(c) In issuing or denying certificates of need, the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will take into account the:

1. (1) Findings enumerated in the Regional Needs Assessment Report applicable to the area where the solid waste facility site is proposed; and
2. (2) Criteria enumerated in this subsection, subsections (d) and (e) of this section, and 8 CAR § 292-110.

(e)

1. (1) Each decision of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to issue or deny a certificate of need must be based on documented evidence clearly indicating that the proposed solid waste facility:

   1. (A) Is consistent with the regional planning strategy adopted by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District in the regional needs assessment or the regional solid waste management plan;
   2. (B) Does not conflict with existing comprehensive land use plans of any local governmental entities;
   3. (C) Does not disturb:

(i) An archeological site as recognized by the Arkansas Archeological Survey; or

1. (ii) A rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service;

   1. (D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;
   2. (E) Does not conflict with the requirements of state laws and rules or federal laws, rules, and regulations on the location of disposal facilities;

   3. (F) If located in the hundred-year floodplain, does not:

      1. (i) Restrict the flow of the hundred-year flood;
      2. (ii) Reduce the temporary water storage capacity of the floodplain; or
      3. (iii) Result in washout of solid waste so as to pose a hazard to human health or the environment;

   4. (G)

      1. (i) If the transfer station proposes to transfer waste outside of the regional solid waste management district in which it is located, the petition shall also contain documentation that the:

(b) (b) Board of that district has approved the receipt of the waste.

1. (ii) This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state;

   1. (H) Any other information deemed necessary by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; and
   2. (I) Subject to Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60, and any amendment to 8 CAR pt. 60.
2. (2) Note. The decision of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to issue or deny a certificate of need shall not be based on any technical merits related to proposed or existing solid waste facilities.