(a) Payment for public notices.

1. (1) The applicant shall publish, at applicant expense, the public notices required herein or by law to be published by the applicant.
2. (2) The notices shall be identified in the publication as legal notices and shall be word-for-word identical to the notices furnished by the Division of Environmental Quality to the applicant for publication.

3. (3) These notices include but may not be limited to:

   1. (A) Notice of the public meeting in accordance with 8 CAR § 60-302(d);
   2. (B) Notice of the receipt of an administratively complete application in accordance with 8 CAR § 60-304(c);
   3. (C) Notice of the preliminary decision to issue a permit in accordance with 8 CAR § 60-304(e);
   4. (D) Notice of the public hearing in accordance with subsection (j) of this section; and
   5. (E) Notice of preliminary decision to modify the permit in accordance with 8 CAR § 60-308(c).

(c) Selection of newspaper.

1. (1) Publication of notices shall be in a newspaper of general circulation published in the county in which the disposal facility is to be located, or, where no newspaper is published in the county, a newspaper of general circulation in that county.
2. (2) Selection of the newspaper shall be subject to division approval.

(d) Proof of publication required.

1. (1) In accordance with Administrative Procedures, 8 CAR pt. 11, the applicant shall furnish to the division proof of payment and proof of publication of all notices required to be published by the applicant.
2. (2) No solid waste disposal permit will be issued unless proper proof of publication and payment of legal notices is furnished to the division.

(f) Notice of application and request for hearing.

1. (1) In accordance with 8 CAR pt. 11, upon determination by the division that an application for a solid waste disposal or processing facility is administratively complete in accordance with 8 CAR § 60-304(a), a public notice of the receipt of the application shall be prepared by the division for publication by the applicant.
2. (2) The date of publication of the notice shall mark the beginning of a ten-business-day period in which any interested party may request the division to hold a public hearing in accordance with this section.

(g) Notice of preliminary permit decision.

1. (1)

   1. (A) Upon review of the final application package, the Director of the Division of Environmental Quality will make a preliminary decision to deny or issue a permit for solid waste disposal or processing.
   2. (B) Appeal of the director’s decision shall be in accordance with 8 CAR pt. 11 of the Arkansas Pollution Control and Ecology Commission.
2. (2) Should the application for a permit be denied, notice shall be sent to the applicant in accordance with 8 CAR pt. 11.

3. (3)

   1. (A) Should the director decide to issue the permit, a draft permit shall be prepared and provided to the applicant.
   2. (B) The division will prepare public notice of the preliminary decision to issue the permit and furnish the notice to the applicant for publication in accordance with 8 CAR § 60-304(e).

(h) Public comment period.

1. (1) The publication date of the preliminary decision to issue or deny the permit shall mark the beginning of a thirty-day comment period.
2. (2) Any interested party may submit written comments to the division regarding the technical aspects and regulatory conformance of the preliminary decision to issue or deny a permit during the comment period in accordance with the requirements described herein and in 8 CAR pt. 11.

(i) Decision to hold a public hearing.

1. (1) Following the preliminary decision to issue or deny a permit in accordance with subsection (g) of this section, the director shall determine whether to hold a formal public hearing concerning the preliminary decision.
2. (2) The decision on whether to hold a public hearing is solely at the director’s discretion.

(j) Notice of public hearing. Should a public hearing be scheduled, the public shall be notified as follows:

1. (1) The applicant and all persons requesting a hearing in conformance with subsection (h) of this section shall be notified prior to the hearing date by the division by first-class mail or certified mail, return receipt requested; and

2. (2)

   1. (A) The division shall prepare public notice of the public hearing and furnish the notice to the applicant for publication in accordance with subsections (c) and (d) of this section.
   2. (B) The notice of the public hearing shall include all pertinent facts concerning sources of information on the permit application, time, date, and location of the public hearing, and shall also provide twenty (20) days’ minimum notice prior to the public hearing date.

(k) Combined comment period and notice of hearing.

1. (1) At the division’s discretion, a single notice combining the thirty-day comment period provided for in subsection (h) of this section and the notice of public hearing may be published.
2. (2) A twenty-day minimum notice of the hearing shall be provided.

(l) Public hearing.

1. (1) Where the director determines that a public hearing will be held, where possible, the hearing will be scheduled at a location within the county in which the solid waste disposal or processing facility is proposed to be located.
2. (2) Conduct of the hearing shall be in accordance with 8 CAR pt. 11 of the commission.