(A) Paragraph (B)
of this rule does not apply to a facility operating or under construction on
July 24, 1990, the effective date of section
3714.06 of the Revised Code, or
to the expansion of such facility onto contiguous land owned by the facility
owner or operator on the date the initial license application for the facility
was submitted to the licensing authority.
(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 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.A.
U.S.C. 4001,
as
amended, unless the owner or operator has obtained an exemption from
the licensing authority in accordance with paragraph (
C
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 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
local zoning boards or 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.A.
U.S.C. 300F
, as
amended.
[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:
(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:
Notes
Ohio Admin. Code 3745-400-06
Effective:
1/1/2017
Five Year Review (FYR) Dates:
03/10/2016 and
01/01/2022
Promulgated
Under: 119.03
Statutory
Authority: 3714.02
Rule
Amplifies: 3714.02,
3714.03
Prior
Effective Dates: 9/30/1996, 8/31/2002