(a) Notification 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 of an application for a certificate of need, and to any person who has requested his or her name be on the Southwest Arkansas Regional Solid Waste Management District Board mailing list maintained by the board.
   2. (B) Notification will include the:

(i) Proposed review period (subsection (b) of this section);

1. (ii) Date or dates of any scheduled or anticipated meetings and the public hearing to be held during the course of review; and

   1. (iii) Location where information related to the request for certificate of need may be reviewed.
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, whichever is later.
3. (3) Written notification to affected persons will be made by fax, mail, or email, and notification to members of the public will be provided through a newspaper of general circulation and public information channels in the Southwest Arkansas Regional Solid Waste Management District service area, whichever is applicable.

(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 landfill 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.

   1. (c) Public comment period. The board will accept written comments regarding an application for the period from the date of notification (subsection (a) of this section) through the close of business on the date of the public hearing (subsection (f) of this section) regarding the application for which notification was made.

      1. (d) Information requirements.
3. (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 § 310-103(e).

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

   1. (A)

      1. (i) The applicant’s petition for a certificate of need shall include:

(b) (b) Contact person and telephone number;

1. (c) (c) Name of individual/organization having legal ownership of the land where the proposed site and/or existing landfill is located;

   1. (d) (d) Description of geopolitical jurisdictions to be served, including population estimates by jurisdiction;

(g) (g) 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; and
   2. (B) 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 contains the information specified herein, and has been determined to be complete.

(e) Written findings and conditions.

1. (1)

   1. (A) Written findings, including specific documentation, 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 § 310-106.
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 § 310-103(c) – (e) and 8 CAR § 310-109, 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 disposal facility is to be located, and notification of said public hearing will be made in accordance with subdivision (a)(3) of this section.

(g) Ex parte contacts.

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

   1. (A) Acting on behalf of the applicant; and
   2. (B) On the board who exercises any responsibility respecting the application or withdrawal.
2. (2) Note. An “ex parte contact” means 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 need to specify the time the applicant will make an application for a solid waste landfill permit to the Division of Environmental Quality, and a time that, if and when a permit is issued by the division, that 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 report same to the division and the permit holder.

   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) The board will maintain and keep on file, and will provide access by the general public, to:

   1. (A) All applications reviewed by the board; and
   2. (B) All other written materials essential to any review.