7 Del. Admin. Code § 1370-5.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1370-5.0 - Site Suitability Report5.1 Land Emplacement Facilities and Non Land Emplacement Treatment, Storage and Disposal Facilities. A detailed geologic, hydrogeologic, and environmental study shall be performed for any site proposed. The submitted study must be signed by the owner/operator of the site and by an independent registered professional engineer. Documentation supporting the independent registered professional engineer's certification must be furnished to the Secretary upon request. At a minimum, the following information shall be presented in the form of a report describing the site in detail, and evaluating the onsite data obtained: 5.1.1 Topography 5.1.1.1 A detailed topographic map of the site, at scale of no greater than 1:2,400, and contour interval of no greater than two feet.5.1.2 Geology 5.1.2.1 A comprehensive subsurface geological investigation including soil and bedrock borings to the bedrock aquifer in the Piedmont, and into the uppermost major confined aquifer in the Coastal Plain.5.1.2.2 A structural geological map showing the surface geological formation and all faults, fractures, bedding attitudes, fold axes, cleavage, or foliation directions within 1,500 feet of the site boundaries.5.1.2.3 Geological cross sections showing the subsurface geology beneath the site.5.1.2.4 Assessment of the stability of the site related to geological processes such as erosion, mass movement, earthquakes and landslides.5.1.2.5 A map showing the 100- and 500-year floodplains, if any, on the site.5.1.3 Hydrogeology 5.1.3.1 A detailed hydrogeological investigation using a series of wells sufficient to define groundwater flow, both vertical and horizontal, and all groundwater systems hydraulically connected to the site.5.1.3.2 Identification of all points of discharge for groundwater leaving the site.5.1.3.3 Calculation of groundwater flow rates and volumes, and vertical groundwater leakage rates and volumes in all flow systems hydraulically connected to the site.5.1.3.4 An assessment of regional hydrogeology as it relates to potential off site effects of a facility.5.1.3.5 A water budget using long term meteorological data to determine recharge, discharge, and evapotranspiration rates to obtain maximum, average, and minimum seasonal variations.5.1.3.6 Assessment of any secondary permeability (joints, fractures, cleavages), weathering, or depositional features which can affect rates and directions of groundwater flow under existing or stressed (pumping, reduced groundwater recharge, groundwater mounding) conditions.5.1.4 Water Quality 5.1.4.1 Assessment of existing groundwater quality in all groundwater flow systems hydraulically connected to the site.5.1.4.2 Assessment of existing water quality in all surface waters receiving groundwater discharge or runoff from the site.5.1.4.3 Identification of all groundwater use within 1,500 feet, all uses downgradient and an assessment of potential effects of the site use on existing and future groundwater use.5.1.4.4 Assessment of all downstream uses in surface waters receiving groundwater discharge or runoff from the site, and the potential effects on those waters.5.1.5 Soil Properties 5.1.5.1 Quantitative assessment of the capabilities of the earth materials to attenuate or renovate any contamination which might emanate from any land farming facility.5.1.5.2 Assessment of the compatibility of the site soil chemistry with any artificial liner or containment structure.5.1.5.3 Assessment of soil stability during seismic events if the site is in an area of seismic risk.5.1.6 Cultural 5.1.6.1 Assessment of existing and projected population densities and land use activities within a minimum of one mile radius of the site.5.1.6.2 Assessment of the effects of the facility on any cultural or historic resources on or adjacent to the site.5.1.6.3 Assessment of the proximity to airports and other land uses which require a buffer by statute or policy.5.1.6.4 Assessment of effects of the proposed facility on nearby property values.5.1.7 Transportation and Emergency Response Plans 5.1.7.1 Assessment of transportation facilities and access to the site particularly with regard to the traffic volume, road capacity, road hazards, alternate routes, the potential for accidents, and proposed remedies.5.1.7.2 Description of existing or proposed emergency response needs and capabilities and, if appropriate, emergency evacuation plans. 5.1.8 Biological 5.1.8.1 Assessment of the extent and location of any critical wildlife habitat on or adjacent to the site.5.1.8.2 Assessment of the effects on downstream shellfish beds or any nearby coastal or freshwater wetlands, if any. 5.1.8.3 Assessment of the effects on rare, threatened, or endangered species.5.1.8.4 Assessment of the effects on significant environmental lands.5.2 Reduction in Scope of Site Suitability Report 5.2.1 An applicant may petition the Department to reduce the scope of the site suitability report outlined in subsection 5.1. This petition must accompany any reduced site suitability submittal, and shall clearly set forth the rationale for any omission of information described under subsection 5.1.5.2.2 The petition shall be subject to review by the Department and the citizens advisory committee established pursuant to Section 11.0. If agreement on the scope of the site suitability report cannot be reached among the parties, the Department shall make the final determination.5.2.3 All modifications to the scope of the site suitability report approved by the Department shall be subject to the hearing and appeal procedures set forth in Sections 9.0 and 10.0.5.3 The analysis and assessment contained in the site suitability report must demonstrate that all exclusionary criteria have been met without exception.5.4 The Department recognizes that it is unlikely that any site can meet all of the cautionary criteria. These criteria are to be used as guidelines to the applicant. Cautionary criteria are intended to provide a sense of the preferable conditions for a site. However, site conditions not meeting these criteria will be given special consideration in the review process. In such cases, the applicant must demonstrate that positive site conditions and the proposed facility design and operation will offset the negative implications of the cautionary criteria which are not met. The Department's review shall be based on analyses of all of the pertinent cautionary criteria. The Department may impose design and operational requirements which are necessary to mitigate possible adverse effects on human health, safety, welfare, and the environment which may result from not meeting the cautionary criteria.7 Del. Admin. Code § 1370-5.0