Section 336.728 - Disposal Site Suitability Requirements for Near-Surface Land Disposal(a) The disposal site shall be capable of being characterized, modeled, analyzed, and monitored.(b) Within the region where the land disposal facility is to be located, a disposal site should be selected so that projected population growth and future developments are not likely to affect the ability of the land disposal facility to meet the performance objectives of this subchapter.(c) Areas shall be avoided that have known natural resources which, if exploited, would result in failure to meet the performance objectives of this subchapter.(d) The disposal site shall be generally well drained and free of areas of flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain, coastal high-hazard area, or wetland, as defined in Executive Order 11988, "Floodplain Management Guidelines."(e) Upstream drainage areas shall be minimized to decrease the amount of runoff which could erode or inundate disposal units.(f) The disposal site shall provide sufficient depth to the water table so that groundwater, perennial or otherwise, shall not intrude into the waste.(g) Areas shall be avoided that are the recharge areas of sole source aquifers unless it can be demonstrated with reasonable assurance that the disposal site shall be designed, constructed, operated, and closed without an unreasonable risk to an aquifer.(h) The hydrogeologic unit used for disposal shall not discharge groundwater to the surface within the disposal site.(i) Areas shall be avoided where tectonic processes such as faulting, folding, seismic activity, or vulcanism may occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this subchapter or may preclude defensible modeling and prediction of long-term impacts.(j) Areas shall be avoided where surface geologic processes such as mass wasting, erosion, slumping, landsliding, or weathering occur with such frequency and extent to significantly affect the ability of the disposal site to meet the performance objectives of this subchapter or may preclude defensible modeling and prediction of long-term impacts.(k) The disposal site shall not be located where nearby facilities or activities could adversely impact the ability of the site to meet the performance objectives of this subchapter or significantly mask the environmental monitoring program. If activities involving radioactive material were previously performed on the site, the applicant shall evaluate the contribution of those activities that may impact the ability of the site to meet performance objectives.(l) The disposal site shall not be located in areas where soil conditions are such that spill cleanup would be impracticable.(m) The site shall not be located in a county any part of which is located 62 miles or less from an international boundary.(n) The site shall not be located in a county in which the average annual rainfall is greater than 20 inches.(o) The site shall not be located in a county that adjoins river segment 2309, 2310, or 2311 as identified by the commission in the Texas Surface Water Quality Standards in § 307.10(3) of this title (relating to Appendices A - E). These river segments are identified as follows:(1) river segment 2309 is the Devil's River;(2) river segment 2310 is the lower Pecos River; and(3) river segment 2311 is the upper Pecos River.(p) The site shall not be located less than 20 miles upstream of or up-drainage from the maximum elevation of the surface of a reservoir project that: (1) has been constructed or is under construction by the United States Bureau of Reclamation or the United States Army Corps of Engineers; or(2) has been approved for construction by the Texas Water Development Board as part of the state water plan under Texas Water Code, Subchapter C, Chapter 16.30 Tex. Admin. Code § 336.728
The provisions of this §336.728 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective January 8, 2004, 29 TexReg 150