(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.
(b) The TCEQ shall comply with the policies in this
section when issuing permits and adopting rules under Texas Health
and Safety Code, Chapter 361.
|