(A) Seismic considerations.
(1) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted shall not
be located within sixty-one meters (two hundred feet) of a fault which has had
displacement in Holocene time.
(2)
As used in paragraph (A)(1) of this rule:
(a)
"Fault" means a fracture along which rocks on one side have been displaced with
respect to those on the other side.
(b) "Displacement" means the relative
movement of any two sides of a fault measured in any direction.
(c) "Holocene" means the most recent epoch of
the Quaternary period, extending from the end of the Pleistocene to the
present.
[Comment: Procedures for demonstrating compliance with this
standard in the hazardous waste permit application are specified in paragraphs
(A)(11) to (A)(11)(e) of rule
3745-50-44
of the Administrative Code. Facilities located in political jurisdictions other
than those listed in 40 CFR Part 264 appendix VI are assumed to be in
compliance with this requirement.]
(B) Floodplains.
(1) A facility located in a one-hundred-year
floodplain shall be designed, constructed, operated, and maintained to prevent
washout of any hazardous waste by a one-hundred-year flood unless the owner or
operator can demonstrate in the permit application that:
(a) Procedures are in effect which will cause
the waste to be removed safely, before flood waters can reach the facility, to
a location where the wastes will not be vulnerable to floodwaters; or
(b) For existing surface impoundments, waste
piles, land treatment units, landfills, and miscellaneous units, no adverse
effects on human health or the environment will result if washout occurs,
considering:
(i) The volume and physical and
chemical characteristics of the waste in the facility;
(ii) The concentration of hazardous
constituents that would potentially affect surface waters as a result of
washout;
(iii) The impact of such
concentrations on the current or potential uses of and water quality standards
established for the affected surface waters; and
(iv) The impact of hazardous constituents on
the sediments of affected surface waters or the soils of the one-hundred-year
floodplain that could result from washout.
[Comment: The location where wastes are moved shall be a
facility which is either permitted by the state of Ohio, authorized to manage
hazardous waste by a state with a hazardous waste management program authorized
under 40 CFR Part 271 , or subject to rules
3745-50-40
to
3745-50-235
and Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code.]
(2) As used in paragraph (B)(1) of this rule:
(a) "One-hundred-year floodplain" means any
land area which is subject to a one per cent or greater chance of flooding in
any given year from any source.
(b)
"Washout" means the movement of hazardous waste from the active portion of the
facility as a result of flooding.
(c) "One-hundred-year flood" means a flood
that has a one per cent chance of being equalled or exceeded in any given year.
[Comment: Requirements pertaining to other federal laws which
affect the location and permitting of facilities are in
40 CFR
270.3. For details relative to these laws,
see U.S. EPA's manual for SEA (Special Environmental Area) requirements for
hazardous waste facility permits. Though U.S. EPA is responsible for complying
with these requirements, applicants are advised to consider
them
these
requirements in planning the location of a facility to help prevent
subsequent project delays.]
(C) Salt dome formations, salt bed
formations, underground mines, and caves. The placement of any noncontainerized
or bulk liquid hazardous waste in any salt dome formation, salt bed formation,
underground mine, or cave is prohibited.
[Comment 1: There are additional requirements for location of
hazardous waste facilities in division (D) of section
3734.05 of
the Revised Code.]
[Comment 2: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule
3745-50-11
of the Administrative Code titled "Incorporated by reference."]
Notes
Ohio Admin. Code
3745-54-18
Effective:
9/29/2021
Five Year Review (FYR) Dates:
6/7/2021 and
06/05/2026
Promulgated
Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 01/07/1983, 12/30/1989, 02/14/1995,
12/07/2000, 12/07/2004, 02/16/2009,
10/31/2015
