(A) The primary
emphasis in disposal site suitability is given to isolation of wastes, a matter
having long-term impacts, and to disposal site features that ensure that the
long-term performance objectives are met, as opposed to short-term convenience
or benefits.
(1) Suitable disposal site
features shall include the following items.
(a) The disposal site shall be capable of
being characterized, modeled, analyzed and monitored.
(b) Within the region where the facility will
be located, a disposal site should be selected so that projected population
growth and future developments are not likely to affect the ability of the
disposal facility to meet the performance objectives of this rule.
(c) Areas shall be avoided having known
natural resources that, if exploited, could result in failure to meet the
performance objectives of this rule.
(d) The disposal site shall be generally well
drained and free of areas of flooding or frequent ponding. The disposal site
shall not be located in a one hundred year flood plain, coastal high-hazard
area, or wetland, as defined in Federal Executive Order 11988, "Floodplain
Management Guidelines." The disposal units shall be designed and constructed to
be outside the five hundred year floodplain.
(e) Upstream drainage areas shall be
minimized to decrease the amount of runoff that could erode or inundate waste
disposal units.
(f) The disposal
site shall provide sufficient depth to the water table that ground water
intrusion, perennial or otherwise, into the waste will not occur.
(g) The hydrogeologic unit used for disposal
shall not discharge groundwater to the surface within the disposal site. The
soil or rock layers immediately beneath the facility, but above the water table
shall have good vertical drainage or be engineered to have good drainage to
prevent water from ponding around the base of the facility. The shallowest
hydrogeologic unit beneath the facility shall not discharge perennially to the
site.
(h) Areas shall be avoided
where tectonic processes such as faulting, folding, seismic activity, or
vulcanization may occur with such frequency and extent that it may
significantly affect the ability of the disposal site to meet the performance
objectives of this rule or may preclude defensible modeling and prediction of
long-term impacts.
(i) Areas should
be avoided where surface geologic processes such as mass wasting, erosion,
slumping, landsliding, or weathering occur with such frequency and extent that
it may significantly affect the ability of the disposal site to meet the
performance objectives of this rule, or may preclude defensible modeling and
prediction of long-term impacts.
(j) The disposal site must not be located
where nearby facilities or activities could affect the ability of the site to
meet the performance objectives of this rule or mask the environmental
monitoring program.
(2)
Additional exclusionary criteria include prohibiting a site from having any of
the following features listed in this paragraph.
(a) The disposal units shall not be located
within one kilometer (0.62 miles) of any of the following:
(i) Any area designated by the United States
department of the interior as a national park or recreation area or national
monument;
(ii) Any area designated
by the United States department of the interior as a national wildlife refuge
or a national wild and scenic river;
(iii) Any area designated by the forest
service in the United States department of agriculture as a special interest
area or a research natural area in the Wayne national forest;
(iv) Any area designated by the department of
natural resources as a state park or state park purchase area under Chapter
1541. of the Revised Code;
(v) The
Shawnee wilderness area as designated under section
1503.43
of the Revised Code, any area dedicated by the department of natural resources
as a state nature preserve under Chapter 1517. of the Revised Code, any area
established as a wildlife area under Chapter 1531. of the Revised Code and
rules adopted under it, or a wild, scenic, or recreational river area
established by the department under section
1517.14
of the Revised Code;
(vi) An area
designated as an archeological or historic site in the national register of
historic places under the "National Historic Preservation Act" 80 Stat. 915 to
919 (1966),
16 U.S.C.
470.
(vii) This chapter applies to land dedicated
for any use specified in it on or before the effective date of section 3747.12
of the Revised Code (September 8, 1995).
(b) The disposal site shall not be located
within the Lake Erie coastal area, as "coastal area" is defined in section
1506.01
of the Revised Code.
(c) The
disposal site shall not be located where activities related to the development,
construction, operation, closure, institutional control, or long-term care of
the facility would result in the elimination at the site of endangered or
threatened plant or animal species identified under federal law or in rules
adopted under section
1518.01
or section
1531.25
of the Revised Code.
(d) The
disposal site shall not contain any wetlands, as defined in
40
C.F.R. 230.3
(as in effect on the effective date of this
rule), or lakes unless they can be declassified.
(e) The disposal site shall not be located in
any of the following:
(i) An area likely to
experience ground motions with a horizontal acceleration greater than twenty
per cent of gravity in rock with a ninety per cent probability of not being
exceeded in two hundred fifty years, as defined by currently available seismic
risk evaluation procedures; or
(ii)
An area with frequent earthquake activity.
(f) The disposal site shall not be located in
an area of known or probable subsidence caused by an operating underground mine
in existence at the time the disposal site is being characterized or by an
abandoned underground mine.
(g) The
disposal site shall not contain areas of steeply sloping topography or areas
underlain by unconsolidated or bedrock geological units known to be susceptible
to mass movement or land failure, such as landsliding or liquefaction, and
where "steeply sloping topography" means a slope greater than twenty
degrees.
(h) The disposal site
shall not be located in areas of known or probable karst.
(i) The disposal site shall not be located
over a sole source aquifer or within an endorsed wellhead protection area as
defined by the state wellhead protection program established pursuant to
Chapter 6109. and Chapter 6111. of the Revised Code.
(j) The disposal site shall not be located
above an aquifer capable of sustaining a yield of one hundred gallons per
minute of potable water for a twenty-four hour period to a water supply well
located within one thousand feet of the disposal site.
(k) The use of shallow land burial, caverns,
mines, or wells shall not be used as disposal techniques at the
facility.