(e)

1. (1) Each decision of the board to issue or deny a certificate of need must be based on documented evidence clearly indicating that the proposed solid waste landfill:

   1. (A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment;
   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; and

   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. (2) Note. The decision of the board to issue or deny a certificate of need shall not be based on any technical merits related to the proposed or existing solid waste landfills.