1. (a) Applicability and scope.

   1. (1) In accordance with Arkansas Code § 8-6-1501 et seq., a rebuttable presumption exists against permitting the construction or operation of any new landfill within twelve (12) miles of any existing high-impact solid waste facility.

   2. (2) This presumption may be overcome if any of the following is shown:

      1. (A) No other suitable site for such a facility is available within the region or service area because of the constraints of geology or any other factors listed in 8 CAR § 60-205(b); or
      2. (B)

2. (i) Incentives have prompted the host community to accept the siting of the facility.

   1. (ii) Such incentives may include, without limitation:
3. (a) (a) Increased employment opportunities;

4. (b) (b) Reasonable host fees not to exceed the prevailing state average;

   1. (c) (c) Contributions by the facility to the community infrastructure, e.g., road maintenance, park development, litter control;

      1. (d) (d) Compensation to adjacent individual landowners for any assessed decrease in property values; or
5. (e) (e) Subsidization of community services.

6. (b) Definitions. For purposes of this section, the following definitions shall apply:

   1. (1)

      1. (A) "High-impact solid waste management facility" means, excluding the facilities described in subdivision (b)(1)(B) of this section, any:

         1. (i) Open or closed solid waste landfill;
         2. (ii) Operating solid or commercial hazardous waste incinerator and hazardous waste treatment or storage facility; and
         3. (iii) Open or closed commercial hazardous waste disposal facility.

      2. (B) The term "high-impact solid waste management facility" shall not include the following:

         1. (i) Recycling or composting facilities;
         2. (ii) Waste tire management sites;
         3. (iii) Solid waste transfer stations;
         4. (iv) Solid waste landfills which had preapplications or applications pending for either increased capacity or new acreage as of August 13, 1993;
         5. (v) A facility dedicated solely to the treatment, storage, or disposal of solid or hazardous wastes generated by a private industry where the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
         6. (vi) A facility or activity dedicated solely to a response action at a location listed by the state or federal government as a hazardous substance site;
         7. (vii) An existing facility operating under interim status of the federal Resource Conservation and Recovery Act or implementing rules of the Arkansas Hazardous Waste Management Act, Arkansas Code § 8-7-201 et seq., or this part; or
         8. (viii) Expansion of existing Resource Conservation and Recovery Act Subtitle C or Arkansas Hazardous Waste Management Act hazardous waste facilities, either through increased acreage or provision for additional services or increased capacity; and

   2. (2) "Host community" means the closest governmental unit as measured along major facility access roads and highways exercising zoning authority encompassed within a twelve-mile radius of the site of the proposed high-impact solid waste management facility.

      1. (c) Division action and compliance requirements.
   3. (1) The Division of Environmental Quality shall not process any preapplication for a new or increased landfill acreage, or an application for increased landfill capacity until definitive findings in conformance with this section have been provided by the host community and accepted by the division.
   4. (2) Acceptance or denial of landfill siting by the host community shall be by formal resolution of the governing body of the host community.

Codification Notes: The Resource Conservation and Recovery Act (RCRA), Pub. L. No. 94-580, is codified generally at 42 U.S.C. § 6901 et seq.