| expression of a fault, including both the identified zone of deformation and the combined uncertainties in locating a fault trace, shall be determined by a licensed professional geoscientist or geotechnical engineer. For purposes of fault assessment under this paragraph, depths of shallow sediments to be considered could be as little as 100 feet (for older, slowly accumulated sediments), or as great as 300 feet (for younger, rapidly accumulated sediments). The fault study should include analyses of any electric logs developed for any required subsurface characterization of the site, interpretation of available aerial photographs, study of available maps, logs, and documents that may indicate fault locations at the surface and in the subsurface, and a visual observation of the proposed site. (c) Waste piles. (1) A waste pile may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. "Physical transport" does not include movement of hazardous waste by an owner or operator to move the hazardous waste to safety during the threat of a 100-year flood event. (2) A waste pile may not be located in wetlands. (3) A waste pile may not be located on the recharge zone of a sole-source aquifer. (4) A waste pile may not be located in areas overlying regional aquifers unless: (A) the regional aquifer is separated from the base of the containment structure by a minimum of ten feet of material with a hydraulic conductivity toward the aquifer not greater than 10 -7 cm/sec or a thicker interval of more permeable material which provides equivalent or greater retardation to pollutant migration; or (B) secondary containment is provided to preclude pollutant migration to groundwater from spills, leaks, or discharges. (5) A waste pile may not be located in areas where soil unit(s) within five feet of the containment structure have a Unified Soil Classification of GW, GP, GM, GC, SW, SP, or SM, or a hydraulic conductivity greater than 10-5 cm/sec unless: (A) secondary containment is provided to preclude pollutant migration to groundwater or surface water from spills, leaks, or discharges; or (B) the soil unit is not sufficiently thick and laterally continuous to provide a significant pathway for waste migration. (6) A waste pile may not be located in areas of direct drainage within one mile of a lake at its maximum conservation pool level, if the lake is used to supply public drinking water through a public water system, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from a release in such areas. (7) A waste pile may not be located in areas of active geologic processes unless the design, construction, and operational features of the facility will prevent adverse effects resulting from the geologic processes. (8) A waste pile may not be located within 1,000 feet of an area subject to active coastal shoreline erosion if the area is protected by a barrier island or peninsula unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. On coastal shorelines which are subject to active shoreline erosion and which are unprotected by a barrier island or peninsula, a separation distance from the shoreline to the facility must be at least 5,000 feet unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. (9) A waste pile may not be located in the critical habitat of an endangered species of plant or animal unless the design, construction, and operational features of the facility will prevent adverse effects on the critical habitat of the endangered species. (10) A waste pile may not be located on a barrier island or peninsula. (11) A waste pile may not be located within 30 feet of the upthrown side or 50 feet of the downthrown side of the actual or inferred surface expression of a fault that has reasonably been shown to have caused displacement of shallow Quaternary sediments or of man-made structures, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from fault movement. The presence, and if a fault is found to be present, the width and location of the actual or inferred surface expression of a fault, including both the identified zone of deformation and the combined uncertainties in locating a fault trace, shall be determined by a licensed professional geoscientist or geotechnical engineer. For purposes of fault assessment under this paragraph, depths of shallow sediments to be considered could be as little as 100 feet (for older, slowly accumulated sediments), or as great as 300 feet (for younger, rapidly accumulated sediments). The fault study should include analyses of any electric logs developed for any required subsurface characterization of the site, interpretation of available aerial photographs, study of available maps, logs, and documents that may indicate fault locations at the surface and in the subsurface, and a visual observation of the proposed site. (d) Storage surface impoundments. (1) A storage surface impoundment may not be located in the 100-year floodplain unless it is designed, constructed, operated, and maintained to prevent physical transport of any hazardous waste by a 100-year flood event. "Physical transport" does not include movement of hazardous waste by an owner or operator to move the hazardous waste to safety during the threat of a 100-year flood event. (2) A storage surface impoundment may not be located in wetlands. (3) A storage surface impoundment may not be located on the recharge zone of a sole-source aquifer. (4) A storage surface impoundment may not be located in areas overlying regional aquifers unless: (A) the regional aquifer is separated from the base of the containment structure by a minimum of ten feet of material with a hydraulic conductivity toward the aquifer not greater than 10 -7 cm/sec or a thicker interval of more permeable material which provides equivalent or greater retardation to pollutant migration; or (B) the impoundment is double-lined and has an intervening leak detection system or the facility has an equivalent design which provides commensurate or greater assurance of waste containment. (5) A storage surface impoundment may not be located in areas where soil unit(s) within five feet of the containment structure have a Unified Soil Classification of GW, GP, GM, GC, SW, SP, or SM, or a hydraulic conductivity greater than 10-5 cm/sec unless: (A) the impoundment is double-lined and has an intervening leak detection system or the facility has an equivalent design which provides commensurate or greater assurance of waste containment; or (B) the soil unit is not sufficiently thick and laterally continuous to provide a significant pathway for waste migration. (6) A storage surface impoundment may not be located in areas of direct drainage within one mile of a lake at its maximum conservation pool level, if the lake is used to supply public drinking water through a public water system, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from a release in such areas. (7) A storage surface impoundment may not be located in areas of active geologic processes unless the design, construction, and operational features of the facility will prevent adverse effects resulting from the geologic processes. (8) A storage surface impoundment may not be located within 1,000 feet of an area of active coastal shoreline erosion if the area is protected by a barrier island or peninsula, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. On coastal shorelines which are subject to active shoreline erosion and which are unprotected by a barrier island or peninsula, a separation distance from the shoreline to the facility must be at least 5,000 feet unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. (9) A storage surface impoundment may not be located in the critical habitat of an endangered species of plant and animal unless the design, construction, and operational features of the facility will prevent adverse effects on the critical habitat of the endangered species. (10) A storage surface impoundment may not be located on a barrier island or peninsula. Cont'd... |
