In evaluating an application for a new hazardous waste management facility permit, the commission shall assess the impact of the proposed facility on local land use in the area, including any relevant land use plans in existence before publication of the notice of intent to file a solid waste permit application, or, if no notice of intent is filed, at the time the permit application is filed.
  (1) In determining whether a new hazardous waste management facility is compatible with local land use, the commission shall consider, at a minimum:
    (A) the location of industrial and other waste-generating facilities in the area;
    (B) the amounts of hazardous waste generated by those facilities;
    (C) the risks associated with the transportation of hazardous waste to the facility; and
    (D) compatibility of the application with any land use plan adopted pursuant to the Texas Local Government Code, Chapter 211 (Vernon's Supplement 1991), or with local planning, zoning, or land use laws and ordinances in existence before publication of the notice of intent to file a solid waste permit application, or, if no notice of intent is filed, at the time the permit application is filed.
  (2) In addition, the commission may consider any of the following criteria in determining compatibility of a facility with local land use:
    (A) the risk of fires or explosions from improper storage and disposal methods;
    (B) the distance from the site boundary to existing structures; and
    (C) location of the facility in relation to high-hazard areas such as 100-year hurricane flood zones.
  (3) Based on its assessment of the application with respect to local land use, the commission may deny an application in accordance with §305.66(i) of this title (relating to Revocation and Suspension) or impose permit conditions deemed necessary to minimize or mitigate detrimental impacts on local land use, in accordance with §305.148 of this title (relating to Impact of New Hazardous Waste Management Facilities on Local Land Use).

Source Note: The provisions of this §335.180 adopted to be effective November 7, 1991, 16 TexReg 6065.