(a) Before the Southwest Central Regional Solid Waste Management District Board of Directors may issue a certificate of need, it must be determined that the applicant has demonstrated compliance with the following criteria:

1. (1) That the proposed solid waste facility is consistent with the regional planning strategy adopted by the Southwest Central Regional Solid Waste Management District Board of Directors in the:

   1. (A) Regional needs assessment; or
   2. (B) Regional solid waste management plan;
2. (2) That the proposed solid waste facility does not conflict with existing comprehensive land use plans of any local government entity;

3. (3) That the proposed solid waste facility does not disturb:

   1. (A) Any archeological site as recognized by the Arkansas Archeological Survey; and
   2. (B) A rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service;
4. (4) That the proposed solid waste facility will not adversely impact local ecological conservation efforts including, but not limited to, those known and unknown to the applicant;
5. (5) That the proposed solid waste facility will not adversely affect the public use of any local, state, or federal facilities including, but not limited to, parks and wildlife management areas;
6. (6) That the proposed solid waste facility does not conflict with the requirements of state or federal laws and rules applicable to the location of the proposed facility;
7. (7) That the proposed solid waste facility does not restrict the flow of the hundred-year floodplain, reduce the temporary water storage capacity of the floodplain, or result in a washout of solid waste so as to pose a hazard to human health or the environment;

8. (8)

   1. (A) If the application is for a transfer station that proposes to transfer waste outside of the Southwest Central Regional Solid Waste Management District, the applicant must document that the district to which waste will be transferred has been notified and that the board of the transferee-district has approved the receipt of such waste.
   2. (B) This provision does not apply if the waste is being transported for disposal outside the geographic limits of Arkansas;
9. (9) The applicant's detailed history and record, with respect to violations of environmental laws and rules of the United States, or any state or political subdivision of a state, must demonstrate substantial compliance with such laws and rules;
10. (10) The location of the applicant's proposed solid waste facility shall be consistent with the Southwest Central Regional Solid Waste Management District's needs and its highway and road system; and
11. (11) If the application is for a landfill, the applicant must demonstrate a need based upon the Southwest Central Regional Solid Waste Management District's excess projected capacity that is currently permitted for operation, but in no event shall the Southwest Central Regional Solid Waste Management District's excess permitted projected capacity exceed thirty (30) years.