Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-06 - Prohibited locations for construction and demolition debris facilities

Current through all regulations passed and filed through July 1, 2024
(A) Paragraph (B)
			 of this rule does not apply to a facility operating or under construction on
			 July 24, 1990, the effective date of section
			 3714.06 of the Revised Code, or
			 to the expansion of such facility onto contiguous land owned by the facility
			 owner or operator on the date the initial license application for the facility
			 was submitted to the licensing authority.
(B) No portion of a construction and
			 demolition debris facility shall be located in either of the following
			 locations:
(1) Within the boundaries of the
			 one-hundred-year flood plain of a watercourse, as those boundaries are shown on
			 the applicable maps prepared under the "National Flood Insurance Act of 1968,"
			 82 Stat. 572, 42 U.S.C. 4001,  unless the owner or operator has obtained an exemption from
			 the licensing authority in accordance with paragraph (D)(2) of rule
			 3745-400-15
			 of the Administrative Code. With respect to watercourses or portions thereof
			 for which no such maps have been prepared, the boundaries of the
			 one-hundred-year flood plain shall be determined by the applicant for a license
			 based upon a design storm of seven inches of precipitation in twenty-four hours
			 and upon standard methodologies set forth in "Urban Hydrology for Small
			 Watersheds" (Soil Conservation Service Technical Release Number 55) and Section
			 4 of the "National Engineering Hydrology Handbook" of the Soil Conservation
			 Service of the United States department of agriculture.
[Comment: Note that the above-mentioned maps also include flood
				plains not associated with a watercourse. Location in such flood plains is not
				prohibited by this rule. However there may be other authorities, such as
				 the federal
				emergency management agency, that may otherwise restrict a facility from
				locating in a flood plain.]
(2) Within the boundaries of a sole source
			 aquifer designated by the Administrator of the United States environmental
			 protection agency under the "Safe Drinking Water Act," 88 Stat. 1660, 42
			 U.S.C. 300F.
[Comment: For facilities established after September 30, 1996,
				an exemption to the provisions of paragraph (B)(1) of this rule may be granted
				through paragraph (D)(2) of rule
				3745-400-15
				of the Administrative Code. No exemptions can be granted from the provisions of
				paragraph (B)(2) of this rule in accordance with section
				3714.04 of the Revised
				Code.]
(3)
									Incorporation by reference. The text of the
			 incorporated materials is not included in this rule and is hereby made a part
			 of this rule. Only the specific version specified in this rule is incorporated.
			 Any amendment or revision to a referenced document is not incorporated until
			 this rule has been amended to specify the new version. The materials
			 incorporated by reference are available as follows:
(a)
										Federal statutes.
			 The full text is available in electronic format at http://www.gpo.gov/fdsys.
			 These laws are also available for inspection and copying at most public
			 libraries and "The State Library of Ohio." As used in this rule:
(i)
											"Safe Drinking
			 Water Act"; 88 Stat. 1660,
			 42
			 U.S.C. 300F; amended January 7,
			 2011.
(ii)
											"National Flood Insurance Act of 1968"; 82 Stat. 572,
			 42 U.S.C.
			 4001; amended January 7,
			 2011.
(b)
										Other publications. The availability of these documents
			 is provided below; however, many of the documents are also available for
			 inspection and copying at most public libraries and "The State Library of
			 Ohio." As used in this rule:
(i)
											"National Hydrology Engineering Handbook," included in
			 the United States department of agriculture, natural resources conservation
			 service publication, "National Engineering Handbook," updated May 2012. Section
			 four updated March 1993. The full text is available in electronic format at
http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/water/?&cid=stelprdb1043063
.
(ii)
											United States department of agriculture, natural
			 resources conservation service technical release number 55, "Urban Hydrology
			 for Small Watersheds," updated June 1986. The full text is available in
			 electronic format at
ftp://ftp.wcc.nrcs.usda.gov/wntsc/H&H/other/TR55documentation.pdf
.