(a) The following location restrictions applicable to municipal solid waste facilities apply to facilities subject to this subchapter:
  (1) §330.547 of this title (relating to Floodplains);
  (2) §330.553 of this title (relating to Wetlands);
  (3) §330.555 of this title (relating to Fault Areas);
  (4) §330.557 of this title (relating to Seismic Impact Zones); and
  (5) §330.559 of this title (relating to Unstable Areas).
(b) In addition to the location restrictions in subsection (a) of this section, a new commercial industrial nonhazardous waste landfill facility, or an areal or capacity expansion of an existing commercial industrial nonhazardous waste landfill unit, may not be located:
  (1) in areas where underlying soil unit(s) within five feet of the base of the containment structure, which includes the sides and bottom of the containment structure, have a Unified Soil Classification of GW (well-graded gravel), GP (poorly-graded gravel), GM (silty gravel), GC (clayey gravel), SW (well-graded sand), SP (poorly-graded sand), or SM (silty sand), or a hydraulic conductivity greater than 1 x 10-5 cm/sec, unless:
    (A) it is in an area where the average annual evaporation exceeds average annual rainfall by more than 40 inches; or
    (B) the soil unit is not sufficiently thick and laterally continuous to provide a significant pathway for waste migration;
  (2) in areas overlying a regional aquifer unless the regional aquifer is separated from the base of the containment structure, which includes the sides and bottom of the containment structure, by a minimum of ten feet of material with a hydraulic conductivity towards the aquifer not greater than 10-7 centimeters per second (cm/sec), or a thicker interval of more permeable material that provides equivalent or greater retardation to pollutant migration;
  (3) on a barrier island or peninsula; or
  (4) within 1,000 feet of an area subject to active coastal shoreline erosion, if the area is protected by a barrier island or peninsula, unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water. On coastal shorelines that are subject to active shoreline erosion and which are unprotected by a barrier island or peninsula, a separation distance from the shoreline to the facility must be at least 5,000 feet unless the design, construction, and operational features of the facility will prevent adverse effects resulting from storm surge and erosion or scouring by water.

Source Note: The provisions of this §335.584 adopted to be effective March 21, 2004, 29 TexReg 2888; amended to be effective October 29, 2009, 34 TexReg 7321