The certificate of need program provides that:

1. (1) No certificate of need application will be accepted, nor will a certificate of need be issued, to any applicant where the solid waste landfill disposal capacity for the proposed service area and class or classes of permit under review exceeds twenty-five (25) years at the time the notice of intent (see 8 CAR § 270-206) is submitted;
2. (2) No certificate of need application will be accepted for review unless a notice of intent has been filed in accordance with 8 CAR § 270-206; and
3. (3) The Board of Directors of the Sebastian County Regional Solid Waste Management District will only issue a certificate of need where need is actually found to exist.