(a) Notification of the beginning of a review.

1. (1) Timely written notification will be sent to affected persons at the beginning of a review of an application for a certificate of need and to any person who has requested his or her name on the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District mailing list maintained by the board.

2. (2) Notification will include:

   1. (A) The proposed review period (subsection (b) of this section);
   2. (B) The date or dates of any scheduled or anticipated meetings;
   3. (C) The public hearing to be held during the course of review; and
   4. (D) The location where information related to the request for a certificate of need may be reviewed.
3. (3) 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, whichever is later.

4. (4)

   1. (A) Written notification to affected persons will be made by fax, mail, or email.
   2. (B) Notification to members of the public will be provided through newspapers of general circulation and public information channels in the jurisdictional boundaries of the board.

(b) Review period.

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

   1. (A) The date of the public hearing to be held in the county where the proposed solid waste facility is to be located; and
   2. (B) The date of final board finding (normally sixty (60) days or fewer 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) There is a provision for persons subject to a review to submit to the board information that the board requires relating to 8 CAR § 292-104(e)(1)(A) – (I).
2. (2) The form, manner, and content of the information will be as follows.

3. (3) The applicant's petition for a certificate of need shall include:

   1. (A) Applicant name, address, and telephone number;
   2. (B) Contact person and telephone number;
   3. (C) Name of individual/organization having legal ownership of the land where the proposed site and/or existing solid waste facility is located;
   4. (D) Description of geopolitical jurisdictions to be served, including population estimates by jurisdiction;
   5. (E) Documentation that the proposed solid waste facility complies with each of the criteria enumerated in 8 CAR § 292-104(e)(1)(A) – (I);
   6. (F) Amount of disposal capacity being proposed (stated in years) and description of how the capacity was calculated; and
   7. (G)

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

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

   1. (iii) The beginning of review (subsection (a) of this section) will not commence until all information is on file with the board.

2. (4) An application for a certificate of need will not be placed under review, nor will notification of beginning of review 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) Written findings, including specific documentation, which states the basis for any final decision made by the board are required.
2. (2) When a certificate of need is to be issued, these findings will include the findings of need required by 8 CAR § 292-107.
3. (3) The board will not make its final decision subject to any condition unless the condition is directly related to criteria established under 8 CAR § 292-104(c) – (e), 8 CAR § 292-110, and/or criteria prescribed by rule by the board in accordance with an authorization under state law.

(f) Public hearing in the course of review.

1. (1) The board will provide a public hearing during the course of review on each certificate of need application before the board makes its decision.
2. (2) The public hearing will be held in the county where the proposed solid waste facility is to be located, and notification of said public hearing will be made in accordance with subdivision (a)(4) of this section.

(g) Ex parte contacts.

1. (1) 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) Any person acting on behalf of the applicant; and
   2. (B) Any person on or employed by the board who exercises any responsibility respecting the application or withdrawal.
2. (2) 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 requests 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:

   1. (A) The applicant will make application for a solid waste facility permit to the Division of Environmental Quality; and
   2. (B) That if and when a permit is issued by the division, that construction will be completed and operation of the permitted solid waste facility is to begin.

2. (2)

   1. (A) After issuance of a certificate of need, the board will:

      1. (i) Periodically review the progress of the holder to the certificate of need in meeting the timetable specified in the approved application; and
      2. (ii) Report same to the division and the holder of a certificate of need.

   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 in subsection (f) of this section.
      3. (i) Availability of reports — Method of obtaining public access.

3. (1) The board will provide, upon request:

   1. (A) Notification of 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.
4. (2) For all applications resulting in the issuance of a solid waste facility permit by the division, the board will maintain, keep on file, and provide access to the general public all applications reviewed by the board and to all other written materials essential to any review, for as long as the facility remains permitted by the division.
5. (3) All applications that do not result in the issuance of a solid waste facility permit by the division will be maintained, kept on file, and access provided to the general public, along with all other written material essential to any review, for a period of seven (7) years, consistent with the board’s records retention policy.