(a)

1. (1) The Board of Directors of the Northeast Arkansas Regional Solid Waste Management District will consider but will not be limited to the following criteria when deciding upon a request for a solid waste transfer.
2. (2) Information relative to the criteria shall be provided to the Director of the Northeast Arkansas Regional Solid Waste Management District by the person or persons making the request and any response to the request by other interested parties.

(b)

1. (1) Transfer of solid waste collected within the Northeast Arkansas Regional Solid Waste Management District to a disposal site outside the district.

2. (2) The board may allow the transfer:

   1. (A) If said transfer does not adversely affect the operation of disposal systems presently operating within the district;
   2. (B) If said transfer does not adversely affect or have the potential to adversely affect citizens within the district or the customers of the waste hauler;
   3. (C) If the owners/operators of the currently utilized facility are using unequal pricing and discriminatory access procedures and structures that adversely affect the person or persons’ business;
   4. (D) If the person or persons requesting the transfer can demonstrate that business will be significantly improved through disposal of solid waste out of the district;
   5. (E) If the current disposal facility is closed or otherwise rendered inoperable by:

(i) An emergency due to an act of God;

1. (ii) Failure or inability to comply with state and federal standards;

   1. (iii) Financial failure; or

      1. (iv) Other factors out of the control of the person or persons requesting the transfer;

   2. (F) If the out-of-district transfer:

      1. (i) Is consistent with the intent of the district’s solid waste management plan; and
      2. (ii) Does not adversely affect the plan or any commitment of waste by the district; or

   3. (G) If the company provides documentation from a permitted disposal facility that shows the tonnage/cubic yards leaving the district and pays the fees in 8 CAR § 210-602.

      1. (c)
2. (1) To transfer solid waste into the district, the person or persons requesting the transfer must provide the district with the following information.

3. (2) Although numerous criteria and circumstances will be considered, the director may allow the transfer if:

   1. (A) The added solid waste disposal does not contribute to environmental degradation by adversely affecting water or air quality;
   2. (B) The solid waste contains no toxic or hazardous waste as defined by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60;

   3. (C) The person or persons requesting the transfer has no outstanding violations with:

      1. (i) The United States Environmental Protection Agency;
      2. (ii) The Division of Environmental Quality; or
      3. (iii) Any environmental agency within the state or region in which the person or persons requesting the transfer are currently doing business;
   4. (D) The person or persons requesting the transfer meets all appropriate rules of the division, all laws of the State of Arkansas, and all state regulations and laws from the state in which the person or persons requesting the transfer is currently doing business;

   5. (E) The person or persons requesting the transfer has:

      1. (i) Secured all appropriate federal and state permits; and
      2. (ii) Presents evidence of such to the director;
   6. (F) The landfill or other disposal facility or transfer station within the district is closer than other disposal or transfer facilities;
   7. (G) The disposal of said solid waste within the district improves the economic viability of the person or persons requesting the transfer without causing harm to waste haulers and disposal companies within the district;
   8. (H) The company is not a “bad actor” as defined by the division as evidenced by the district’s inquiry into the history of compliance from other areas where the company had done business;
   9. (I) If additional disposal within the district does not burden, stress, or jeopardize the disposal capacity within the district;
   10. (J) If the disposal facilities are willing to accept the waste material; or
   11. (K) If the disposal of additional solid waste within the district is not inconsistent with the intent of the district’s solid waste management plan.