7 Del. Admin. Code § 1302-264-B-264.18

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-264-B-264.18 - Location standards

(a) Seismic considerations.

(1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.

(2) As used in paragraph (a)(1) of this section:

(i)Fault means a fracture along which rocks on one side have been displaced with respect to those on the other side.

(ii)Displacement means the relative movement of any two sides of a fault measured in any direction.

(iii)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 Part B of the permit application are specified in § 122.14 (b)(11). Facilities which are located in political jurisdictions other than those listed in Appendix VI of this part, are assumed to be in compliance with this requirement.]

(b) Floodplains.

(1) A facility located in a 100-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood unless the owner or operator can demonstrate to the Secretary's satisfaction that:

(i) 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 flood waters; or

(ii) 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:

(A) The volume and physical and chemical characteristics of the waste in the facility;

(B) The concentration of hazardous constituents that would potentially affect surface waters as a result of washout;

(C) The impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and

(D) The impact of hazardous constituents on the sediments of affected surface waters or the soils of the 100-year floodplain that could result from washout.

[Comment: The location where wastes are moved must be a facility which is either permitted by DNREC under Part 122 of these regulations, authorized to manage hazardous waste by a State with a hazardous waste management program authorized under 40 CFR, Part 123, or in interim status under Parts 122 and 265 of these regulations.]

(2) As used in paragraph (b)(1) of this section:

(i)100-year floodplain means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

(ii)Washout means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(iii)100-year flood means a flood that has a one percent chance of being equaled or exceeded in any given year.

[Comment: Requirements pertaining to other laws which affect the location and permitting of facilities are found in § 122.12 of these regulations. For details relative to these laws, see DNREC's manual for SEA (special environmental area) requirements for hazardous waste facility permits. Though DNREC is responsible for complying with these requirements, applicants are advised to consider them in planning the location of a facility to help prevent subsequent project delays. Also, refer to the Delaware Regulations Governing the Location of Hazardous Waste Storage, Treatment and Disposal Facilities for further requirements which affect the location and permitting of facilities. Applicants are responsible for complying with these requirements.]

(c) Salt dome formations, salt bed formations, underground mines and caves. The placement of any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

[Note: The definition of a wetland can be found in the DNREC Wetland Regulations of 1976 which were adopted under 7 Del.C., § 6607.]

(Amended May 8, 1986; August 29, 1988; August 10, 1990, August 23, 1999)

7 Del. Admin. Code § 1302-264-B-264.18