(b) Petition requirements. The petition to the regional board must be in accordance with procedures adopted by the board but must establish, at a minimum, that the proposed disposal facility:

1. (1) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan;
2. (2) Does not conflict with existing comprehensive land-use plans of any local governmental entities;
3. (3) Does not disturb an archeological site as recognized by the Arkansas Historic Preservation Program, 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;
4. (4) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas; and
5. (5) Does not conflict with the requirements of local, state, or federal laws and regulations on the location of disposal facilities as outlined in this part.

(c) Petition evaluation.

1. (1) The regional board shall provide for public notice and comment and for one (1) or more public hearings in the county in which the proposed facility is to be located.

2. (2) The board shall issue or deny the certificate of need based upon an evaluation of:

   1. (A) The information provided by the applicant in the petition for a certificate of need;
   2. (B) The requirements and considerations of any needs assessments prepared pursuant to this section;
   3. (C) The location of the applicant's proposed facility based on the district's needs and its highway and road system;
   4. (D)

(i) The need for a landfill application based upon the district's remaining capacity that is currently permitted for operation, but in no event shall the district's remaining permitted capacity exceed thirty (30) years unless the city or county government within whose jurisdiction the proposed landfill is located authorizes approval of the excess capacity through the adoption of a resolution.

1. (ii) Along with the certificate of need for a landfill, the district shall provide to the Director of the Division of Environmental Quality an allocation of waste capacity for each permitted landfill within the district’s jurisdiction in order to determine the design capacity of the proposed facility;

   1. (E) Any solid waste management system plans, promulgated and approved pursuant to Arkansas Code §§ 8-6-211 and 8-6-212 to the extent these plans conform to an overall regional planning strategy;
   2. (F) A 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 any political subdivision of any state; and

   3. (G) Any procedures adopted by the board for issuance of certificate of need.

      1. (d) Appeals.
2. (1) Any interested person as defined in 8 CAR § 60-206(b)(1) may appeal the board's determination to the director pursuant to appeal procedures set forth in 8 CAR § 60-206.
3. (2) The director may grant or deny a permit if the director finds, upon appeal, that the decision of the board was not supported by substantial evidence considering the factors outlined in this section.