(a) The facility shall be protected from flooding by suitable levees constructed to provide protection from a 100-year frequency flood and in accordance with the rules of the commission relating to levee improvement districts and approval of plans for reclamation projects or the rules of the county or city having jurisdiction under Texas Water Code, §16.236, as implemented by Chapter 301, Subchapter C of this title (relating to Approval of Levees and Other Improvements).
(b) Flood protection levees must be designed and constructed to prevent the washout of solid waste from the facility.
  (1) A freeboard of at least three feet must be provided except in those cases where a greater freeboard is required by the agency having jurisdiction under Texas Water Code, §16.236.
  (2) Such levees must not significantly restrict the flow of a 100-year frequency flood nor significantly reduce the temporary water storage capacity of the 100-year floodplain.

Source Note: The provisions of this §330.307 adopted to be effective March 27, 2006, 31 TexReg 2502