regulations which can be given effect without the invalid provisions or
application, and to this end, the provisions of these Regulations are declared
to be severable.
(c)
Effective Date. The effective date of this regulation
shall be thirty (30) days after filing under Arkansas law.
