In addition to the requirements of §352.101 of this title
(relating to Registration Required), no person may cause, suffer,
or allow the collection, handling, storage, processing, management,
or disposal of coal combustion residuals (CCR) in such a manner so
as to cause:
(1) the discharge, or imminent threat of discharge,
of CCR into, or adjacent to, the waters in the state, without obtaining
specific authorization for such a discharge from the Texas Commission
on Environmental Quality;
(2) the creation and maintenance of a nuisance; or
(3) the endangerment of the public health or welfare.
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