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.
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