(A) Isolation distances. Except as provided
in paragraphs (B) to (E) of this rule, the minimum isolation distances in table
A-1 of this rule shall be maintained.
[Comment: Isolation
distances. In the case of any reference to any building, the
measurement shall be taken from the outside wall of the building. In the case
of any reference to a treatment works or a component of the treatment works or
a pump station, the measurement shall be taken from the closest point on the
perimeter of the treatment works, the component of the treatment works, or the
pump station. In the case of any reference to an earthen lagoon or storage
facility, the measurement shall be taken from the outer bank or the toe of the
earthen impoundment.]
Table A-1: Isolation distance requirements.
|
Component of disposal system
|
Minimum isolation distance required from an occupied
building
|
Minimum isolation distance required from surface waters
of the state
|
|
Earthen impoundment that contains sewage or treated
sewage
|
Three hundred feet
|
Three hundred feet
|
|
Earthen impoundment that contains industrial waste,
other than industrial waste generated from the recovery of any natural
resource, such as a quarry mining operation
|
Three hundred feet
|
Three hundred feet
|
|
Sewage sludge drying bed
|
Three hundred feet
|
Three hundred feet
|
|
Covered sand filter
|
One hundred fifty feet
|
Three hundred feet
|
|
Housing or building enclosure for extended aeration
treatment works
|
One hundred fifty feet
|
One hundred fifty feet
|
|
Pump station
|
Fifty feet
|
Thirty-five feet
|
|
Any other component of a treatment works, not including
(1) a disposal field, (2) a land application area or (3) a wet weather
management facility for treating combined sewer overflows or sanitary sewer
overflows
|
Two hundred feet
|
Three hundred feet
|
(B)
After considering either the potential impacts to neighboring buildings or
prevailing wind directions, the director may increase an isolation distance set
forth in table A-1 of this rule or require mitigative measures such as
additional freeboard, landscape mounds, fencing, trees or other means to reduce
the impacts
in the following situations:
[Comment: Potential impacts to
neighboring buildings could include odors or the probability that either an
overflow or a breach could inundate neighboring buildings, causing harm to
life, health or property. Applicants proposing to construct above ground
impoundments should also contact the Ohio department of natural resources
division of dam safety. Their web page is:
http://www.dnr.state.oh.us/safety/default/ tabid/3329/Default.aspx
.]
(1) Within a permit,
including but not limited to a general permit to install or a storm water
permit. Where a greater isolation distance requirement exists as a condition of
a permit, the greater isolation distance requirement shall prevail
; or
.
(2) To protect the following from potential
impacts from a wastewater treatment works with a design flow of more than one
hundred thousand gallons per day or from any non-aerated treatment lagoon:
(a) A high density development
;
.
[Comment: A high density development includes a residential
development of homes or condominiums, a commercial development, such as a
shopping mall, or a business park development.]
(b) A day care facility
;
.
(d) Waters of the state.
[Comment: Potential impacts to
neighboring buildings could include odors or the probability that either an
overflow or a breach could inundate neighboring buildings, causing harm to
life, health or property. Applicants proposing to construct above ground
impoundments should also contact the Ohio department of natural resources
division of dam safety. The web page is:
http://water.ohiodnr.gov/safety/dam-safety. ]
(C)For the construction
of any new disposal system after
the effective date
of this rule
September 1, 2009, the
director may reduce any minimum isolation distance in table A-1 of this rule
if
under the
following situations:
(1) For any
request to reduce an isolation distance from an occupied building, the
applicant can demonstrate to the director
both of the
following:
(a) That by taking into
account prevailing wind directions, screening, or other means of noise and odor
control, that any component of a disposal system will not negatively impact a
neighboring building, public health or the environment
; and
.
(b) That the general public that is located
within the disposal system service area has been notified of the proposed
reduced isolation distances and has been given an opportunity to view the
proposal and comment. All comments shall be forwarded to the director or an
authorized representative for
their
consideration
; or
.
(2) For any request to reduce an isolation
distance from waters of the state, the applicant can demonstrate to the
director
all of the following:
(a) That there is a technical or financial
hardship in implementing a minimum isolation distance
;
.
(b) That there are no other viable
options
; and
.
(c) That
the general public that is located within the disposal system service area has
been notified of the proposed reduced isolation distances and has been given an
opportunity to view the proposal and comment. All comments shall be forwarded
to the director or an authorized representative for their
consideration.
(D) For any disposal system constructed prior
to
the effective date of this rule
September 1, 2009 and proposed to be modified after
the
effective date of this rule
September 1, 2009, smaller isolation distances will be
allowed, provided the applicant provides documentation that meeting the
isolation distances in paragraphs (A) and (B) of this rule would impede the
function of the existing disposal system or cause the applicant to incur more
cost. To protect public health or the environment from a significant threat,
the director may require other mitigative measures, such as additional
freeboard, landscape mounds, fencing, trees or other means to reduce the
impacts when smaller isolation distances are allowed.
(E) For any disposal system constructed prior
to
the effective date of this rule
September 1, 2009, to protect public health or the
environment, the director may require other mitigative measures when isolation
distances smaller than those listed in table A-1 of this rule exist. For
example, mitigative measures could be required as a result of documented odor
complaints or a breach or overflow that caused harm to life, health or
property.
Notes
Ohio Admin. Code
3745-42-08
Effective:
2/23/2018
Five Year Review (FYR) Dates:
10/11/2017 and
02/23/2023
Promulgated
Under: 119.03
Statutory
Authority: 6111.03
Rule
Amplifies: 6111.03,
6111.44,
6111.45,
6111.46
Prior
Effective Dates: 12/1/2005, 9/1/2009
