When reviewing an application for a certificate of need, the Boston Mountain Regional Solid Waste Management District will consider the following criteria:

1. (1) Whether the proposed facility is consistent with the regional planning strategy adopted by the Board of Directors of the Boston Mountain Regional Solid Waste Management District in the:

   1. (A) Regional needs assessment; or
   2. (B) Regional solid waste management plan;
2. (2) Whether the proposed facility conflicts with existing comprehensive land use plans of any local governmental entities;

3. (3) Whether the proposed facility disturbs:

   1. (A) An archeological site as recognized by the Arkansas Archeological Survey; or

   2. (B) A rare and endangered species habitat as recognized by either the:

      1. (i) Arkansas State Game and Fish Commission; or
      2. (ii) United States Fish and Wildlife Service;
4. (4) Whether the proposed facility will adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;
5. (5) Whether the proposed facility conflicts with the requirements of state or federal laws, rules, and regulations on the location of disposal facilities;
6. (6) If the proposed facility is located within the hundred-year floodplain, whether it restricts the flow of the hundred-year flood, reduces the temporary water storage capacity of the floodplain, or could result in washout of solid waste so as to pose a hazard to human health or the environment;
7. (7) Whether the proposed facility is appropriately located given the district’s needs and taking into consideration its road system;

8. (8)

   1. (A) For landfills, whether the proposed facility provides landfill disposal capacity needed within the district.
   2. (B) In no event shall the district’s excess projected capacity for any class of landfill exceed thirty (30) years, including the proposed facility;

9. (9) For transfer stations, whether:

   1. (A) Another transfer station is located within a twelve-mile radius of the proposed facility; and
   2. (B) Sufficient transfer station capacity exists within the proposed service area;
10. (10) The 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 political subdivision of any state;
11. (11) The service area to be served by the proposed facility; and
12. (12) Whether the applicant followed the procedures for obtaining a certificate of need in Subpart 5 of this part.