19-3-307 - Siting criteria.
19-3-307. Siting criteria.
(1) The department may not issue a construction and operating license to any wastetransfer, storage, decay in storage, treatment, or disposal facility unless the facility location meetsthe siting criteria under Subsection (2).
(2) The facility may not be located:
(a) within or underlain by:
(i) national, state, or county parks; monuments or recreation areas; designated wildernessor wilderness study areas; or wild and scenic river areas;
(ii) ecologically or scientifically significant natural areas, including wildlife managementareas and habitats for listed or proposed endangered species as designated by federal law;
(iii) 100-year flood plains;
(iv) areas 200 feet from Holocene faults;
(v) underground mines, salt domes, or salt beds;
(vi) dam failure flood areas;
(vii) areas subject to landslide, mud flow, or other earth movement, unless adverseimpacts can be mitigated;
(viii) farmlands classified or evaluated as "prime," "unique," or of "statewide importance"by the U.S. Department of Agricultural Soil Conservation Service under the Prime FarmlandProtection Act;
(ix) areas within five miles of existing permanent dwellings, residential areas, or otherhabitable structures, including schools, churches, or historic structures;
(x) areas within five miles of surface waters, including intermittent streams, perennialstreams, rivers, lakes, reservoirs, and wetlands;
(xi) areas within 1,000 feet of archeological sites regarding which adverse impacts cannotreasonably be mitigated;
(xii) recharge zones of aquifers containing groundwater which has a total dissolved solidscontent of less than 10,000 mg/l; or
(xiii) drinking water source protection areas;
(b) in areas:
(i) above or underlain by aquifers that:
(A) contain groundwater which has a total dissolved solids content of less than 500 mg/l;and
(B) do not exceed state groundwater standards for pollutants;
(ii) above or underlain by aquifers containing groundwater which has a total dissolvedsolids content between 3,000 and 10,000 mg/l, when the distance from the surface to thegroundwater is less than 100 feet;
(iii) of extensive withdrawal of water, gas, or oil;
(iv) above or underlain by weak and unstable soils, including soils that lose their ability tosupport foundations as a result of hydrocompaction, expansion, or shrinkage;
(v) above or underlain by karst terrains; or
(vi) where air space use and ground transportation routes present incompatible risks anduses; or
(c) within a distance to existing drinking water wells and watersheds for public watersupplies of five years groundwater travel time plus 1,000 feet.
(3) An applicant for a license may request from the department an exemption from any of
the siting criteria stated in this section upon demonstration that the modification would beprotective of and have no adverse impacts on the public health and the environment.
Enacted by Chapter 348, 1998 General Session