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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

(Rule 1200-01-07-.02, continued)

I.

Location in the floodplain will not restrict the flow of the 100- year flood, nor reduce the temporary water storage capacity of

the floodplain.

II.

The fill area

is

designed,

constructed,

operated,

and

maintained to prevent washout of any solid waste.

  • (XIV)

    There must be installed on-site a permanent benchmark (e.g., a concrete marker) of known elevation.

  • (XV)

    New coal ash fill areas and lateral expansions shall not be located in wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at rule 1200-01- 07-.04(2)(p).

(XVI) A fill area must not be located in highly developed karst terrain (i.e., sink holes and caves).

  • (XVII)

    The coal-ash fill project does not:

    • I.

      Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or

  • II.

    Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

  • (XVIII)

    Notice in Deed to Property - Except for coal ash fills on federal, state or local government owned right-of-ways, the operator must ensure that, within 90 days of meeting final cover requirements and prior to the sale or lease of the coal ash fill area property, there is recorded, a notation on the deed to the property or on some other instrument which is normally examined during a title search that will in perpetuity notify any person conducting a title search that coal ash has been placed on the property.

  • (iii)

    A tire storage facility, if:

    • (I)

      The county legislative body, of a county that does not own or operate a permitted Class I, Class III or Class IV facility which is accepting waste tires, complies with the notification requirement of part 2 of this subparagraph; and

  • (II)

    The facility is constructed, operated, maintained and closed in a manner consistent with rule 1200-01-07-.04(2)(k)3(i)(I) and (II) and items (III), (IV), (V), (VI), (VII), (X), (XI), (XIII), (XIV), (XVI), (XVII),

    • (XVIII)

      , (XIX), (XX) and (XXI) of rule 1200-01-07-.02(1)(c)1(i).

  • (III)

    Contracts for disposal or recycling of the shredded tires have been established.

  • (iv)

    A convenience center, if:

    • (I)

      The operator complies with the notification requirements of Part 2 of this subparagraph;

May, 2010 (Revised)

22

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