(a) Prior to placing warning signs on contaminated property, a determination must be made by the executive director of the Texas Water Commission that there exists a potential hazard to public health and safety which will be eliminated or reduced by placing a warning sign on the contaminated property. The executive director of the Texas Water Commission may consult with the Texas Department of Health in making this determination where appropriate. During the initial site investigation, if there is sufficient information, the following factors should be considered in determining whether a potential hazard to public health and safety exists:
  (1) character of the contaminant(s), based on labeling, type of container, if any, the presence of any marking or labeling indicating the contents of any container present, laboratory analyses of the contaminant(s), or media containing the contaminant(s), or other relevant factors;
  (2) amount and/or suspected concentration of the contaminant(s);
  (3) the known or suspected health effects of the contaminant(s);
  (4) accessibility of the contaminated area to the public;
  (5) route(s) of exposure;
  (6) proximity of schools, hospitals, and residential areas; and
  (7) potential for wind dispersal or other potential pathway(s) for migration of the contaminant(s).
(b) It is presumed by the Texas Water Commission that a hazard to the public health and safety exists if, at any point during the site investigation, the following conditions are found:
  (1) illnesses are observed or alleged to be related to the contaminants present at the site;
  (2) known or suspected toxic or carcinogenic materials are detected at concentrations which could potentially affect public health and safety;
  (3) mutagenic, teratogenic, or other materials which may be detrimental to reproduction are discovered; or
  (4) hazardous substances are found in an area accessible to the public.

Source Note: The provisions of this §335.443 adopted to be effective October 31, 1990, 15 TexReg 6068.