1. (a) Applicability and requirements. New and existing C&DRF shall meet the following site selection limitations and location restrictions including but not limited to:

   1. (1) Facilities shall be designed and operated in a manner that will not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health, wildlife, or land or water resources;

   2. (2)

      1. (A) New facilities or expansions shall demonstrate that they are not located in wetlands unless it is in compliance with the provisions of the Clean Water Act and implementing regulations.
      2. (B) To demonstrate compliance, the applicant must provide a wetlands determination prepared by the appropriate agency with jurisdiction for the proposed site and any permit required by the agency;
   3. (3) If the proposed C&DRF site is located within a municipality or county that has adopted restrictions on sites in conjunction with a comprehensive county-wide land use plan as provided in 8 CAR § 60-203, specific geographic site approval from the government or governments of jurisdiction shall be obtained by the applicant for submission to the Division of Environmental Quality with the application; and

   4. (4) Processing areas for all facilities, as measured from the edge of the recovery or recycling building or area, shall not be located within:

      1. (A) Fifty feet (50’) of the property boundary; and
      2. (B)

2. (i) Two hundred feet (200’) to an existing residence, place of business, or drinking water supply not owned or leased by the applicant.

   1. (ii) Existing facilities shall be determined at the time in which notice is filed with the regional solid waste management district or a preapplication is filed with the division, whichever comes first.

3. (b) Conformance with local zoning requirements. Nothing contained herein shall be construed to prevent local governments from exercising legitimate zoning authority over solid waste management facilities.

   1. (c) Solid waste management district notification.
   2. (1) Applicants for C&DRF shall provide notice to the solid waste management district in which the facility is proposed to be located.

   3. (2) In addition to the requirements of this subpart, applicants for a permit shall comply with any district rules regarding the siting, design, or operation of solid waste management facilities and any applicable comprehensive local zoning requirements.

      1. (d) Waivers for existing facilities. The division may waive all or part of the requirements of this section for facilities in existence prior to May 7, 1995.

Codification Notes: The Clean Water Act, Pub. L. No. 92-500, is codified generally at 33 U.S.C. § 1251 et seq.