30 TAC § 335.557. Criteria for Selection of Nonresidential Soil Requirements for Risk Reduction Standard Number 2
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Texas Administrative Code › Title 30 ENVIRONMENTAL QUALITY › Part 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › 30 TAC § 335.557
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All facilities or areas shall be subject to the residential soil requirements unless one of the conditions of paragraphs (1)-(3) of this section is satisfied for use of the nonresidential soil requirements.
(1) For property located within the jurisdictional area of a zoning authority, persons may provide documentation that the property is zoned for commercial or industrial use.
(2) For property not located within the jurisdictional area of a zoning authority, persons may provide documentation that the activities being conducted on the property satisfy the definition for nonresidential property (§335.553 of this title (relating to Definitions)).
(3) For government-owned (local, state, or federal) property which does not satisfy either of the conditions of paragraph (1) or (2) of this section but does have nonresidential activities occurring on all or portions of the property, the person may provide documentation
that access will be restricted such that the exposure assumptions remain valid for the duration of government control.
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