Definition

A facility for which a person is required to obtain a hazardous waste permit from the Texas Water Commission pursuant to the Texas Solid Waste Disposal Act (Chapter 361 of the Texas Health and Safety Code). The term "hazardous waste permit" means that permit required to be obtained from the Texas Water Commission pursuant to Section 361.082 of that Act for the processing, storage, or disposal of hazardous waste. In accordance with that Act:

• DISPOSAL means the discharging, depositing, injecting, dumping, spilling, leaking, or placing of hazardous waste, whether containerized or uncontainerized, into or on land or water so that the hazardous waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner
• FACILITY means all contiguous land, including structures, appurtenances, and other improvements on the land, used for the processing, storage, or disposal of hazardous waste on the building site
• HAZARDOUS WASTE means solid waste, as defined by state law, identified or listed as hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.)
• PROCESSING means the extraction of materials from or the transfer, volume reduction, conversion to energy, or other separation and preparation of hazardous waste for reuse or disposal. The term includes the treatment or neutralization of hazardous waste designed to change the physical, chemical, or biological character or composition of a hazardous waste so as to neutralize the waste, recover energy or material from the waste, render the waste nonhazardous or less hazardous, make it safer to transport, store, or dispose of, or render it amenable for recovery or storage, or reduce its volume. The term does not include activities concerning those materials exempted by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et seq.), unless the Texas Water Commission or the Texas Department of Health determines that regulation of the activity under the Texas Solid Waste Disposal Act is necessary to protect human health or the environment
• STORAGE means the temporary holding of hazardous waste, after which the waste is processed, disposed of, or stored elsewhere. [Note: The term "temporary holding" in this definition is subject to interpretation by the Texas Water Commission.]

Required Off-Street Loading
 

Additional Provisions

• 1. This use must fully comply with all applicable local, state, and federal laws and reguations
• 2. This use must not be located within 1,000 feet of an established residence, church, school, or dedicated public park which is in use at the time the notice of intent to file a hazardous waste permit application is filed with the Texas Water Commission, or if no such notice is filed, at the time the permit application is filed with the commission
• 3. This use shall at all times be considered a separate main use. This use cannot be an accessory use within the meaning of Section 51A-4.217.
• 4. When operated as a hazardous waste incinerator, this use must front on a principal arterial and be located
• on a lot that is no smaller than five acres in size
• at least 200 feet from the lot line;
• at least two miles from all lots containing municipal and hazardous waste incinerators
• at least one mile from all lots containing medical/ infectious and pathological waste incinerators; and at least 1,500 feet from all lots containing residential; public or private school; church; public park, playground, or golf course; convalescent or nursing home; medical clinic or ambulatory surgical center; and hospital uses.
• 5. No outside storage is permitted in conjunction with this use when it is operated as a hazardous waste incinerator.
• 6. In the event of a conflict between these use regulations and any other provision in this chapter, these use regulations control.