(a) The agency will not issue a registration for a Class A petroleum-substance waste management facility unless it finds that the proposed site, when evaluated in light of proposed design, construction, and operational features, reasonably minimizes possible contamination of surface water and groundwater. In making this determination, the agency will consider the following factors:
  (1) flooding or active geologic processes such as erosion, subsidence, submergence, and faulting;
  (2) groundwater conditions such as groundwater flow rate, groundwater quality, length of flow path to points of discharge, and aquifer recharge or discharge conditions;
  (3) soil conditions such as stratigraphic profile, stratigraphic complexity, and hydraulic conductivity of strata;
  (4) separation distance from the facility to the aquifer and to points of discharge to surface water; and
  (5) climatological conditions.
(b) Class A storage or treatment facilities shall not be located:
  (1) in the 100-year floodplain;
  (2) in wetlands;
  (3) on the recharge or transition zone of a sole-source aquifer;
  (4) within 1,000 feet of an established residence, church, hospital, school, licensed day-care center, or dedicated public park;
  (5) within 1,000 feet of any property owned by a person other than the facility owner unless the applicant obtains a variance from the agency pursuant to subsection (d) of this section relating to variances;
  (6) in areas of direct drainage within 1/2 mile of any surface water if the surface water is used to supply public drinking water through a public water system, unless it is designed, constructed, operated, and maintained to prevent any releases of contaminants from the facility;
  (7) in the critical habitat of an endangered species of plant or animal; or
  (8) in an area where the roads leading to the facility which will be utilized to transport soil are not adequate to handle the anticipated traffic volume and load.
(c) Nothing in this subchapter shall be construed to require the agency to issue a registration. In addition to an applicant's compliance with location requirements, the agency will consider public comment on the proposed facility, surrounding land uses, past performance record if any, and enforcement history with this agency and other state agencies, when determining whether or not to register an applicant under this subchapter.
(d) The agency may, in its discretion, grant a variance of the requirements of subsection (b) of this section, relating to location requirements for Class A Facilities. Before the agency may issue a variance under this subsection, it shall require the applicant to demonstrate that the provisions of subsection (b) of this section are not necessary to ensure adequate protection of human health and the environment.

Source Note: The provisions of this §334.495 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442