Presumption against certain sites

1. Law
2. Arkansas Code
3. Environmental Law
4. Disposal of Solid Wastes and Other Refuse
5. Siting High Impact Solid Waste Management Facilities
6. Presumption against certain sites

1. (a)

   1. (1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.

   2. (2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.

2. (b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown:

   1. (1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2); or

   2. (2)

      1. (A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.

      2. (B) Such incentives may include, without limitation:

         1. (i) Increased employment opportunities;

         2. (ii) Reasonable host fees not to exceed the prevailing state average;

         3. (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;

         4. (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or

         5. (v) Subsidization of community services.

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