Current through September 17, 2024
New fossil fuel combustion ash disposal areas and lateral expansions of
existing fossil fuel combustion ash disposal areas shall be located in
accordance with the standards as described in this section. The application
shall include documentation verifying that the fossil fuel combustion ash
disposal area complies with the following.
002.01 A fossil fuel combustion ash disposal
area shall not be located in an area where the Department finds that the solid
waste activities will have a detrimental effect on the waters of the state
based on the following criteria:
002.01A
Current and projected use of water resources in the potential zone of influence
of the site;
002.01B Ground water
elevation and proposed separation between the lowest point of the lowest cell
and the predicted maximum water table elevation; areas having high ground water
tables may be restricted to landfill operations which will maintain a safe
vertical distance between deposited refuse and the maximum water table
elevation;
002.01C Potential
interrelationship of the local aquifers, and surface waters based on historical
records or other sources of information; and
002.01D Background and initial quality of
water resources in the potential zone of influence of the site.
002.02 The application shall
include, a description of the:
002.02A Soil
and bedrock to a depth adequate to allow evaluation of the water quality
protection provided by the soil and bedrock;
002.02B Potential for leachate generation,
and of pollution of the waters of the state;
002.02C Ground water condition, including
ground water flow below and adjacent to the proposed facility, with an
appraisal of the effect of the facility on ground water and surface
waters;
002.02D Name of and
distance to nearby surface waters; and
002.02E Land use and population density of
the proposed facility and of the area surrounding the facility within one mile
of the facility boundaries.
002.03 No person shall locate a fossil fuel
combustion ash disposal area within one thousand (1,000) feet from the nearest
edge of an existing right-of-way of any state, interstate or federal highway
unless the active area is screened by natural objects, plantings, fences, or
other appropriate means so as to not be visible from such highway.
002.04 Floodplains
A new fossil fuel combustion ash disposal area, or a lateral or
vertical expansion of these facilities, shall not be located in a 100-year
flood plain, unless the owner or operator can demonstrate that the disposal
area will not restrict the flow of the 100-year flood, reduce the temporary
water storage capacity of the floodplain, or result in washout of solid waste
so as to pose a hazard to human health and the environment.
002.05 Wetlands
A new fossil fuel combustion ash disposal area or lateral expansion
shall not be located in wetlands.
002.06 Unstable areas
An owner or operator of a new fossil fuel combustion ash disposal
area, existing fossil fuel combustion ash disposal area, or lateral expansion
located in an unstable area shall demonstrate in the permit application that
engineering measures have been incorporated into the facility's design to
ensure that the integrity of the containment systems of a fossil fuel
combustion ash disposal area will not be disrupted.
002.06A An owner or operator shall consider
the following factors, at a minimum, when determining whether an area is
unstable:
002.06A1 On-site or local soil
conditions that may result in significant differential settling;
002.06A2 On-site or local geologic or
geomorphologic features; and
002.06A3 On-site or local human-made features
or events, both surface and subsurface.
002.06A4 For purposes of this section,
002.06A4(a) "Unstable area" shall mean a
location that is susceptible to natural or human-induced events or forces
capable of impairing the integrity of some or all of the facility structural
components responsible for preventing releases from the facility. This term may
include poor foundation conditions, areas susceptible to mass movements, and
Karst terranes.
002.06A4(b) "Poor
foundation conditions" shall mean those areas where features exist which
indicate that a natural or human-induced event may result in inadequate
foundation support for the structural components of a solid waste management
facility.
002.06A4(c) "Areas
susceptible to mass movements" shall mean those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement)
where the movement of earth material at, beneath, or adjacent to the solid
waste management facility, because of natural or human-induced events, results
in the down slope transport of soil and rock material by means of gravitational
influence.
002.06A4(c)(1) Areas of mass
movement include, but are not limited to, landslides, avalanches, debris slides
and flows, soil fluction, block sliding, and rock fall.
002.06A4(d) "Karst terranes" shall mean areas
where karst topography, with its characteristic surface and subterranean
features, is developed as the result of dissolution of limestone, dolomite, or
other soluble rock. Characteristic physiographic features present in karst
terranes include, but are not limited to, sinkholes, sinking streams, caves,
large springs, and blind valleys.
