(a) The Southwest Central Regional Solid Waste Management Board shall have the following powers and duties:

1. (1) To collect data, study, and initially evaluate the solid waste management needs of all localities within the Southwest Central Regional Solid Waste Management District, as provided in Arkansas Code § 8-6-716 of Acts 1991, No. 752, and to publish their findings as a regional needs assessment;
2. (2) To evaluate on a continuous basis the solid waste needs of the Southwest Central Regional Solid Waste Management District and thereby update the regional needs assessment at least biennially;

3. (3) To formulate:

   1. (A) Recommendations to all local governments within the Southwest Central Regional Solid Waste Management District on solid waste management issues; and
   2. (B) Plans for providing adequate solid waste management;
4. (4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within the Southwest Central Regional Solid Waste Management District with the exception of permits for landfills when private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry of similar kind of character;
5. (5) To petition the Arkansas Pollution Control and Ecology Commission or its executive director to issue, continue in effect, evoke, modify, or deny any permit for any element of a solid waste management system located within the Southwest Central Regional Solid Waste Management District based on compliance with the solid waste management plan of the Southwest Central Regional Solid Waste Management District;

6. (6) To adopt such rules pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., as are reasonably necessary to:

   1. (A) Ensure public notice and participation in any findings of rules of the board; and
   2. (B) Administer the duties of the board;
7. (7) To establish programs to encourage recycling;
8. (8) To adopt an official seal and alter it at pleasure;
9. (9) To maintain an office at such place as it may determine;
10. (10) To sue and be sued in its own name and to plead and be impleaded;
11. (11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the Southwest Central Regional Solid Waste Management District, including but not limited to entering into contracts and agreements with private entities for provisions of services;
12. (12) To carry out all other powers and duties conferred by Acts 1991, No. 752; and

13. (13)

    1. (A) To enter into an agreement with another solid waste management district to allow one (1) district to transfer solid waste to another district.
    2. (B) This will only be allowed if a solid waste district has no legally permitted landfill which can accept its solid waste.

(b) The board may:

1. (1) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste management system, and obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating until of any other person;
2. (2) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the Southwest Central Regional Solid Waste Management District and fix and pay their compensation from funds available to the Southwest Central Regional Solid Waste Management District therefor; and

3. (3) Purchase all kinds of insurance including, but not limited to, insurance against:

   1. (A) Tort liability;
   2. (B) Business interruption; and
   3. (C) Risk of damage to property.

(c)

1. (1) A majority of the membership of the board shall constitute a quorum.
2. (2) A majority vote of those members present shall be required for any action of the board.