solid waste management needs. Act 870 divides the state into eight Regional Solid Waste Planning Districts. The geographic boundaries of the districts are the same as the planning and development districts established by A.CA. Section 14-166-202. See illllsirnlioll3
for a //lap of Ihe regional dislricls. Within each district, a Regional Solid Waste Planning Board is created. The Board is comprised of the county judge of each county in the region, the mayor of the largest city in each county, an owner or operator of a private-sector landfill and three members of the general public. The most immediate task of the boards is gathering information. By January 31, 1991, each board must submit to ADPC&E a Regional Needs Assessment (RNA) which, at a minimum, must include: (1) Calculations of the amount of solid waste generated in the region and the remaining disposal capacity available in the district; (2) An evaluation of the adequacy of all solid waste services in the region; and (3) An evaluation of the economic, environmental and other relevant concerns which would be impacted by receipt of solid waste from outside the district. Once the RNAs are in place, each board turns to another role. Before submitting an application for a solid waste landfill permit to ADPC&E, the applicant must obtain a Certificate of Need from the regional board. In its deliberations, the boards must determine whether the facility at its proposed location will serve the assessed needs of the region and not adversely affect certain enumerated public concerns. If a Certificate of Need is denied, Act 870 provides for an appeal to the Director of ADPC&E. In addition to procedures designed to facilitate regional cooperation, Act 870 contains other substantive requirements. For instance, a regional district is prohibited from accepting waste from outside its boundaries once projected capacity reaches less than five years. Once this bottom line of capacity is reached, the board is required to issue requests for proposals to increase the district landfill capacity. A ceiling on capacity is also imposed; Act 870 provides that in no event shall a district's capacity exceed 30 years. Finally, to allow the boards time to assess regional needs and preserve remaining capacity, Act 870 prohibits landfills in each district from receiving waste from outside the district until January 31,1991. If an existing landfill is already serving areas outside of a district, it may not increase the influx of waste from outside the district by more than 20 percent. Otherwise, the moratorium prohibits the inter-district transfer of waste and even prohibits the Department from processing any permit for a facility which proposes to accept solid waste from outside of its regional district. The regional boards have been formed and are making progress in preparing the R As. The General Assembly intended that this process would foster a realization that new economies of scale must be itnplemented to meet the solid waste needs of the state. Efficient solid waste management no longer fits within the traditional subdivisions of state government. Act 870 offers counties and municipalities a mechanism for sharing resources and costs. A major prerequisite to making regionalization a reality is responsible leadership by local governments. While the regional boards have no authority beyond what may be delegated by participating local governments, it is hoped that a regional approach will, to some extent, defuse the inevitable reactionary opposition to landfills most keenly felt at the local government level. A recent Attorney General's Opinion (Opinion No. 89 - 363 issued February 22, 1990) could presage and legitimize a trend which does not bode well for a regionalization strategy. This Opinion declares that ADPC&E cannot issue a permit for a landfill which would contravene a local ordinance not prohibited or preempted by state law. The Arkansas Solid Waste Management Act (A.C.A. ยง8 6 - 209) allows localities to adopt standards more restrictive than ADPC&E's regarding the location, design, construction and maintenance of solid waste disposal sites. If local governments use this authority to promote IMBY and NIMEY reactions, the General Assembly's best laid plans for regionalization would be thwarted, and Act 870 procedures and institutions will become nothing more than another bureaucratic hurdle in an already complicated process.