(a) Notice of the beginning of a review.

1. (1)

   1. (A) Timely written notification will be sent to affected persons at the beginning of a review, and to any person or entity that has requested their name be included on the mailing list.
   2. (B) Notification will include the proposed review period (see subsection (b) of this section).
2. (2) For purposes of this subsection, the date of notification is the date on which the notice is sent or the date on which the notice appears in a newspaper of general circulation within the Board of Directors of the Sebastian County Regional Solid Waste Management District’s jurisdiction.

3. (3)

   1. (A) Written notification to members of the general public and to interested persons will be by publication in a newspaper of general circulation in Sebastian County or the proposed solid waste service area, whichever is applicable.
   2. (B) Notification to all affected persons will be made by regular mail.

(b) Review period.

1. (1) The board will establish a review period, which will include the date:

   1. (A) Of the public hearing to be held in the county where the proposed solid waste landfill and/or transfer station is to be located; and
   2. (B) The board will issue its final finding (normally sixty (60) days or less from the date of notification).
2. (2) The review period begins on the date established in subsection (a) of this section.

(d) Information requirements.

1. (1) The board may require any person or entity subject to a review to submit to the board information that the board requires relating to 8 CAR § 270-204(e)(1) – (4).

2. (2) The form, manner, and content of the information will be as follows:

   1. (A) Applicant's name, address, and telephone number;
   2. (B) Name of individual/organization having legal ownership of the land where the proposed site and/or existing landfill and/or transfer station is located;
   3. (C) Description of geopolitical jurisdiction or jurisdictions to be served, including population estimates by jurisdiction;
   4. (D) Documentation that the proposed solid waste landfill and/or transfer station complies with each of the criteria enumerated in 8 CAR § 270-204(e)(1) – (4); and
   5. (E)

(i) Other information deemed necessary to make a determination of need.

1. (ii) This information will be specified and requested of the applicant within two (2) weeks of receipt of the initial application.

2. (3) An application for a certificate of need will not be placed under review nor a notification of beginning of review will be made until or unless the application:

   1. (A) Contains the information specified herein; and
   2. (B) Has been determined to be complete.

(e) Written findings and conditions.

1. (1)

   1. (A) Written findings which state the basis for any final decision made by the board are required.
   2. (B) When a certificate of need is to be issued, these findings will include the findings of need required by 8 CAR § 270-207.
2. (2) The board will not make its final decision subject to any condition unless the condition directly relates to criteria established under 8 CAR § 270-204(c) – (e), 8 CAR § 270-209, and/or criteria prescribed by rule by the board in accordance with authorization under Arkansas law.

(f) Public hearing in the course of review.

1. (1) The board will provide a public hearing during the course of review (before the board makes its decision).
2. (2) The public hearing will be held in the county where the proposed waste disposal facility is to be located, and notification of said public hearing will be made in accordance with subsection (a) of this section.

(g)

1. (1) Ex parte contacts. After the commencement of a public hearing under subsection (f) of this section, and before a decision is made, there shall be no ex parte contacts between:

   1. (A) The applicant or any person acting on behalf of the applicant (or any person opposed to the issuance or in favor of withdrawal of a certificate of need petition); and
   2. (B) Any member of the board.
2. (2) This does not preclude a governmental official who is on the board from communicating with officials or employees in his or her community or county when that community or county is an applicant of a certificate of need.
3. (3) Note. An "ex parte contact" is defined as an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include a request for status reports on any matter or proceeding.

(h) Withdrawal of a certificate of need.

1. (1) An applicant for a certificate of need will specify the time the applicant makes application for a solid waste disposal facility permit, and a time that if and when a permit is issued by the Division of Environmental Quality, construction will be completed and operation of the permitted facility is to begin.

2. (2)

   1. (A) After issuance of a certificate of need, the board will periodically review the progress of the holder of the certificate of need in meeting the timetable specified in the approved application and will report the same to the division.

   2. (B)

      1. (i) If, on the basis of this review, the board determines that the holder of the certificate of need is not meeting the timetable and is not making a good faith effort to meet it, the board may withdraw the certificate of need.
      2. (ii) In withdrawing a certificate of need, the board will follow the procedures set forth in subsection (e) of this section.
      3. (i) Availability of records — Methods of obtaining public access. The board will:

3. (1) Upon written request, provide written notification of:

   1. (A) The status of the review of proposals;
   2. (B) Findings made in the course of the reviews; and
   3. (C) Other appropriate information respecting all reviews; and

4. (2) Maintain and keep on file, and provide access by the general public to, all:

   1. (A) Applications reviewed by the board; and
   2. (B) Other written materials essential to any review.