The facility and the operation of the facility must not result in the destruction or adverse modification of the critical habitat of endangered or threatened species, or cause or contribute to the taking of any endangered or threatened species. Criteria for the protection of endangered species are listed in §330.53(b)(13) of this title (relating to Technical Requirements of Part II of the Application). Facilities must be operated in conformance with any endangered or threatened species protection plan required by the commission.

Source Note:The provisions of this §330.129 adopted to be effective October 9, 1993, 18 TexReg 4023; amended to be effective December 2, 2004, 29 TexReg 11054.