Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.19 - Policies for Construction and Operation of Solid Waste Treatment, Storage, and Disposal Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction
				  and operation of solid waste facilities in the coastal zone shall comply with
				  the policies in this section. This section applies to both new facilities and
				  areal expansion of existing facilities.
(1) A
				  landfill at which hazardous waste is received for a fee shall not be located in
				  a critical area, critical dune area, critical erosion area, or a 100-year
				  floodplain of a perennial stream, delineated on a flood map adopted by the
				  Federal Emergency Management Agency after September 1, 1985, as zone A1-99, VO,
				  or V1-30. This provision shall not apply to any facility for which a notice of
				  intent to file an application, or an application, has been filed with the TCEQ
				  as of September 1, 1985.
(2) Except
				  as provided in subparagraph (A) and (B) of this paragraph, a hazardous waste
				  landfill shall not be located in a special hazard area existing before site
				  development except in an area with a flood depth of less than three feet. Any
				  hazardous waste landfill within a special hazard area must be designed,
				  constructed, operated, and maintained to prevent washout of any hazardous waste
				  by a 100-year flood event.
(A) The areal
				  expansion of a landfill in a special hazard area may be allowed if the
				  applicant demonstrates that the facility design will prevent the physical
				  transport of any hazardous waste by a 100-year flood event.
(B) A new commercial hazardous waste
				  management facility landfill unit may not be located in a special hazard area,
				  unless the applicant demonstrates that the facility design will prevent the
				  physical transport of any hazardous waste by a 100-year flood event.
(3) Hazardous waste storage or
				  processing facilities, land treatment facilities, waste piles, and storage
				  surface impoundments shall not be located in special hazard areas unless they
				  are designed, constructed, operated, and maintained to prevent washout of any
				  hazardous waste by a 100-year flood event.
(4) Hazardous waste land treatment
				  facilities, waste piles, storage surface impoundments, and landfills shall not
				  be located within 1,000 feet of an area subject to active coastal shoreline
				  erosion, if the area is protected by a barrier island or peninsula, unless the
				  design, construction, and operational features of the facility will prevent
				  adverse effects resulting from storm surge and erosion or scouring by water. On
				  coastal shorelines which are subject to active shoreline erosion and which are
				  unprotected by a barrier island or peninsula, a separation distance from the
				  shoreline to the facility must be at least 5,000 feet, unless the design,
				  construction, and operational features of the facility will prevent adverse
				  effects resulting from storm surge and erosion or scouring by water.
(5) Hazardous waste storage or processing
				  facilities, land treatment facilities, waste piles, storage surface
				  impoundments, and landfills shall not be located in coastal wetlands, or in any
				  CNRA that is the critical habitat of an endangered species of plant or animal
				  unless the design, construction, and operation features of the facility will
				  prevent adverse effects on the critical habitat of the endangered
				  species.
(6) Hazardous waste land
				  treatment facilities, waste piles, storage surface impoundments, and landfills
				  shall not be located on coastal barriers.
(7) Hazardous waste landfills are prohibited
				  if there is a practicable alternative to such a landfill that is reasonably
				  available to manage the types and classes of hazardous waste which might be
				  disposed at the landfill.
(8) The
				  TCEQ shall not issue a permit for a new hazardous waste management facility or
				  the areal expansion of an existing hazardous waste facility unless it finds
				  that the proposed site, when evaluated in light of proposed design,
				  construction, and operational features, reasonably minimizes possible
				  contamination of coastal waters.
(9) New solid waste facilities and areal
				  expansion of existing solid waste facilities shall be sited, designed,
				  constructed, and operated to prevent releases of pollutants that may adversely
				  affect CNRAs and, at a minimum, comply with standards established under the
				  Solid Waste Disposal Act, 42 United States Code Annotated, §§6901 et
				  seq.