(b) Preapplication form and documents. All preapplications shall contain at least the following information and supporting documentation:

1. (1) The name and address of the applicant and the owner of the site or facility;

2. (2)

   1. (A) The location of the proposed disposal or processing site including a description of:

(i) Access roads;

1. (ii) Streams which are in close proximity to the site;

   1. (iii) Dwellings; and

      1. (iv) Any other relevant geographic and geologic features of the site.
   2. (B) Preapplication for disposal facilities shall include data on soil conditions and general geologic features;

2. (3)

   1. (A) A 7.5-minute United States Geological Survey quadrangle map showing disposal or processing site boundaries.
   2. (B) The processing facility must also be shown on an appropriate scale city or county map;

3. (4)

   1. (A) Copies of notifications to appropriate agencies regarding whether the selected site is in conformance with the airport safety, floodplain, and wetlands separation distances and location restrictions, and protective of:

      1. (i) Endangered species;
      2. (ii) Historic archeology; and
      3. (iii) Flora and fauna.

   2. (B) Those agencies include, but are not limited to, the:

      1. (i) Federal Aviation Administration;
      2. (ii) United States Army Corps of Engineers;
      3. (iii) United States Fish and Wildlife Service;
      4. (iv) Arkansas State Game and Fish Commission;
      5. (v) Arkansas Historic Preservation Program;
      6. (vi) Arkansas Natural Heritage Commission; and
      7. (vii) Department of Health;
4. (5) Assurance that the permit applicant has the legal authority to enter the lands for purposes of performing site investigations and studies;
5. (6) Declaration of the classification of landfill or type of processing area and proposed service area;
6. (7) A description of the nature and type of wastes to be disposed of or processed;
7. (8) Disclosure statement, not required for governmental entities including federal, state, county, municipal, and regional solid waste authorities;
8. (9) Preapplication fee according to current fee schedule;
9. (10) Certificate of need from regional solid waste planning board in accordance with 8 CAR § 60-205, except that Class 3 noncommercial landfills applicants shall instead provide a copy of the notice to the regional solid waste planning board required in 8 CAR § 60-203;
10. (11) Site selection approval by or notice to the local government authority as required under 8 CAR § 60-203; and

11. (12) Additional information deemed necessary by the Division of Environmental Quality for performance of a preliminary site investigation.

    1. (c) Public meeting for proposed landfill sites.
12. (1) The division shall hold a public meeting at a suitable location near the proposed solid waste disposal site for all administratively complete preapplications for new Class 1, Class 3 commercial, and Class 4 landfills, and public meetings may be required by the division for other solid waste disposal and processing facilities and permitting actions.

13. (2) The primary purpose of the public meeting shall be to inform and answer questions from concerned citizens.

    1. (d) Preparation of notice of public meeting.
14. (1) Upon determination by the division that a preapplication is administratively complete, a public meeting shall be scheduled by the division.

15. (2)

    1. (A) The division shall prepare a public notice of the public meeting and furnish the notice to the applicant for publication in accordance with 8 CAR § 60-305.
    2. (B) A twenty-day minimum notice of the public meeting is required.

(e) Preliminary site investigation.

1. (1)

   1. (A) A preliminary site investigation to gather geologic and geographic information shall be conducted by the division to determine if the proposed landfill site appears suitable for waste disposal operations.
   2. (B) Interested local, regional, state, and federal agencies may be invited by the division to attend the preliminary site investigation.
2. (2) The applicant shall furnish all necessary equipment and manpower needed to gain access to the site, dig test pits, and otherwise complete the preliminary site investigation.

3. (3)

   1. (A) The division shall provide its findings and results of the preliminary site investigation to the applicant.
   2. (B) Should the applicant choose to submit a full application and detailed design for a landfill, any site limitations identified in the preliminary site investigation report shall be addressed in the application package.

(f) Response to preliminary site investigation report.

1. (1) Prior to the submittal of a full application for a permit, the applicant shall document how any limitations identified in the preliminary site investigation will be further investigated and how site limitations may be overcome in the facility design.

2. (2)

   1. (A) The Director of the Division of Environmental Quality may make a decision to deny the permit based on location restrictions, the pre-application, the findings of the preliminary site investigation and preliminary geotechnical investigation report.
   2. (B) Appeal of the director’s decision to deny the permit shall be in accordance with Administrative Procedures, 8 CAR pt. 11, of the Arkansas Pollution Control and Ecology Commission.