(a) In evaluating an application for a new commercial hazardous waste management facility permit, the commission shall verify that:
  (1) sufficient emergency response capabilities are available or will be available before the facility first receives waste, in the area in which the facility is located or proposed to be located; or
  (2) the applicant has secured sufficient financial assurance in accordance with §305.50(12)(C)(ii) or (D) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit) to fund the emergency response personnel and equipment determined to be necessary by the commission, to manage a reasonable worst-case emergency condition associated with the operation of the facility.
(b) If the applicant for a new commercial hazardous waste management facility intends to use emergency response facilities that are not provided by the county or municipality in which the facility is located, the applicant must provide its own facilities or contract for emergency response facilities with an adjoining county, municipality, mutual aid association, or other appropriate entity. An appropriate entity would be defined as a professional organization, existing at the time of application, regularly doing business in the area of emergency and/or disaster response.
(c) If financial assurance is required pursuant to this section, it shall meet the following requirements.
  (1) The financial assurance must benefit the county government or municipal government in the county in which the facility is located or proposed to be located, or both.
  (2) The financial assurance must provide payment of the amount of the bond or other instrument to the governmental body or governmental bodies before the facility first receives waste, with a limitation that the money can only be spent for emergency response personnel and equipment.
  (3) The financial assurance must meet the requirements of §305.50(12)(C)(ii) or (D) of this title (relating to Additional Requirements for an Application for a Solid Waste Permit).
(d) In evaluating the sufficiency of emergency response capabilities, the commission shall consider the following:
  (1) geology of the area;
  (2) drainage patterns;
  (3) seasonally prevailing winds and weather patterns;
  (4) availability of all local emergency response resources, including fire, police, hospital, etc. service;
  (5) proximity of human exposure and/or sensitive environmental receptors;
  (6) length of time for first response;
  (7) trained response teams on-site (OSHA specialist level), with a 24-hour response team;
  (8) the amount of equipment and trained personnel available on a first-response basis, including the minimum amount of equipment on hand or available near the facility with hazardous materials capabilities;
  (9) the ability to deal with various types of injuries;
  (10) the ability to respond effectively to environmental contamination; and
  (11) the efficiency and safety of any evacuation plan submitted by the applicant.

Source Note: The provisions of this §335.183 adopted to be effective November 7, 1991, 16 TexReg 6065.