Owners or operators of new municipal solid waste landfill (MSWLF) units, existing MSWLF units, and lateral expansions located in 100-year floodplains shall demonstrate that the unit will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health and the environment. The owner or operator shall submit the demonstration with a permit application, a permit amendment application, or a permit transfer request. The demonstration shall become part of the operating record once approved.

Source Note:The provisions of this §330.301 adopted to be effective October 9, 1993, 18 TexReg 4023.