(A) General criteria. The director shall not
approve
any
a
permit to install application for a sanitary landfill facility unless the
director determines all of the following:
(1)
Establishment or modification and operation of the sanitary landfill facility
will not violate Chapter 3704., 3734., or 6111. of the Revised Code.
(2) The sanitary landfill facility will be
capable of being constructed, operated, closed, and maintained during the
post-closure care period in accordance with
Chapter
3745-27 of the Administrative Code
this
chapter, and with the terms and conditions of the permit.
(3) The applicant,
and/or the person(s)
or
person 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 of 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 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 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. Secondary
aluminum waste is defined in division (O) of section
3734.02 of the Revised
Code.
(B)
Discretionary criteria. The director may consider, when determining whether or
not to approve a permit to install application for a sanitary landfill
facility, the following:
(1) The impact the
establishment or modification of the sanitary landfill facility may have on
corrective measures 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 sanitary landfill facility on
the environment.
(C)
Design criteria. The director shall not approve a permit to install application
for any of the following unless the
director determines that the application conforms to the appropriate paragraphs
of rule
3745-27-08 of the Administrative
Code as follows:
(1) Proposed new
unit(s)
unit
of a new landfill or proposed new
unit(s)
unit
contiguous or noncontiguous to an existing landfill shall comply with
paragraphs (B)
, (C), and
to (D) of rule
3745-27-08 of the Administrative
Code.
[Comment: This requirement does not apply to
a new unit(s)
unit
designated on June 1, 1994 that are
is within a previously authorized fill area.
Construction in an existing unit and new unit(s)
unit
designated as of June 1, 1994, must be in accordance with the applicable
authorizing document(s)
document, including a plan approval, operational
report, and
or
permit to install. See paragraph (C) of rule
3745-27-19 of the Administrative
Code. Unfilled areas of an existing unit and new unit(s)
unit
designated as of June 1, 1994, and not provided with a bottom liner/leachate
collection system in accordance with paragraph (D) of rule
3745-27-08 of the Administrative
Code are subject to paragraph (C) of rule
3745-27-19 and paragraph (A) of
rule 3745-27-20 of the Administrative
Code.]
(2)
A
At a minimum,
a proposed vertical expansion
, as defined in
rule 3745-27-01 of the Administrative Code, shall
do
comply with
the following:
(a)
At a minimum, comply with paragraphs
If the expansion is above the authorized fill area of the
sanitary landfill facility, paragraphs (B)(1) (a) and (B)(1)(e) to
(B)(1)(h), paragraph (B)(2) as
required
applicable, paragraph (B)(3) as
relevant
applicable,
paragraphs
(C)(1)(c) and (C)(1) (d) as applicable, (C)(2) as applicable, paragraphs
(C)(4) to (C)(7), and paragraphs (D)(1) to (D)(3)
,
(D)(11), (D)(13)(b) to (D)(13)(d), and (D) (18) to
(D)(27)
(D)(25) of rule
3745-27-08 of the Administrative
Code
if the expansion is above the authorized fill
area(s) of the sanitary landfill facility.
(b)
At a minimum,
comply with paragraphs
Paragraphs (B)
, (C), and
to
(D) of rule
3745-27-08 of the Administrative
Code if the vertical expansion is below the authorized fill
area(s)
area
of the sanitary landfill facility.
[Comment: If a landfill is permitted to vertically expand below
a previously approved, but unfilled, area, that area must be constructed in
accordance with current rule requirements.]
(3) Vertical expansion construction. 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(s)
area
must
shall be
constructed over either of the following:
(a)
A separatory liner system constructed in accordance with rule
3745-27-08 of the Administrative
Code.
(b) An authorized fill area
that is underlain by a composite liner or engineered liner previously approved
by the director
, and a leachate collection
system.
(4) Applications for a sanitary
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 3745-27-08 of the Administrative Code, with the exception that
filled areas of the sanitary landfill facility shall, at a minimum, meet the
requirements of paragraphs (D)(1) to (D)(4), (D)(18) to (D) (23), and (D)(25)
to (D)(27) of rule 3745-27-08 of the Administrative Code.
(5)(4)
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
3745-27-08 of the Administrative
Code.
(6)(5)
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
3745-27-08 of the Administrative
Code.
(7)(6) Other modifications
of a sanitary landfill facility
, as that term is
defined in rule 3745-27-02 of the Administrative Code shall comply
with the
relevant
applicable paragraphs of rule
3745-27-08 of the Administrative
Code.
(D)
[Reserved.]
(E) Additional criteria
for authorized maximum daily waste receipt
(AMDWR) increase 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 sanitary landfill facility unless the
owner or operator demonstrates that the sanitary landfill facility can operate
in compliance with all applicable solid waste regulations while receiving the
requested maximum daily waste receipt. An
At a minimum, an adequate demonstration for a
sanitary landfill facility includes, but is not
limited to, the following:
(1) An explanation of the overall site design
including construction time frames and fill sequences for the sanitary landfill
facility.
(2) Operational criteria
such as the sanitary 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 sanitary landfill facility and the daily logs for any period
that the sanitary landfill facility was out of compliance.
[Comment: An application for a temporary increase in the
AMDWR
authorized
maximum daily waste receipt must satisfy the criteria specified in rule
3745-37-14 of the Administrative
Code.]
(F)
Applicability of location restriction demonstrations to
a proposed new
unit(s)
unit.
(1) Proposed new unit(s). For
a
A permit to install application for a
proposed new unit(s), the director
unit shall not approve the
permit to install application for the proposed new unit(s),
be approved unless the director determines that the
owner or operator has demonstrated compliance with the location restriction
demonstration requirements specified in rule
3745-27-20 of the Administrative
Code.
(2) The director shall not approve a
permit to install application submitted in accordance with divisions (A)(3) and
(A)(4) of section 3734.05 of the Revised Code unless the director determines
that the owner or operator has demonstrated that any unfilled areas of the
sanitary landfill facility comply with the location restriction demonstration
requirements specified in rule 3745-27-20 of the Administrative
Code.
(G)
Applicability of siting criteria.
The director shall
not approve the permit to install application for a sanitary landfill facility
unless the director determines that the application meets the criteria
specified in paragraph (H) of this rule. For
For the purposes of this
rule, an "authorized fill area" is an area within the limits of solid waste
placement of a sanitary landfill facility which
that is
authorized, by a permit(s)
permit to
install, plan approval, operational report, or other authorizing
document(s)
document to accept solid waste as of the date of
submittal of the permit to install application for a new unit.
Applicability of siting criteria is as
follows:
The director shall not approve the
permit to install application for a sanitary 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. A sanitary
landfill facility for which the permit to install application, including any
proposed new unit(s) and/or a proposed vertical expansion, is submitted in
response to division (A)(3) or (A)(4) 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 unit(s)
which meet the criteria specified in paragraph (H) of this rule, even though
other unit(s) 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 3745-27 of the
Administrative Code. The review of a call-in 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 sanitary 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 daily waste
receipt limit for the sanitary 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 sanitary 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 change the vertical or horizontal limits of waste placement
, 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 evaluation a proposed vertical expansion,
the director shall apply the following criteria:
(a)
All of
the
For the proposed vertical expansion and all
waste within the vertical projection above or below the proposed vertical
expansion, the criteria specified in paragraph (H) of this rule
,
apply except for
paragraph (H)(4) of this rule
(general
setbacks).
[Comment: Paragraph (H)(4) of this
rule includes setbacks for natural areas, 300 feet from facility boundary, 1000
feet from domicile, and 200 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
which
that are not directly above or below the proposed
vertical expansion
, the following apply:
(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) includes
protection standards for sand/gravel pits, limestone/sandstone quarries, sole
source aquifer system, one hundred gallons per minute (gpm) aquifer system, and
fifteen-foot separation distance.]
[Comment: See diagram no. 1
in appendix I of
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
unit(s)
unit.
A proposed
Proposed new
unit(s)
unit
of a sanitary landfill facility 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 proposed new
unit(s)
units
that meet the criteria specified in paragraph (H) of this rule, even
though
if
other proposed new unit(s)
units do not meet the criteria specified in paragraph
(H) of this rule.
[Comment: If a proposed new unit(s)
unit is an
expansion to the authorized fill area of an existing landfill, see paragraph
(G)(7)
(G)(6)
of this rule for the applicability of siting criteria to the authorized fill
area of the existing landfill.]
(7)(6)
"Authorized fill area
," that is contiguous or noncontiguous to a
proposed new
unit(s)
unit.
(a)
Noncontiguous authorized fill area. When evaluating a proposed new
unit(s)
unit, the criteria specified in paragraph (H) of this
rule do not apply to an authorized fill area that is noncontiguous with the new
unit(s)
unit
proposed in the permit to install application.
[Comment: In this situation,
the
For a permit to install application
proposes
proposing a "new
unit" (lateral expansion area) of
at 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 "new unit;"
and no siting criteria would apply to the authorized fill area. See diagram
no. 2 in appendix I
of
to this
rule.]
(b) Contiguous
authorized fill area.
When evaluating
For a permit to install application that includes a
proposed contiguous new
unit(s)
unit 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 to the new unit.
[Comment: In the situation addressed
in this paragraph, the permit to install application proposes a "new unit"
(lateral expansion area) of the facility that is contiguous to the currently
permitted fill area (the "authorized fill area"). All siting criteria apply to
the "new unit;" 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 new unit(s) application does not alter the
approval to fill in the authorized fill area.]
(i) When evaluating a proposed new
unit(s), the following criteria specified in paragraph (H) of this rule do not
apply to the authorized fill area contiguous with the new unit(s) 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 proposed new
unit(s), the following criteria always apply to the authorized fill area
contiguous to the new unit(s) 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) of this
rule includes protection standards for sand/gravel pits, limestone/sandstone
quarries, sole source aquifer system, one hundred gpm aquifer system, and
fifteen foot separation distance.]
(c) Contiguous new unit, authorized fill
area, and vertical expansion.
When
evaluating
For a permit to install
application that includes a proposed contiguous new
unit(s)
unit 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 new
unit(s)
unit component of the permit to install application
and the authorized fill area
,
in accordance with paragraph
(G)(6)
(G)(5)
of this rule.
[Comment: See diagram no. 3
in appendix I of
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.
(1) National parks, national
recreation areas, and state parks.
The
(a)
The limits
of solid waste placement of the sanitary landfill facility 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 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 shall not apply to a sanitary 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 the
The sanitary 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 sanitary 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 or sand or gravel
resulting from the construction of the sanitary landfill
facility.
(b)
Limestone or sandstone quarry.
The
The
limits of solid waste placement of the sanitary
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 excavation of
limestone resulting from the construction of the sanitary 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
excavation of limestone resulting from the construction of the sanitary
landfill facility.
(c) Sole source aquifer.
The limits of solid waste placement of the
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station 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
The sanitary 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 solid waste
placement of the sanitary landfill
facility
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
of the recompacted soil liner of a sanitary landfill facility is
following are not less than fifteen feet, without accounting for compression or consolidation,
of in-situ or added geologic material constructed in accordance with rule
3745-27-08 of the Administrative
Code.
:
(i)
The basal
elevation of the liner system.
(ii)
The basal
elevation of any subsurface leachate storage structure or leachate lift
station.
(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 sanitary landfill facility and any temporary or permanent
subsurface leachate ponds
storage structure
or lagoons
leachate lift station 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 the 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 a 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
The sanitary landfill
facility is
and any
subsurface leachate storage structure or leachate lift station are not
located within an area of potential subsidence due to an underground mine
in existence on the date of receipt of the permit to
install application by Ohio EPA unless the potential impact due to subsidence
is minimized. The area of potential subsidence due to an underground mine is
the area defined by
or within the
angle of draw of an
, 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. The angle of draw shall not be less than
fifteen degrees.
[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 of the sanitary landfill facility and any
subsurface leachate storage structure or leachate lift station 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 does not apply if one or more of the following conditions are
met:
(i) The water supply well or
developed spring is controlled by the owner or operator of the sanitary
landfill facility 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
the approved permit.
(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 solid waste placement of the sanitary landfill
facility 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 limits of solid waste placement must be
located at least one thousand feet hydrogeologically downgradient of the water
supply well or developed spring.]
[Comment: Constructing a landfill with a composite bottom liner
system or an active gas management system is
an
are acceptable means to minimize the
potential for gas migration.]
(iii) The water supply well or developed
spring is separated from the limits of solid waste placement of the sanitary
landfill facility 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 of the sanitary landfill facility are not located with 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.
[Comment: 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 of the sanitary landfill facility and any
leachate pond are not located with three hundred feet of the sanitary
landfill facility's property line.
(c) One thousand feet from domicile.
The
The limits of solid waste
placement of the sanitary landfill facility are not located within one thousand
feet of a domicile, whose owner has not consented in writing to the location of
the sanitary 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 of the sanitary landfill facility 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.
[Comment: Pursuant to division (A)
or (G) of section 3734.02 of the Revised Code, an applicant may request a
variance or exemption 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
sanitary landfill facility, or an expansion of an existing sanitary landfill
facility, within the boundaries of the areas indicated in paragraph (H)(1) of
this rule.]
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