(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are:

(1) South of a navigable waterway that traverses the state; or

(2) More than two (2) miles from an interstate highway, public or private school, or church facility in place at the time of the original permit application.

(b) (1) (A) A person or entity proposing and constructing a motor vehicle racing facility under subsection (a) of this section shall seek the approval of and issuance of an annual permit from the Arkansas Department of Environmental Quality.

(B) The department's approval shall be sought by filing a permit application with the department, which shall contain a written proposal for the facility containing the substance of the proposed facility, including:

(i) A description of the types of motor vehicles proposed for racing at the facility;

(ii) The maximum projected noise level of the racing vehicles;

(iii) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the facility;

(iv) Estimates of traffic counts and numbers of spectators; and

(v) Any other relevant permit information as may be determined necessary for the permit application by the department.

(2) (A) (i) For the initial permit application for new facilities to be constructed, the department shall conduct a public hearing on the proposed facility.

(ii) The department shall set a date for the public hearing to be held on the proposed facility permit which shall not be fewer than thirty (30) days after the filing of the initial permit application.

(iii) The hearing under this subdivision (b)(2) for the initial permit may be adjourned and continued if necessary.

(B)

(i) The department, in its discretion, may hold public hearings for the renewal of any permits as is necessary.

(ii) Any interested persons may appear and contest the granting of the approval or renewal of the facility permit.

(iii) Affidavits in support of or against the proposed facility or a permit renewal, which may be prepared and submitted, shall be examined by the department.

(3) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the department is satisfied that the benefits of the facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the department shall grant the initial permit approving the proposed facility or shall renew approval to the permitted or existing facility.

(4) Renewal of an annual permit may also be denied if:

(A) The facility is determined to be in violation of any standards under which the permit was issued; or

(B) The facility is constructed or is being operated in a manner that is materially different than was represented during the initial application process.

(5) If any material changes, additions, or improvements are made to the facility, the permit shall be amended accordingly, and the department may reconsider the approval of the permit.

(6) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate any and all necessary rules and regulations to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.

(c) Each facility constructed in an area under this section that applies for and receives an initial annual permit to operate its facility shall thereafter apply annually for renewal of its permit.

(d) For the purposes of this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing.

(e) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no facility shall be permitted or constructed under this section within one (1) mile of the boundary of another county.