(a) No permits may be issued by the Arkansas Department of Environmental Quality for the construction or operation of a commercial medical waste incineration facility in which any of the following factors are present:
(1) The location of the facility is within one (1) mile of any occupied structure;
(2) The location of the facility is within an active fault zone or an area of high earthquake potential;
(3) The location of the facility is within a regulatory floodway, as adopted by communities participating in the National Flood Program managed by the Federal Emergency Management Administration Commission; or
(4) The location of the facility is within wetland areas.
(b) Exceptions may be made to these requirements only by obtaining written permission from all real property owners and residents of any property adjacent to the site of the proposed commercial medical waste incineration facility.
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