| (a) Storage or processing facilities (excluding storage surface impoundments). (1) A storage or processing facility (excluding storage surface impoundments) 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 or processing facility (excluding storage surface impoundments) may not be located in wetlands. (3) A storage or processing facility (excluding storage surface impoundments) may not be located on the recharge zone of a sole-source aquifer unless secondary containment is provided to preclude migration to groundwater from spills, leaks or discharges. (4) A storage or processing facility (excluding storage surface impoundments) may not be located in areas overlying regional aquifers unless: (A) the regional aquifer is separated from the facility by a minimum of ten feet of material with a hydraulic conductivity toward the aquifer not greater than 10-7 centimeters per second (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 migration to groundwater from spills, leaks or discharges. (5) A storage or processing facility (excluding storage surface impoundments) 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 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 storage or processing facility (excluding storage surface impoundments) 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 or processing facility (excluding storage surface impoundments) 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 or processing facility 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. (9) A storage or processing facility 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. (b) Land treatment facilities. (1) A land treatment facility 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. A new commercial hazardous waste management facility land treatment unit may not be located in a 100-year flood plain, unless the applicant demonstrates to the satisfaction of the commission that the facility design will prevent the physical transport of any hazardous waste by a 100-year flood event. (2) A land treatment facility may not be located in wetlands. (3) A land treatment facility may not be located in the recharge zone of a sole-source aquifer. (4) A land treatment facility may not be located in areas overlying regional aquifers unless: (A) it is an area where the average annual evaporation exceeds average annual rainfall plus the hydraulic loading rate of the facility by more than 40 inches and the depth to the regional aquifer is greater than 100 feet from the base of the treatment zone; or (B) the regional aquifer is separated from the base of the treatment zone 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. (5) A land treatment facility may not be located in areas where soil units(s) within five feet of the treatment zone 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) it is in an area where the average annual evaporation exceeds average annual rainfall plus the hydraulic loading rate by more than 40 inches; or (B) the soil unit is not sufficiently thick and laterally continuous to provide a significant pathway for waste migration. (6) A land treatment facility may not be located within 1,000 feet of an established residence, church, school, day care center, surface water body used for a public drinking water supply, or dedicated public park which is in use at the time the notice of intent to file a permit application is filed with the commission, or if no such notice is filed, at the time the permit application is filed with the commission. The measurement of distances required for a new hazardous waste land treatment facility shall be taken from a perimeter around the proposed new hazardous waste land treatment management unit. The perimeter shall be not more than 75 feet from the edge of the proposed new hazardous waste land treatment unit. (7) A land treatment facility 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. (8) A land treatment facility 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. (9) A land treatment facility 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. (10) A land treatment facility 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. (11) A land treatment facility may not be located on a barrier island or peninsula. (12) A land treatment facility 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 Cont'd... |
