Utah Admin. Code 315-302-1

Current through Bulletin No. 2024-21, November 1, 2024

Section R315-302-1 - Location Standards for Disposal Facilities

(1) Applicability.

(a) These standards apply to each new solid waste disposal facility and any existing solid waste disposal facility seeking facility expansion, including:

(i) Class I, II, and V Landfills;

(ii) Class III Landfills as specified in Rule R315-304;

(iii) Class IV and VI Landfills as specified in Rule R315-305;

(iv) Class VII landfills as specified in Rule R315-321;

(v) solid waste surface impoundments as specified in Rule R315-322;

(vi) piles that are to be closed as landfills; and

(vii) incinerators as specified in Rule R315-306.

(b) These standards, except for Subsection R315-302-1(2)(f) or unless otherwise noted, do not apply to:

(i) an existing facility;

(ii) a transfer station or a drop box facility;

(iii) a pile used for storage;

(iv) composting or utilization of sludge or other solid waste on land; or

(v) hazardous waste disposal sites regulated by Rules R315-260 through R315-266, R315-268, R315-270, R315-273 and Rule R315-101.

(2) Location Standards. Each applicable solid waste facility shall be subject to the following location standards.

(a) Land Use Compatibility. No new facility shall be located within:

(i) one thousand feet of a:

(A) national, state, county, or city park, monument, or recreation area;

(B) designated wilderness or wilderness study area;

(C) wild and scenic river area; or

(D) stream, lake, or reservoir;

(ii) ecologically and scientifically significant natural areas, including wildlife management areas and habitat for threatened or endangered species as designated pursuant to the Endangered Species Act of 1982;

(iii) one-fourth mile of:

(A) existing permanent dwellings, residential areas, and other incompatible structures such as schools or churches unless otherwise allowed by local zoning or ordinance; and

(B) historic structures or properties listed or eligible to be listed in the State or National Register of Historic Places;

(iv) ten thousand feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end used by only piston type aircraft unless the owner or operator demonstrates that the facility design and operation will not increase the likelihood of bird or aircraft collisions. Each new and existing disposal facility is subject to this requirement.

(A) If a new landfill or a lateral expansion of an existing landfill is located within six miles of an airport runway end, the owner or operator shall notify the affected airport and the Federal Aviation Administration; or

(v) areas with respect to archeological sites that would violate Section 9-8-404.

(b) Geology.

(i) No new facility or lateral expansion of an existing facility shall be located in a subsidence area, a dam failure flood area, above an underground mine, above a salt dome, above a salt bed, or on or adjacent to geologic features that could compromise the structural integrity of the facility.

(ii) Holocene Fault Areas. A new facility or a lateral expansion of an existing facility may not be located within 200 feet of a Holocene fault unless the owner or operator demonstrates to the director that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the unit and will be protective of human health and the environment.

(iii) Seismic Impact Zones. A new facility or a lateral expansion of an existing facility may not be located in seismic impact zones unless the owner or operator demonstrates to the satisfaction of the director that any containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.

(iv) Unstable Areas. The owner or operator of an existing facility, a lateral expansion of an existing facility, or a new facility located in an unstable area shall demonstrate to the satisfaction of the director that engineering measures have been incorporated into the facility design to ensure that the integrity of the structural components of the facility will not be disrupted. The owner or operator shall consider the following factors when determining whether an area is unstable:

(A) on-site or local soil conditions that may result in significant differential settling;

(B) on-site or local geologic or geomorphologic features; and

(C) on-site or local artificial features or events, both surface and subsurface.

(c) Surface Water.

(i) No new facility or lateral expansion of an existing facility shall be located on any public land that is being used by a public water system for water shed control for municipal drinking water purposes.

(ii) Floodplains. No new or existing facility shall be located in a floodplain unless the owner or operator demonstrates to the director that the unit will not restrict the flow of the 100 year flood, reduce the temporary water storage capacity of the floodplain, or result in a washout of solid waste so as to pose a hazard to human health or the environment.

(d) Wetlands. No new facility or lateral expansion of an existing facility shall be located in wetlands unless the owner or operator demonstrates to the director that:

(i) when applicable under Section 404 of the Clean Water Act, Title 33 United States Code Section 1344, or applicable state wetlands laws, the presumption that a practicable alternative to the proposed landfill is available that does not involve wetlands is clearly rebutted;

(ii) the unit will not violate any applicable state water quality standard or Section 307 of the Clean Water Act, Title 33 United States Code Section 1317;

(iii) the unit will not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of a critical habitat protected under the Endangered Species Act of 1973;

(iv) the unit will not cause or contribute to significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the unit and its ability to protect ecological resources by addressing the following factors:

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

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

(C) the volume and chemical nature of the waste managed in the unit;

(D) impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;

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

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

(v) to the extent required under Section 404 of the Clean Water Act, Title 33 United States Code Section 1344 or applicable state wetlands laws, steps have been taken to try 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 Subsection R315-302-1(2)(d)(i), then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through any appropriate and practicable compensatory mitigation actions, for example, restoration of existing degraded wetlands or creation of artificial wetlands; and

(vi) sufficient information is available to make a reasonable determination with respect to these demonstrations.

(e) Groundwater.

(i) No new facility or lateral expansion of an existing facility shall be located at a site:

(A) if the bottom of the lowest liner is less than five feet above the historical high level of groundwater; or

(B) for a landfill that is not required to install a liner, the lowest level of waste shall be at least ten feet above the historical high level of groundwater.

(C) If the aquifer beneath a landfill contains groundwater that has a Total Dissolved Solids (TDS) of 10,000 mg/l or greater and the landfill is constructed with a composite liner, the bottom of the lowest liner may be less than five feet above the historical high level of the groundwater.

(ii) No new facility shall be located over a sole source aquifer as designated in 40 CFR 149.

(iii) No new facility shall be located over groundwater classed as IB under Section R317-6-3.3.

(iv) Unless each unit of the proposed facility is constructed with a composite liner or other equivalent design approved by the director:

(A) a new facility located above any aquifer containing groundwater that has a TDS content below 1,000 mg/l that does not exceed applicable groundwater quality standards for any contaminant is permitted only if the depth to groundwater is greater than 100 feet; or

(B) a new facility located above any aquifer containing groundwater that has a TDS content between 1,000 and 3,000 mg/l and does not exceed applicable groundwater quality standards for any contaminant is permitted only if the depth to groundwater is 50 feet or greater.

(C) The applicant for the proposed facility will make the demonstration of groundwater quality necessary to determine the appropriate aquifer classification.

(v) No new facility shall be located in designated drinking water source protection areas or, if no source protection area is designated, within a distance to existing drinking water wells or springs for public water supplies of 250 days groundwater travel time. This requirement does not include on-site operation wells. The applicant for the proposed facility will make the demonstration, acceptable to the director, of hydraulic conductivity and other information necessary to determine the 250 days groundwater travel distance.

(vi) Groundwater Alternative.

(A) Subject to the groundwater performance standard stated in Subsection R315-303-2(1), if a solid waste disposal facility is to be located over an area where the groundwater has a TDS of 10,000 mg/l or greater, or where there is an extreme depth to groundwater, or where there is a natural impermeable barrier above the groundwater, or where there is no groundwater, the director may approve, on a site specific basis, an alternative groundwater monitoring system at the facility or may wave the groundwater monitoring requirement. If groundwater monitoring is waved the owner or operator shall make the demonstration stated in Subsection R315-308-1(3).

(B) A facility that has a groundwater monitoring alternative approved under Subsection R315-302-1(2)(e)(vi) is subject to the groundwater quality standards specified in Subsection R315-303-2(1) and the approved alternative shall be revoked by the director if the operation of the facility impacts groundwater.

(f) Historic preservation survey requirement.

(i) Each new facility or expansion of an existing facility shall:

(A) have a notice of concurrence issued by the state historic preservation officer as provided for in Subsection 9-8-404(3)(a)(i); or

(B) show that the state historic preservation officer did not respond within 30 days to the submittal, to the officer, of an evaluation; or

(C) have received a joint analysis conducted as required by Subsection 9-8-404(2).

(ii) Each existing facility shall, for any areas of the site that have not been disturbed:

(A) have a notice of concurrence issued by the state historic preservation officer as provided for in Subsection 9-8-404(3)(a)(i); or

(B) show that the state historic preservation officer did not respond within 30 days to the submittal, to the officer, of an evaluation; or

(C) have received a joint analysis conducted as required by Subsection 9-8-404(2).

(g) Traffic impact study requirement.

(i) For each new facility, the applicant shall pay the costs for review of a traffic impact study, any costs required by the road authority for improvements, and submit a traffic impact study that:

(A) demonstrates that requirements for safety, operation, and the condition of roadways serving the proposed facility meet locally forecasted needs;

(B) has been reviewed and approved by the Department of Transportation, a local highway authority, or a county or municipality road authority, whichever has jurisdiction over each road serving the proposed facility; and

(C) includes any maintenance agreement with a road authority in writing.

(3) Exemptions. Exemptions from the location standards with respect to airports, floodplains, wetlands, fault areas, seismic impact zones, and unstable areas cannot be granted. Exemptions from other location standards of Section R315-302-1 may be granted by the director on a site specific basis if it is determined that the exemption will cause no adverse impacts to human health or the environment.

(a) No exemption may be granted without application to the director.

(b) If an exemption is granted, a facility may be required to have a more stringent design, construction, monitoring program, or operational practice to protect human health or the environment.

(c) Each application for an exemption shall meet the conditions of Section R315-311-3 pertaining to public notice and comment period.

Utah Admin. Code R315-302-1

Amended by Utah State Bulletin Number 2017-15, effective 8/1/2017

Amended by Utah State Bulletin Number 2024-03, effective 1/16/2024

Amended by Utah State Bulletin Number 2024-20, effective 10/15/2024