§ 20-32-109 - Location requirements.

20-32-109. Location requirements.

No applications shall be accepted nor shall permits be issued pursuant to 20-32-108 by the Division of Health of the Department of Health and Human Services for the construction or operation of a facility in which any of the following factors is present:

(1) The location of the facility is within a "regulatory floodway", as adopted by communities participating in the national flood program managed by the Federal Emergency Management Agency;

(2) The location of the facility overlies any portion of a significant surface or subsurface sand and gravel aquifer for its primary recharge zone or a high-yield bedrock aquifer;

(3) The location of the facility could pose a threat to fisheries, wildlife, or other natural resources; or

(4) The location of the facility does not comply with zoning regulations of the locality in which the facility is proposed.