Section 382.053 - Prohibition on Issuance of Construction Permit for Lead Smelting Plant At Certain Locations(a) The commission may not grant a construction permit for a lead smelting plant at a site: (1) located within 3,000 feet of an individual's residence; and(2) at which lead smelting operations have not been conducted before August 31, 1987.(b) This section does not apply to:(1) a modification of a lead smelting plant in operation on August 31, 1987;(2) a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour; or(3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence.(c) In this section, "lead smelting plant" means a facility operated as a smeltery for processing lead.Tex. Health and Safety Code § 382.053
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.164, eff. 9/1/1995. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.