Current through all regulations passed and filed through December 2, 2024
Section 1501:9-3-04 - Surface location and siting criteria On and after the effective date of this rule, all of the following apply to a new class II disposal well, a well proposed to be converted to a class II disposal well, and a surface facility: (A) No portion of a class II disposal well or of a surface facility may be located within the boundary of a flood hazard area as delineated on the "National Flood Insurance Rate Map" unless the applicant meets all applicable floodplain regulations.(B) No portion of a class II disposal well or a surface facility may be located nearer than five hundred feet from the boundary of the subject tract. This rule does not apply if the class II disposal well or the surface facility, as applicable, is proposed to be on a site that is zoned industrial.(C) No portion of a class II disposal well or a surface facility may be located within one thousand feet of and within any of the following: (1) The five-year time of travel associated with a public drinking water supply, as delineated or endorsed under the "Source Water Assessment and Protection Program"; and(2) The emergency management zone of a public water system intake.(D) No portion of a class II disposal well or a surface facility may be located within seven-hundred fifty feet of an occupied private dwelling or a public building that may be used as a place of assembly, education, entertainment, lodging, or occupancy by the public. However, the owner or the person with legal authority for the private dwelling or public building may consent in writing to a location of the class II disposal well or the surface facility to a distance less than seven hundred fifty feet if the applicant submits the written consent on a form prescribed by the chief with the application.(E) No portion of a class II disposal well or a surface facility may be located in or within one hundred feet of a wetland or any surface waters that are waters of the state as defined in section 1509.01 of the Revised Code.(F) No portion of a class II disposal well or a surface facility may be located within one hundred feet of ponds, developed springs, and water wells.(G) Except as provided in paragraph (H) of this rule, a pipeline connecting a class II disposal well to a surface facility shall not be located:(1) In or within one thousand feet of the five-year time of travel associated with a public drinking water supply as delineated or endorsed under the "Source Water Assessment and Protection Program," or the emergency management zone of a public water system intake;(2) In or within one hundred feet of a wetland or any surface waters that are waters of the state as defined in section 1509.01 of the Revised Code; and(3) Within one hundred feet of ponds, developed springs, and water wells.(H) Pipelines proposed to be installed within the distances established in paragraphs (G)(2) and (G)(3) of this rule must implement additional requirements to be approved by the chief. These requirements include, but are not limited to, double encasement, continuous monitoring, testing frequency, and valving.Ohio Admin. Code 1501:9-3-04
Effective: 1/13/2022
Five Year Review (FYR) Dates: 01/13/2027
Promulgated Under: 119.03
Statutory Authority: 1509.03, 1509.10, 1509.12, 1509.13, 1509.15, 1509.22, 1509.23
Rule Amplifies: 1509.01, 1509.02, 1509.03, 1509.10, 1509.12, 1509.13, 1509.15, 1509.22