Facilities shall meet all of the following locational criteria.
(1) One hundred-year floodplain. The facility shall
be located outside of the 100-year floodplain unless the applicant
can demonstrate that the facility is designed and will operate to
prevent washout during a 100-year storm event, or obtains a Conditional
Letter of Map Amendment (CLOMA) from the Federal Emergency Management
Administration (FEMA) Administrator.
(2) Drainage. The facility shall not significantly
alter existing drainage patterns.
(3) Wetlands. The facility shall not be located in
wetlands.
(4) Water wells. The facility shall be located at least
500 feet from all public water wells and at least 150 feet from private
water wells.
(5) Surface water. The facility shall be located at
least 100 feet from creeks, rivers, intermittent streams, lakes, bayous,
bays, estuaries, or other surface waters in the state.
(6) Setback distance from facility boundary. The setback
distance from the facility boundary to the areas for receiving, processing,
or storing feedstock or final product shall be at least 50 feet.
(7) Edwards Aquifer Recharge Zone. If located over
the Recharge Zone of the Edwards Aquifer, a facility is subject to
Chapter 213 of this title (relating to Edwards Aquifer). The Edwards
Aquifer Recharge Zone is specifically that area delineated on maps
in the office of the executive director.
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