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 335.205 - Prohibition of Permit Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission shall not issue a permit for any of the following:
(1) a new hazardous waste management facility
				  or an areal expansion of an existing facility if the facility or expansion does
				  not meet the requirements of §
											335.204
				  of this title (relating to Unsuitable Site Characteristics);
(2) a new hazardous waste landfill or the
				  areal expansion of an existing hazardous waste landfill if there is a
				  practical, economic, and feasible alternative to such a landfill that is
				  reasonably available to manage the types and classes of hazardous waste which
				  might be disposed of at the landfill;
(3) a new commercial hazardous waste
				  management facility as defined in §
											335.202 of
				  this title (relating to Definitions) including such facilities that burn or
				  propose to burn waste-derived fuel, as defined in this section, or the
				  subsequent areal expansion of such a facility or unit of that facility if the
				  boundary of the unit is to be located within 1/2 of a mile (2,640 feet) of an
				  established residence, church, school, day care center, surface water body used
				  for a public drinking water supply, or dedicated public park;
(4) a new commercial hazardous waste
				  management facility that is proposed to be located at a distance greater than
				  1/2 mile (2,640 feet) from an established residence, church, school, day care
				  center, surface water body used for a public drinking water supply, or
				  dedicated public park unless the applicant demonstrates to the satisfaction of
				  the commission that the facility will be operated so as to safeguard public
				  health and welfare and protect physical property and the environment, at any
				  distance beyond the facility's property boundaries; or
(5) a Class I injection well, a proposed
				  hazardous waste management facility other than a Class I injection well, or a
				  capacity expansion of an existing hazardous waste management facility if a
				  fault exists within 2-1/2 miles from the proposed or existing wellbore of the
				  Class I injection well or the area within the cone of influence whichever is
				  greater, or if a fault exists within 3,000 feet of the proposed hazardous waste
				  management facility other than a Class I injection well or of the capacity
				  expansion of an existing hazardous waste management facility unless the
				  applicant demonstrates to the satisfaction of the commission unless previously
				  demonstrated to the commission or to the EPA that:
(A) in the case of Class I injection wells,
				  that the fault is not sufficiently transmissive or vertically extensive to
				  allow migration of hazardous constituents out of the injection zone;
				  or
(B) in the case of a proposed
				  hazardous waste management facility other than a Class I injection well or for
				  a capacity expansion of an existing hazardous waste management facility, that:
(i) the fault has not had displacement within
				  Holocene time, or if faults have had displacement within Holocene time, that no
				  such faults pass within 200 feet of the portion of the surface facility where
				  treatment, storage, or disposal of hazardous waste will be conducted;
				  and
(ii) the fault will not result
				  in structural instability of the surface facility or provide for groundwater
				  movement to the extent that there is endangerment to human health or the
				  environment.