Pursuant to Arkansas Code § 20-32-109, a proposed nonincinerator medical waste treatment, storage, and/or disposal (TSD) facility will not be issued a permit for the construction or operation of a facility in which any of the following factors are present:
- (1) The location of the facility is within a "regulatory floodway" as adopted by communities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency;
- (2) The location of the facility overlies any portion of a significant surface or subsurface sand aquifer or its primary recharge zone or high-yield bedrock aquifer, as defined by the Department of Health;
- (3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources or a sanctuary, refuge, preserve, critical habitat, or fish hatchery;
- (4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed; or
- (5) The location of the facility is within the boundary of a state or federal park or designated wilderness area.