When reviewing an application for a certificate of need, the East Arkansas Regional Solid Waste Management District shall consider and evaluate the following criteria:

1. (1) Whether the proposed facility is consistent with the regional planning strategy adopted by the district in the:

   1. (A) Regional needs assessment; or
   2. (B) Regional solid waste management plan;
2. (2) A review of any needs assessment that has been prepared;
3. (3) Whether the proposed facility conflicts with existing comprehensive land use plans of any local governmental entity;
4. (4) Whether the proposed facility disturbs an archeological site as recognized by the Arkansas Archeological Survey, or a rare and endangered species or habitat as recognized by either the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service or any other similar federal, state, or local agency;
5. (5) 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;
6. (6) Whether the proposed facility conflicts with the requirements of state or federal laws and regulations on the location of disposal facilities;

7. (7) If the proposed facility is located within the hundred-year floodplain, whether it:

   1. (A) Restricts the flow of the hundred-year flood;
   2. (B) Reduces the temporary water storage capacity of the floodplain; or
   3. (C) Could result in washout of solid waste which could pose a hazard to human health or the environment;
8. (8) Whether the proposed facility is appropriately located given the needs of the district, including a review of the road system serving such area;
9. (9) Whether the proposed facility provides disposal or transfer capacity needed within the district;
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 area to be served by the proposed facility;
12. (12) For landfill permits, consider the need for the landfill based upon the district’s excess projected capacity which is currently permitted for operation, but in no event shall the district’s excess permitted projected capacity exceed thirty (30) years, unless the city or county government within whose jurisdiction the proposed landfill is located authorizes through adoption of a resolution approval of the excess capacity; and
13. (13) Whether the applicant has complied with the rules for obtaining a certificate of need.