Section 401.217 - Location of Disposal Facility Site The commission may not issue a license for a compact waste disposal facility or license the operation of a federal facility waste disposal facility if the disposal facility site is located:
(1) in a county any part of which is located 62 miles or less from an international boundary;(2) in a county in which the average annual rainfall is greater than 20 inches;(3) in a county that adjoins river segment 2309, 2310, or 2311 as identified by the commission in the Texas Surface Water Quality Standards, 30 T.A.C. Section 307.10(3);(4) in a 100-year flood plain; or(5) less than 20 miles upstream of or up-drainage from the maximum elevation of the surface of a reservoir project that:(A) has been constructed or is under construction by the United States Bureau of Reclamation or the United States Army Corps of Engineers; or(B) has been approved for construction by the Texas Water Development Board as part of the state water plan under Subchapter C, Chapter 16, Water Code.Tex. Health and Safety Code § 401.217
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. 9/1/2003.