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.

Source Note: The provisions of this §332.44 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective February 3, 2022, 47 TexReg 303