(a) Application.

1. (1) A person requesting a certificate of need from the White River Regional Solid Waste Management District must submit an application to the district, which will also serve as the applicant’s notice of intent as per Permit Application Procedures, 8 CAR § 60-301 et seq., of the Solid Waste Management Rules, 8 CAR pt. 60.

2. (2) All applications for certificates of need shall include, at a minimum, the following information:

   1. (A) The applicant’s name, address, and telephone number;
   2. (B) The name of the person having legal ownership of the land where the proposed facility will be located and documentation of the right to develop such property as a solid waste facility from the legal owner;
   3. (C) The type and location of the proposed facility as shown on a topographic map and a state or county road map, including a legal description of the property;
   4. (D) The size and capacity of the proposed facility;
   5. (E) A description of the geopolitical jurisdictions to be served, including population estimates by jurisdiction;
   6. (F) Documentation of information applicable to each of the criteria for evaluation listed in this section;
   7. (G) For landfills, a statement from the Division of Environmental Quality concerning current and projected disposal capacity respective to the area and the solid waste district; and
   8. (H) Other information deemed by the Board of Directors of the White River Regional Solid Waste Management District as necessary to make a determination of need.

(b) Completeness determination.

1. (1) Within fourteen (14) days of receipt of the initial application, the district will make a completeness determination of the application.

2. (2)

   1. (A) Any additional information the district determines is necessary to make a decision on the need of the proposed facility will be requested within this time.
   2. (B) If additional information is requested by the district, it will again make a completeness determination within fourteen (14) days of the receipt of the additional information.

(c) Review period.

1. (1) Once the district has determined that an application for a certificate of need is complete:

   1. (A) The applicant will be notified; and
   2. (B) Public notice of the review period will be placed in papers of general daily or weekly circulation.

2. (2)

   1. (A) The review period will begin on the date of publication of the notice of the review period.
   2. (B) The review period will run for thirty (30) days.
3. (3) During the review period, public comment will be taken.

(d) Public hearing.

1. (1) During the review period, the district will conduct a public hearing within the county where the proposed facility or modification is to be located.
2. (2) The notice for the public hearing shall be made no less than ten (10) days in advance of the hearing.

(e) Determination.

1. (1) At the first scheduled board meeting following the close of the review period, the board will take up for consideration the application for a certificate of need.
2. (2) Unless the board has affirmatively issued or denied a certificate of need within one hundred eighty (180) days from the beginning of the review period, the certificate of need will be deemed to have been denied.

3. (3)

   1. (A) The board shall issue written findings when making a determination.
   2. (B) The findings shall state the basis for issuing or denying the certificate of need.
   3. (C) The findings will be sent to the following:

(i) The applicant;

1. (ii) The division; and

   1. (iii) Any interested persons who request such findings in writing from the district.

(f) Appeal of decision.

1. (1) Any interested person as defined in 8 CAR § 350-101 to a certificate of need determination shall have the right to appeal the issuance or denial of a certificate of need to the Director of the Division of Environmental Quality in accordance with division rules governing such appeals.
2. (2) Only interested persons shall have a right of appeal.