(a) The agency will not issue a registration for a Class A
petroleum-substance waste management facility unless it finds that the proposed
site, when evaluated in light of proposed design, construction, and operational
features, reasonably minimizes possible contamination of surface water and
groundwater. In making this determination, the agency will consider the following
factors:
(1) flooding or active geologic processes such as erosion,
subsidence, submergence, and faulting;
(2) groundwater conditions such as groundwater flow rate, groundwater
quality, length of flow path to points of discharge, and aquifer recharge
or discharge conditions;
(3) soil conditions such as stratigraphic profile, stratigraphic
complexity, and hydraulic conductivity of strata;
(4) separation distance from the facility to the aquifer and
to points of discharge to surface water; and
(5) climatological conditions.
(b) Class A storage or treatment facilities shall not be located:
(1) in the 100-year floodplain;
(2) in wetlands;
(3) on the recharge or transition zone of a sole-source aquifer;
(4) within 1,000 feet of an established residence, church,
hospital, school, licensed day-care center, or dedicated public park;
(5) within 1,000 feet of any property owned by a person other
than the facility owner unless the applicant obtains a variance from the agency
pursuant to subsection (d) of this section relating to variances;
(6) in areas of direct drainage within 1/2 mile of any surface
water if the surface water is used to supply public drinking water through
a public water system, unless it is designed, constructed, operated, and maintained
to prevent any releases of contaminants from the facility;
(7) in the critical habitat of an endangered species of plant
or animal; or
(8) in an area where the roads leading to the facility which
will be utilized to transport soil are not adequate to handle the anticipated
traffic volume and load.
(c) Nothing in this subchapter shall be construed to require
the agency to issue a registration. In addition to an applicant's compliance
with location requirements, the agency will consider public comment on the
proposed facility, surrounding land uses, past performance record if any,
and enforcement history with this agency and other state agencies, when determining
whether or not to register an applicant under this subchapter.
(d) The agency may, in its discretion, grant a variance of
the requirements of subsection (b) of this section, relating to location requirements
for Class A Facilities. Before the agency may issue a variance under this
subsection, it shall require the applicant to demonstrate that the provisions
of subsection (b) of this section are not necessary to ensure adequate protection
of human health and the environment.
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