Okla. Admin. Code § 252:517-5-9

Current through Vol. 42, No. 7, December 16, 2024

Section 252:517-5-9 - 100-year floodplain

No waste management or disposal areas of a CCR unit shall be located within the 100-year floodplain, except as provided for by (a) and (b) of this Section.

(1)CCR units permitted before April 9, 1994. For areas of CCR units 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 CCR 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 waste management or disposal areas of new CCR units, or expansions of waste management or disposal areas of existing CCR units, provided the variance is conditioned upon the subsequent redefinition of the flood plain to not include the land area proposed by the variance.

Okla. Admin. Code § 252:517-5-9

Adopted by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016