Texas Statutes
Subchapter C. Permits
Section 382.053. Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations

Sec. 382.053. PROHIBITION ON ISSUANCE OF CONSTRUCTION PERMIT FOR LEAD SMELTING PLANT AT CERTAIN LOCATIONS. (a) The commission may not grant a construction permit for a lead smelting plant at a site:
(1) located within 3,000 feet of an individual's residence; and
(2) at which lead smelting operations have not been conducted before August 31, 1987.
(b) This section does not apply to:
(1) a modification of a lead smelting plant in operation on August 31, 1987;
(2) a lead smelting plant or modification of a plant with the capacity to produce not more than 200 pounds of lead each hour; or
(3) a lead smelting plant that, when the plant began operation, was located more than 3,000 feet from the nearest residence.
(c) In this section, "lead smelting plant" means a facility operated as a smeltery for processing lead.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.164, eff. Sept. 1, 1995.

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