(B) No portion of a construction and
demolition debris facility shall be located in either of the following
locations:
(1) Within the boundaries of the
one-hundred-year
one
hundred year flood plain of a watercourse, as those boundaries are shown
on the applicable maps prepared under the "National Flood Insurance Act of
1968," 82 Stat.
572, 42
U.S.C.
4001, unless the owner or operator has
obtained an exemption from the licensing authority in accordance with paragraph
(D)(2) of rule
3745-400-15 of the
Administrative Code. With respect to watercourses or portions thereof for which
no such maps have been prepared, the boundaries of the
one-hundred-year
one
hundred year flood plain shall be determined by the applicant for a
license based upon a design storm of seven inches of precipitation in
twenty-four hours and upon standard methodologies set forth in "Urban Hydrology
for Small Watersheds"
(Soil Conservation Service
Technical Release Number 55) and Section 4 of the "National
Engineering Hydrology Handbook
."
of the Soil Conservation Service of the United
States department of agriculture.
[Comment: Note that the above-mentioned maps also include flood
plains not associated with a watercourse. Location in such flood plains is not
prohibited by this rule. However there may be other authorities, such as the
federal emergency management agency, that may otherwise restrict a facility
from locating in a flood plain.]
(2) Within the boundaries of a sole source
aquifer designated by the Administrator of the United States environmental
protection agency under the "Safe Drinking Water Act," 88 Stat.
1660,
42 U.S.C.
300F.
[Comment: For facilities established after September 30, 1996,
an exemption to the provisions of paragraph (B)(1) of this rule may be granted
through paragraph (D)(2) of rule
3745-400-15 of the
Administrative Code. No exemptions can be granted from the provisions of
paragraph (B)(2) of this rule in accordance with section
3714.04 of the Revised
Code.]
(3) Incorporation by
reference. The text of the incorporated materials is not included in this rule
and is hereby made a part of this rule. Only the specific version specified in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version.
The materials incorporated by reference are
available as follows
The availability of these
documents is provided in this paragraph; however, many of the documents are
also available for inspection and copying at most public libraries and "The
State Library of Ohio." As used in this rule:
(a) Federal statutes. The full text
is available in electronic format at http://www.gpo.gov/fdsys. These laws are
also available for inspection and copying at most public libraries and "The
State Library of Ohio." As used in this rule:
(i) "Safe Drinking Water Act;" 88
Stat. 1660, 42 U.S.C. 300F; amended January 7, 2011.
(ii) "National Flood Insurance Act
of 1968;" 82 Stat. 572, 42 U.S.C. 4001; amended January 7,
2011.
(b) Other publications. The
availability of these documents is provided below; however, many of the
documents are also available for inspection and copying at most public
libraries and "The State Library of Ohio." As used in this
rule:
(i)(a) "National Hydrology
Engineering Handbook," included in the United States department of agriculture,
natural resources conservation service publication, "National Engineering
Handbook," updated
May 2012. Section four
updated March
1993
2020. The full
text is available in electronic format at
http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/water/?=stelprdb1043063https://directives.sc.egov.usda.gov/viewerfs.aspx?hid=21422.
(ii)(b)
United States department of agriculture, natural resources conservation service
technical release number 55, "Urban Hydrology for Small Watersheds," updated
June 1986. The full text is available in electronic format at
ftp://ftp.wcc.nrcs.usda.gov/wntsc/H&H/other/TR55documentation.pdfhttps://www.nrc.gov/docs/ML1421/ML14219A437.pdf.
