(A) General criteria. The director shall not
approve
any
a
permit to install application for
an industrial
landfill or a residual
waste landfill
facility unless the director determines
all
of the following:
(1) Establishment
or modification and operation of the
industrial
landfill or residual
waste landfill
facility will not violate Chapter 3704., 3734., or 6111. of the Revised
Code.
(2) The
industrial landfill or residual
solid waste landfill facility will be
capable of being constructed, operated, closed, and maintained during the
post-closure care period in accordance with
Chapter
3745-30 of the Administrative Code
this
chapter, and with the terms and conditions of the permit.
(3) The applicant
or
person
and/or the person(s) listed as
owner and operator if the owner and operator are not the applicant, who has
been or is currently responsible for the management or operation of one or more
solid waste facilities, has managed or operated such facility in substantial
compliance with applicable provisions of Chapters 3704.,
3714., 3734.,
3714., and 6111. of the Revised Code
, and any rules, permits or other authorizations
issued thereunder, and has maintained
substantive
substantial compliance with all applicable orders
issued by the director, the environmental review appeals commission, or courts
having jurisdiction in accordance with Chapter 3746-13 of the Administrative
Code, in the course of such previous or current management or operations. The
director may take into consideration whether substantial compliance has been
maintained with any applicable order from
the licensing
authority
a board of health maintaining a
program on the approved list and any other courts having jurisdiction.
(4) The person listed as operator
meets the requirements of division (L) of section 3734.02 of the Revised Code
and rules adopted thereunder.
(5)(4) The applicant meets
the requirements of sections
3734.42
3734.40
to
3734.44
of the Revised Code and rules adopted thereunder.
(5)
Disposal of
secondary aluminum waste will occur only in a monocell or monofill that has
been permitted for that purpose.
(B) Discretionary criteria. The director may
consider, when determining whether or not to approve a permit to install
application for the
industrial landfill or
residual
solid waste landfill facility, the
following:
(1) The impact the
proposed
establishment or modification of the industrial landfill or
residual
solid waste landfill
facility may have on corrective actions that have been taken, are presently
being taken, or are proposed to be taken at the facility or in the immediate
area.
(2) The technical ability of
the owner or operator to adequately monitor the impact of the
industrial landfill or residual
solid waste landfill facility on the
environment.
(3) The requirement for a separatory
liner system constructed in accordance with rule
3745-30-07
of the Administrative Code for a vertical expansion unless the expansion
area(s) are to be constructed over an authorized fill area that is underlain by
a composite liner or engineered liner previously approved by the director, and
a leachate collection system.
(C) Design criteria. The director shall not
approve a permit to install application unless the director determines that the
application conforms to the appropriate
paragraphs
sections
of rule
3745-30-07
of the Administrative Code as follows:
(1) New
industrial landfill or residual
solid waste landfill facilities and lateral
expansion areas shall comply with paragraphs (B)
to
(E)
, (C), and (D) of rule
3745-30-07
of the Administrative Code.
(2)
Vertical
At a
minimum, a vertical expansion
, as defined in
rule
3745-27-01 of the
Administrative Code, over the
industrial
landfill or residual
solid waste
landfill facility shall
, at a
minimum comply with paragraphs
(D)(4) to (D)
(7) (as applicable to the cap system), and paragraphs (D)(9) to
(D)(20)
(C)(4) to (C)(12) of rule
3745-30-07
of the Administrative Code.
Vertical
A vertical expansion below the
industrial landfill or residual
solid waste landfill facility shall comply
with paragraphs (B)
to (E)
, (C), and (D) of rule
3745-30-07
of the Administrative Code.
For a permit application
submitted after the effective date of this rule that includes a vertical
expansion over an authorized fill area, the expansion area shall be constructed
over either of the following:
(a)
A separatory liner system designed in accordance with
rule
3745-30-07
of the Administrative Code.
(b)
An authorized
fill area that is underlain by a liner system and leachate collection system
meeting the requirements established in rule
3745-30-07
of the Administrative Code.
(3) Applications for the residual
solid waste landfill facility submitted in response to divisions (A)(3) and
(A)(4) of section 3734.05 of the Revised Code shall comply with paragraphs (B),
(C), and (D) of rule
3745-30-07
of the Administrative Code, with the exception that filled areas of the
residual solid waste landfill facility shall, at a minimum, meet the
requirements in paragraphs (C)(4) to (C)(12) of rule
3745-30-07
of the Administrative Code.
(4)
(3)
Permit
A
permit to install
applications
application exclusively requesting a change in
technique of waste receipt,
or type of
waste received, or type of equipment used
,
need not comply with rule
3745-30-07
of the Administrative Code.
(5)
(4)
applications
A
permit to install application exclusively requesting a change in the
authorized maximum daily waste receipt
(AMDWR) and submitted pursuant to paragraph (E) of
this rule need not comply with rule
3745-30-07
of the Administrative Code.
(6)
(5) Other
modifications of the
industrial landfill or
residual
solid waste landfill facility, as
that term is defined in rule
3745-27-02 of
the Administrative Code
, shall comply with the
relevant
paragraphs
sections of rule
3745-30-07
of the Administrative Code.
(E) Additional criteria for authorized
maximum daily waste receipt
(AMDWR)
applications.
The
The director shall not
approve a permit to install application for a permanent change in the
AMDWR
Authorized
maximum daily waste receipt for the industrial
landfill or residual solid waste
landfill facility whose annual license fee is established pursuant to division
(A)(1) of section
3734.06
of the Revised Code, unless the owner or operator demonstrates that the
industrial landfill or residual
solid waste landfill facility can operate
in compliance with all applicable solid waste regulations while receiving the
requested maximum daily waste receipt. An
adequate
At a minimum, the demonstration
for the industrial landfill or residual
solid waste landfill facility
includes, but is not limited to,
shall include the following:
(1) An explanation of the overall facility
design including construction time frames and fill sequences for the
industrial landfill or residual
solid waste landfill facility.
(2) Operational criteria such as the
industrial landfill or residual
solid waste landfill facility's equipment
availability, cover availability, and manpower.
(3) If applicable, the owner's or operator's
previous compliance history throughout the life of the
industrial landfill or residual
solid waste landfill facility and the daily
logs for any period that the
industrial landfill
or residual
solid waste landfill
facility was out of compliance.
[Comment: An application for a temporary increase in the
AMDWR
authorized
daily waste receipt must satisfy the criteria specified in rule
3745-37-14
3745-501-75 of the Administrative Code.]
(G) Applicability of
siting criteria.
For
For the purposes of this
rule, an "authorized fill area" is an area within the limits of waste placement
of the industrial landfill or residual
solid waste landfill facility that is
authorized, by a permit(s)
permit to
install, plan approval, operational report, or other authorizing
document(s)
document to accept residual
solid waste
IMW as of the date of
submittal of the permit to install application for a lateral or vertical
expansion. A permit to install application for an
industrial landfill or residual landfill facility shall not be approved unless
the director determines that the application meets the criteria specified in
paragraph (H) of this rule, as follows:
The director shall not approve the
permit to install application for the residual solid waste landfill facility
unless the director determines that the application meets the criteria
specified in paragraph (H) of this rule, as follows:
(1) Call-in permits. The residual
solid waste landfill facility for which a permit to install application,
including any proposed lateral or vertical expansions, is submitted in response
to division (A)(3) or (A)(4) of section 3734.05 of the Revised Code, shall meet
all the criteria specified in paragraph (H) of this rule; however, the director
may approve the application for one or more noncontiguous areas which meet the
criteria specified in paragraph (H) of this rule, even though other areas do
not meet the criteria specified in paragraph (H) of this rule.
[Comment: The purpose of a call-in
permit is to upgrade a facility to the standards in Chapter 3745-30 of the
Administrative Code. The review of a callin permit should be distinguished from
a "voluntary" expansion, or AMDWR permit application. Since the call-in process
looks at the entire facility, including any expansions proposed in the call-in
application, a voluntary application which may be approvable by itself may not
be adequate when viewed in the context of the entire facility. It is the
applicant's option to submit voluntary vertical or lateral expansions with the
call-in application or to submit a voluntary application before the call-in
application.]
(2)
(1) Operation changes. A permit to install application
that exclusively proposes a substantial change in technique of waste receipt,
or type of waste received, or type of
equipment used at the
industrial landfill or
residual
solid waste landfill
facility
, need not comply with the criteria
specified in paragraph (H) of this rule.
(3)
(2)
AMDWR
Authorized maximum daily waste receipt increase. A
permit to install application
which
that exclusively proposes a change in the
AMDWR
Authorized
maximum daily waste receipt limit for the
industrial landfill or residual
solid waste landfill facility need not
comply with the criteria specified in paragraph (H) of this rule.
(4)
(3)
Other modification permits. A permit to install application that incorporates a
"modification
" of the
industrial
landfill or residual
solid waste
landfill facility
, as that term is defined in rule
3745-27-02 of
the Administrative Code, and the modification
that does not incorporate a capacity increase or
otherwise
extend
change the vertical or horizontal limits of waste
placement
,
or
incorporate a subsurface leachate storage structure or leachate lift
station need not comply with the criteria specified in paragraph (H) of
this rule.
(5)
(4) Vertical expansion. For the purposes of this rule,
a vertical expansion
, as defined in rule
3745-27-01 of the
Administrative Code, includes the proposed vertical expansion and all
waste within the vertical projection above or below the proposed vertical
expansion. When evaluating a proposed vertical expansion, the director shall
apply the following criteria:
(a)
All of the
The
criteria specified in paragraph (H) of this rule
, except for paragraph (H)(4) of this rule
(general setbacks).
[Comment: Paragraph (H)(4) of this
rule includes setbacks for natural areas, three hundred feet from facility
boundary, one thousand feet from domicile, and two hundred feet from surface
waters.]
(b)
The criteria specified below apply to
all
For the areas of the authorized fill
area that are contiguous to the proposed vertical expansion but that are not
directly above or below the proposed vertical expansion
, the following:
(i)
Paragraph (H)(1) of this rule (location in national
park, etc.).
(ii)
Paragraph (H)(2) of this rule
(ground water aquifer
system protection).
[Comment: Paragraph (H)(2) of this
rule includes protection standards for sand or gravel pits, limestone/sandstone
quarries, sole source aquifer system, one hundred gpm aquifer system, and
isolation distance.]
[Comment: See diagram No. 1
in appendix A to this rule. Vertical expansion permits seek a voluntary
vertical change in waste placement boundaries. A decision for final denial of a
voluntary vertical expansion permit application does not alter the current
authorizing document(s)
document for the facility. Filling may continue in the
authorized fill area in accordance with the applicable authorizing
document(s)
document.]
(6)
(5)
Proposed new landfill or lateral expansion.
A
A proposed new landfill or
lateral expansion of an existing landfill shall meet all of the criteria specified in paragraph (H) of
this rule; however, the
. The director may approve the application for one or
more noncontiguous areas proposed in the application which meet the criteria
specified in paragraph (H) of this rule, even though
if other
proposed areas do not meet the criteria specified in paragraph (H) of this
rule.
(7)
(6)
"Authorized
fill area
" that is contiguous or
noncontiguous to a proposed lateral expansion.
(a) Noncontiguous authorized fill area. When
evaluating a proposed lateral expansion, the criteria specified in paragraph
(H) of this rule do not apply to an authorized fill area that is noncontiguous
with the lateral expansion proposed in the permit to install application.
[Comment: In this situation,
the
For a permit to install application
proposes
proposing a lateral expansion of the facility that is
not contiguous to the currently permitted fill area
(the current
"Authorized fill area").
All
, all siting criteria
would apply to the "lateral expansion;"
and no siting
criteria would apply to the authorized fill area.
See diagram no. 2 in appendix A to this
rule.]
(b) Contiguous
authorized fill area. When evaluating a permit to install application that
includes a proposed contiguous new
unit
unit(s) without a vertical expansion above or below
some or all of the authorized fill areas,
the
following apply:
paragraphs (H)(1) and (H)(2)
of this rule apply to the authorized fill area contiguous with the new
unit.
[Comment: In the situation addressed
in this paragraph, the permit to install application proposes a lateral
expansion of the facility that is contiguous to the currently permitted fill
area (the "authorized fill area").
All siting criteria apply to the
"lateral expansion;" however, paragraphs (G)(7)(b)(i) and (G)(7)(b)(ii) of this
rule specify the criteria that apply to the authorized fill area. A final
denial decision on the voluntary proposed lateral expansion application does
not alter the approval to fill in the authorized fill area.]
(i) When evaluating a proposed
lateral expansion, the following criteria specified in paragraph (H) of this
rule do not apply to the authorized fill area contiguous with the lateral
expansion proposed in the permit to install application:
(a) Paragraph (H)(3) of this rule
(ground water setbacks).
(b) Paragraph (H)(4) of this rule
(general setbacks).
[Comment: Paragraph (H)(3) of this
rule includes setbacks for five year time of travel to public water supply
well, underground mines, and one thousand feet from water supply well.
Paragraph (H)(4) of this rule includes setbacks for natural areas, three
hundred feet from facility boundary, one thousand feet from domicile, and two
hundred feet from surface waters.]
(ii) When evaluating a proposed
lateral expansion, the following criteria always apply to the authorized fill
area contiguous to the lateral expansion in the permit to install
application:
(a) Paragraph (H)(1) of this rule
(location in national park, etc.).
(b) Paragraph (H)(2) of this rule
(ground water aquifer system protection).
[Comment: Paragraph (H)(2) includes
protection standards for sand or gravel pits, limestone/sandstone quarries,
sole source aquifer system, one hundred gpm aquifer system, and isolation
distance.]
(c)
Contiguous lateral expansion, authorized fill area, and vertical expansion.
When evaluating
For a permit to install application that includes a
proposed contiguous lateral expansion and
also
includes a vertical expansion above or below some or all of the
authorized fill area, the following apply:
(i)
Evaluate
For
the vertical expansion component of the permit to install application
,
in accordance
with paragraph
(G)(5)
(G)(4) of this rule
, and,
if it meets the criteria specified in paragraph (G)(5) of this rule,
then
.
(ii)
Evaluate
For the
proposed lateral expansion component of the permit to install application and
the authorized fill area
,
in accordance with paragraph
(G)(7)(b)
(G)(6)(b) of this rule.
[Comment: See diagram No. 3
in appendix A to this rule. If the vertical expansion component does not meet
the criteria specified in paragraph (G)(5)
(G)(4) of this
rule, then the applicant may consider revising the application to meet the
requirements specified in paragraph (G)(7)(b)
(G) (6)(b)
of this rule. A final denial decision on this voluntary permit does not alter
the filling approved in the authorized fill area.]
(H) Siting criteria.
The director will consider a permit to install
application for an industrial landfill or residual landfill facility in
accordance with paragraph (G) of this rule as follows:
(1) National parks, national recreation
areas, and state parks.
The
(a)
The limits
of solid waste placement are not located within one thousand feet of or within
any of the following areas, in existence on the date of receipt of the permit
to install application by Ohio EPA:
(a)
(i) National park or
recreation area.
(b)
(ii) Candidate area for potential inclusion in the
national park system.
(c)
(iii) State park or
established state park purchase area.
(iv)
Any property
that lies within the boundaries of a national park or national recreation area
but that has not been acquired or is not administered by the secretary of the
United States department of the interior.
(d)
(b)
Any property that lies within the boundaries of a
national park or recreation area but that has not been acquired or is not
administered by the secretary of the United States department of the
interior.
The
The one-thousand-foot
setback from the limits of solid waste placement does not apply if the
applicant obtains a written authorization prior to the
issuance date of the permit to install from the
owner(s)
owner
and the designated authority of the areas designated
identified
in paragraph (H) (1) of this rule to locate the limits of solid waste placement
within one thousand feet. Such authorizations must
be effective prior to the issuance date of the permit.
[Comment: Pursuant to division (M) of section
3734.02
of the Revised Code, the limits of solid waste placement cannot be located
within these
The areas identified in
paragraph (H)(1) of this rule.]
If
(c)
The
Paragraph (H)(1)(a) of this rule is not applicable to
an industrial or residual
solid waste
landfill facility
is located within a park
or recreation area
and
that exclusively disposes of wastes generated within
the park or recreation area
, this paragraph shall
not apply.
(2)
Ground water aquifer system protection.
(a)
Sand or gravel pit.
The limits of solid waste placement
of an industrial landfill or
The residual
solid waste landfill facility
is
and any
subsurface leachate storage structure or leachate lift station are not
located in a sand or gravel pit where the sand or gravel deposit has not been
completely removed. For the purposes of this paragraph,
a sand or gravel pit is an excavation resulting from a mining operation where
the removal of sand or gravel is undertaken for use in another location or for
commercial sale. This term does not include excavations of sand or gravel
resulting from the construction of the industrial landfill or residual landfill
facility.
For the purposes of this paragraph,
a sand or gravel pit is an excavation resulting from a mining operation where
the removal of sand or gravel is undertaken for use in another location or for
commercial sale. This term does not include excavations of sand or gravel
resulting from the construction of the residual solid waste landfill
facility.
(b)
Limestone or sandstone quarry.
The limits of waste
placement of an industrial landfill or
The residual
solid waste landfill facility
is
and any
subsurface leachate storage structure or leachate lift station are not
located in a limestone quarry or sandstone quarry. For
the purposes of this paragraph, a limestone or sandstone quarry is an
excavation resulting from a mining operation where limestone or sandstone is
the principal material excavated for use in another location or for commercial
sale. This term does not include excavations of limestone resulting from the
construction of the industrial landfill or residual landfill
facility.
For the purposes of this paragraph,
a limestone or sandstone quarry is an excavation resulting from a mining
operation where limestone or sandstone is the principal material excavated for
use in another location or for commercial sale. This term does not include
excavations of limestone resulting from the construction of the residual solid
waste landfill facility.
(c) Sole source aquifer.
The limits of solid waste placement of the industrial
landfill or
The residual
solid waste landfill facility
is
and any
subsurface leachate storage structure are not located above an aquifer
declared by the federal government under the Safe Drinking Water Act,
42
U.S.C 300f et. seq.
(2003), to be a sole source aquifer prior
to the date of receipt of the permit to install application by Ohio EPA.
(d) One hundred gallons per minute
(gpm) aquifer system.
The limits of solid waste
placement of the industrial landfill or
The residual
solid waste landfill facility
is
and any
subsurface leachate storage structure or leachate lift station are not
located above an unconsolidated aquifer system capable of sustaining a yield of
one hundred gpm
gallons per minute for a twenty-four-hour period
to an existing or future water supply well
located within one thousand feet of the limits of
residual solid waste
IMW placement or any
subsurface leachate storage structure or leachate lift station.
(e) Isolation distance.
The
The isolation distance
between the uppermost aquifer system and the bottom
basal elevation
of the recompacted soil
any liner system and the basal
elevation of any subsurface leachate storage structure shall
comply with
conform
to the following:
(i) For a
class III residual
solid waste landfill,
the distance shall not be less than five
feet
, without accounting for compression or
consolidation, of in-situ geologic material, or added geologic material
constructed in accordance with rule
3745-30-07
of the Administrative Code.
(ii) For a class II residual solid
waste landfill, the distance shall not be less than ten feet of in-situ
geologic material, or added geologic material constructed in accordance with
rule
3745-30-07
of the Administrative Code.
(iii)
(ii) For
an industrial
a class I
residual solid waste landfill,
the distance
shall not be less than fifteen feet
, without
accounting for compression or consolidation, of in-situ geologic material
or added geologic material constructed in accordance with rule
3745-30-07
of the Administrative Code.
(3) Ground water setbacks.
(a)
Five year time
of travel
Drinking water source protection area
for a public water supply using ground water.
The
The limits of solid waste
placement of The
an
industrial landfill or residual solid
waste landfill facility and any temporary
or permanent leachate ponds or lagoons
in-ground leachate storage structures are not located
within the surface and subsurface areas of either of
the following:
a drinking water source
protection area for a public water supply using ground water.
(i) Surrounding an existing or
proposed public water supply well through which contaminants may move toward
and may reach the public water supply well through underground geologic or
man-made pathways within a period of five years.
For the purposes of this paragraph,
a proposed public water supply well is a well for which plans have been
submitted to Ohio EPA for inclusion in a public water supply system on, or
before, the date the permit to install application was received by Ohio EPA and
for which a final denial has not been issued.
(ii) A wellhead protection area or a
drinking water source protection area for a public water system using ground
water.
For purposes of this paragraph a
wellhead protection area includes areas near or surrounding a public water
supply well or well field as delineated by the owner or operator of the public
water supply well or well field and endorsed by Ohio EPA.
For purposes of this paragraph, a
drinking water source protection area for a public water system using ground
water includes areas near or surrounding a public water supply well or well
field as delineated by Ohio EPA. For the purposes of this paragraph, the
prohibition against siting in a drinking water source protection area for a
public water system using ground water shall not be effective until a map of
the delineated area is sent by Ohio EPA and received by the owner or operator
of the relevant public water supply well or well field.
[Comment: Information on wellhead
protection areas and drinking water source protection area for a public water
system using ground water may be obtained from Ohio EPA's division of drinking
and ground waters.]
(b) Underground mine.
The limits of solid waste placement of the industrial
or
The residual
solid waste landfill facility
is
and any
above-ground leachate storage structure are not located within an area of
potential subsidence due to an underground mine or
within
. The area of potential subsidence due
to an underground mine is the area defined by the angle of draw
of an
, to be no
less than fifteen degrees, extending from the underground mine
in existence on the date of receipt of the permit to
install application by Ohio EPA unless the potential impact to the facility due
to subsidence is minimized
to where the angle
of draw intercepts the ground surface.
[Comment: Removal or filling of the mines is an acceptable
method for minimizing the potential for subsidence.]
(c) One thousand feet from water supply
well.
The
The limits of solid waste
placement and any subsurface leachate storage
structure are not located within one thousand feet of a water supply well
or a developed spring in existence on the date the permit to install
application was received by Ohio EPA,
. For the purposes of this paragraph, a developed spring is
any spring that has been permanently modified by the addition of pipes or a
collection basin to facilitate the collection and use of the spring
water.
unless
This paragraph is not applicable if one or more of the
following conditions are met:
(i) The
water supply well or developed spring is controlled by the applicant and
provided the following:
(a) The water supply
well or developed spring is needed as a source of nonpotable water in order to
meet the requirements of an approved permit or as a source of nonpotable water
used in a manufacturing process.
(b) No other reasonable
alternate
alternative water source is available.
(c) The water supply well or developed spring
is constructed to prevent contamination of the ground water.
(ii) The water supply well or
developed spring is
at least
not less than five hundred feet hydrogeologically
upgradient of the limits of
residual solid
waste
IMW placement and the applicant
demonstrates that the potential for migration of landfill gas to that well or
developed spring is minimized.
[Comment: If the applicant does not
meet the demonstration, then the water supply well or developed spring must be
located at least one thousand feet hydrogeologically upgradient of the limits
of solid waste placement.]
[Comment: Constructing a landfill with a bottom liner system or
an active gas management system is an acceptable means to minimize the
potential for gas migration.]
(iii) The water supply well or developed
spring is separated from the limits of
residual
solid waste
IMW placement by a
naturally occurring hydrogeologic
barrier.
(iv) The water supply well
or developed spring was constructed and is used solely for monitoring ground
water quality.
For the purposes of this paragraph,
a developed spring is any spring that has been permanently modified by the
addition of pipes or a collection basin to facilitate the collection and use of
the spring water.
(4) General setbacks.
(a) One thousand feet from natural areas.
The
The limits of solid waste
placement are not located within one thousand feet of the following, that are
in existence on the date of receipt of the permit to install application by
Ohio EPA:
(i) Areas designated by the
Ohio department of natural resources as either a state nature preserve
, including all lands dedicated under the Ohio
natural areas law, a state wildlife area, or a state wild, scenic
, or recreational river.
(ii) Areas designated, owned, and managed by
the Ohio
historical society
history
connection as a nature preserve.
(iii) Areas designated by the United States
department of the interior as either a national wildlife refuge or a national
wild, scenic
, or recreational river.
(iv) Areas designated by the United States
forest service as either a special interest area or a research natural area in
the Wayne national forest.
(v)
Stream segments designated by Ohio EPA as
either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat.
[Comments: Stream segments designated as state resource waters
may include some wetlands. Those wetlands that do not meet this designation are
addressed in paragraph (H)(4)(d) of this rule.]
(b) Three hundred feet from property line.
The
The limits of solid waste
placement and any leachate pond are not located
within three hundred feet of the industrial landfill
or residual solid waste landfill
facility's property line.
(c) One thousand feet from domicile.
For an industrial landfill or a
For residual
solid waste landfills
landfill facility
which
that dispose of
residual solid waste
IMW as identified in paragraph
(B)(3)
(I)(1)(c) of rule
3745-30-01 of the
Administrative Code but which are not owned by a generator who disposes
exclusively of residual solid waste
IMW generated on one or more premises owned by the
generator, the limits of solid waste placement are not located within one
thousand feet of a domicile, whose owner has not consented in writing to the
location of the industrial landfill or residual
solid waste landfill facility, in existence
on the date of receipt of the permit to install application by Ohio
EPA.
(d) Two hundred feet
from surface waters.
The
The limits of solid waste
placement and any subsurface leachate storage
structure are not located within two hundred feet of areas determined by
Ohio EPA or the United States army corps of engineers to be a stream, lake, or
wetland.
(5) The
residual solid waste landfill facility is not
located in a floodway, and the limits of solid waste placement and the
leachate management system of the
industrial landfill
or residual
solid waste
landfill facility are not located in a
regulatory flood plain.
[Comment: Pursuant to division (A)
or (G) of section 3734.02 of the Revised Code or rule
3745-30-15 of the
Administrative Code, an applicant may request an exemption or variance from any
of the siting criteria contained in this rule. However, pursuant to division
(M) of section 3734.02 of the Revised Code, the director shall not issue a
permit, variance or exemption that authorizes a new residual solid waste
landfill facility, or an expansion of an existing residual solid waste landfill
facility, within the boundaries of the areas indicated in paragraph (H)(1) of
this rule.]
[Comment: Pursuant to division (A) or
(G) of section
3734.02
of the Revised Code or rule
3745-30-15 of the
Administrative Code, an applicant may request an exemption or variance from any
of the siting criteria contained in this rule. However, pursuant to division
(M) of section
3734.02
of the Revised Code, the director shall not issue a permit, variance, or
exemption that authorizes a new industrial landfill or residual landfill
facility, or an expansion of an existing industrial landfill or residual
landfill facility, within the boundaries of the areas indicated in paragraph
(H)(1) of this rule.]
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