Okla. Admin. Code § 252:515-5-32

Current through Vol. 41, No. 19, June 17, 2024

Section 252:515-5-32 - Restrictions on location of waste management and disposal areas

(a)100-year floodplain. No waste management or disposal areas of a solid waste disposal facility shall be located within the 100-year floodplain, except as provided for by (1) and (2) of this Subsection.

(1)Land disposal areas permitted before April 9, 1994. For areas of land disposal facilities that received waste before April 9, 1994 and are located in the 100-year floodplain, the owner/operator must maintain in the operating record a demonstration that the waste disposal area will not:

(A) restrict the flow of the 100-year flood;

(B) reduce the temporary water storage capacity of the floodplain; or

(C) result in the disturbance and/or carrying away of solid waste by water so as to pose a hazard to human health or the environment.

(2)Authorized variances. The DEQ may grant a variance from the 100-year flood plain restriction for:

(A) waste management or disposal areas of new solid waste disposal facilities, or expansions of waste management or disposal areas of existing solid waste disposal facilities, provided the variance is conditioned upon the subsequent redefinition of the flood plain to not include the land area proposed by the variance; or

(B) solid waste transfer stations, including regulated medical waste transfer stations, if no waste will be retained or stored by any means during non-operating hours on any portion of the facility within the 100-year flood plain.

(b)Public water supply. Except for solid waste processing facilities where no waste is stored or placed on permeable surfaces, no new waste management or disposal areas of a solid waste disposal facility shall be located within:

(1) one mile upgradient of an existing public water supply surface water intake, or one that is permitted for construction when a complete application has been filed with the DEQ; or

(2) a one year time of travel of a public water supply well. A wellhead delineation shall be performed and submitted to the DEQ if one has not already been performed.

(c)Wellhead protection area. If any new waste management or disposal areas will be located within two miles of a public water supply well, a wellhead protection area shall be identified, as specified by the State Wellhead Protection Plan, and such information submitted to the DEQ.

(d)Wetlands. Except as provided in (1) and (2) of this Subsection, no new waste management or disposal areas of a solid waste disposal facility shall be located in wetland areas as designated by the Oklahoma Conservation Commission or other appropriate agency.

(1)Exception. New waste management or disposal areas of a solid waste disposal facility may be located in wetlands if all of the following demonstrations can be made.

(A)Rebuttable presumption. Where applicable under Section 404 of the Clean Water Act or applicable State wetlands laws, the presumption that practicable alternative to the proposed facility is available which does not involve wetlands is clearly rebutted;

(B)No harm. The construction and operation of the facility will not:

(i) cause or contribute to violations of any applicable State water quality standard;

(ii) violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act; and

(iii) jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973;

(C)No degradation. The facility will not cause or contribute to significant degradation of wetlands. The integrity of the facility and its ability to protect ecological resources shall be demonstrated by addressing the following factors:

(i) erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the facility;

(ii) erosion, stability, and migration potential of dredged and fill materials used to support the facility;

(iii) the volume and chemical nature of the waste managed at the facility;

(iv) impacts on fish, wildlife, and other aquatic resources and their habitat from releases of solid waste;

(v) the potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(vi) any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected;

(D)No net loss. To the extent required under Section 404 of the Clean Water Act or applicable State wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by (1)(A) of this Subsection, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and

(E)Sufficient information available. Sufficient information is available to make a reasonable determination with respect to these demonstrations.

(2)Verification required. The demonstrations required by (1) of this Subsection shall be approved by the Oklahoma Conservation Commission or other appropriate agency.

Okla. Admin. Code § 252:515-5-32

Added at 20 Ok Reg 1151, eff 6-1-03