Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter G - LOCATION STANDARDS FOR HAZARDOUS WASTE STORAGE, PROCESSING, OR DISPOSAL › Section 335.204 - Unsuitable Site Characteristics

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Storage or processing facilities (excluding storage surface impoundments).
(1) A storage or processing facility
				  (excluding storage surface impoundments) may not be located in the 100-year
				  floodplain unless it is designed, constructed, operated, and maintained to
				  prevent physical transport of any hazardous waste by a 100-year flood event.
				  "Physical transport" does not include movement of hazardous waste by an owner
				  or operator to move the hazardous waste to safety during the threat of a
				  100-year flood event.
(2) A storage
				  or processing facility (excluding storage surface impoundments) may not be
				  located in wetlands.
(3) A storage
				  or processing facility (excluding storage surface impoundments) may not be
				  located on the recharge zone of a sole-source aquifer unless secondary
				  containment is provided to preclude migration to groundwater from spills, leaks
				  or discharges.
(4) A storage or
				  processing facility (excluding storage surface impoundments) may not be located
				  in areas overlying regional aquifers unless:
(A) the regional aquifer is separated from
				  the facility by a minimum of ten feet of material with a hydraulic conductivity
				  toward the aquifer not greater than 10-7 centimeters
				  per second (cm/sec), or a thicker interval of more permeable material which
				  provides equivalent or greater retardation to pollutant migration; or
(B) secondary containment is provided to
				  preclude migration to groundwater from spills, leaks or discharges.
(5) A storage or processing
				  facility (excluding storage surface impoundments) may not be located in areas
				  where soil unit(s) within five feet of the containment structure have a Unified
				  Soil Classification of GW, GP, GM, GC, SW, SP, or SM, or a hydraulic
				  conductivity greater than 10 
				  -5 cm/sec unless:
(A) secondary containment is provided to
				  preclude migration to groundwater or surface water from spills, leaks or
				  discharges; or
(B) the soil unit is
				  not sufficiently thick and laterally continuous to provide a significant
				  pathway for waste migration.
(6) A storage or processing facility
				  (excluding storage surface impoundments) may not be located in areas of direct
				  drainage within one mile of a lake at its maximum conservation pool level, if
				  the lake is used to supply public drinking water through a public water system,
				  unless the design, construction, and operational features of the facility will
				  prevent adverse effects resulting from a release in such areas.
(7) A storage or processing facility
				  (excluding storage surface impoundments) may not be located in areas of active
				  geologic processes unless the design, construction, and operational features of
				  the facility will prevent adverse effects resulting from the geologic
				  processes.
(8) A storage or
				  processing facility may not be located in the critical habitat of an endangered
				  species of plant or animal unless the design, construction, and operational
				  features of the facility will prevent adverse effects on the critical habitat
				  of the endangered species.
(9) A
				  storage or processing facility may not be located within 30 feet of the
				  upthrown side or 50 feet of the downthrown side of the actual or inferred
				  surface expression of a fault that has reasonably been shown to have caused
				  displacement of shallow Quaternary sediments or of man-made structures, unless
				  the design, construction, and operational features of the facility will prevent
				  adverse effects resulting from fault movement. The presence, and if a fault is
				  found to be present, the width and location of the actual or inferred surface
				  expression of a fault, including both the identified zone of deformation and
				  the combined uncertainties in locating a fault trace, shall be determined by a
				  licensed professional geoscientist or geotechnical engineer. For purposes of
				  fault assessment under this paragraph, depths of shallow sediments to be
				  considered could be as little as 100 feet (for older, slowly accumulated
				  sediments), or as great as 300 feet (for younger, rapidly accumulated
				  sediments). The fault study should include analyses of any electric logs
				  developed for any required subsurface characterization of the site,
				  interpretation of available aerial photographs, study of available maps, logs,
				  and documents that may indicate fault locations at the surface and in the
				  subsurface, and a visual observation of the proposed site.