1. (a) Applicability. New and existing transfer stations shall meet the following site selection limitations and location restrictions including but not limited to:

   1. (1) A facility handling putrescible wastes within ten thousand feet (10,000’) (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five thousand feet (5,000’) (one thousand five hundred twenty-four meters (1,524 m)) of any airport runway end used only by piston-type aircraft shall be designed and operated in a manner that will not pose a bird hazard to aircraft;
   2. (2) Facilities shall be designed and operated in a manner that will not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health, wildlife, or land or water resources;

   3. (3)

      1. (A) New facilities or expansions shall demonstrate that it is not located in wetlands or, if it is, that it is in compliance with the provisions of the Clean Water Act and implementing rules.
      2. (B) To demonstrate compliance, the applicant must provide a wetlands determination prepared by the appropriate agency with jurisdiction for the proposed site and any permit required by the agency;
   4. (4) If the proposed solid waste facility site is located within a municipality or county that has adopted restrictions on sites in conjunction with a comprehensive county-wide land use plan as provided in 8 CAR § 60-202, specific geographic site approval from the government or governments of jurisdiction shall be obtained by the applicant for submission to the Division of Environmental Quality with the preapplication;

   5. (5) Transfer station active areas, as measured from a waste storage bin, receptacle, or any permanent structure shall not be located within:

      1. (A) Fifty feet (50’) of the property boundary; and
      2. (B)

2. (i) Two hundred feet (200’) to an existing residence, place of business, or drinking water supply not owned or leased by the applicant.

   1. (ii) Existing facilities shall be determined at the time in which notice is filed with the regional solid waste management district or a preapplication is filed with the division, whichever comes first.

3. (b) Local government control. Nothing contained herein shall be construed to prevent local governments from exercising legitimate zoning authority over solid waste management facilities.

   1. (c) Solid waste district notification.
   2. (1) Applicants for transfer stations shall provide notice to the solid waste management district in which the facility is proposed to be located.
   3. (2) In addition to the requirements of this subpart, applicants for a permit shall comply with any district rules regarding the siting, design, or operation of solid waste management facilities and any applicable comprehensive local zoning requirements.

   4. (3) Applicants shall obtain a certificate of need from the district pursuant to Arkansas Code § 8-6-701 et seq.

      1. (d) Waiver for existing facilities.
   5. (1) The division may waive all or part of the requirements of this section for facilities in existence prior to May 7, 1995, provided that the applicant demonstrates that improvements to the facility are not practical due to implementation of physical constraints at the facility.
   6. (2) Any subsequent modifications to the facilities shall require division approval and shall conform to the rules in effect on the date of modification.

Codification Notes: The Clean Water Act, Pub. L. No. 92-500, is codified generally at 33 U.S.C. § 1251 et seq.