Sec. 382.053. PROHIBITION ON ISSUANCE OF CONSTRUCTION PERMIT FOR LEAD SMELTING PLANT AT CERTAIN LOCATIONS. (a) The commission may not grant a construction permit for a lead smelting plant at a site: (1) located within 3,000 feet of an individual's residence; and (2) at which lead smelting operations have not been conducted before August 31, 1987. (b) This section does not apply to: (1) a modification of a lead smelting plant in operation on August 31, 1987; (2) a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour; or (3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence. (c) In this section, "lead smelting plant" means a facility operated as a smeltery for processing lead.
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