Sec. 401.217.  LOCATION OF DISPOSAL FACILITY SITE.  The commission may not issue a license for a compact waste disposal facility or license the operation of a federal facility waste disposal facility if the disposal facility site is located:
(1)  in a county any part of which is located 62 miles or less from an international boundary;
(2)  in a county in which the average annual rainfall is greater than 20 inches;
(3)  in a county that adjoins river segment 2309, 2310, or 2311 as identified by the commission in the Texas Surface Water Quality Standards, 30 T.A.C. Section 307.10(3);
(4)  in a 100-year flood plain;  or
(5)  less than 20 miles upstream of or up-drainage from the maximum elevation of the surface of a reservoir project that:
(A)  has been constructed or is under construction by the United States Bureau of Reclamation or the United States Army Corps of Engineers;  or
(B)  has been approved for construction by the Texas Water Development Board as part of the state water plan under Subchapter C, Chapter 16, Water Code.
Added by Acts 2003, 78th Leg., ch. 1067, Sec. 7, eff. Sept. 1, 2003.