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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1634 <br /> <br />Page 2 <br /> <br />the hazardous waste incinerator or (b) the filing of an <br />application with the Texas Water Commission for a <br />hazardous waste permit for the hazardous waste <br />incinerator. <br />(3) No hazardous waste incinerator facility which accepts for <br />treatment, storage, or disposal, hazardous waste generated <br />off-site, and which has a design operating capacity in <br />excess of seventy-five million (75,000,000) BTU per hour <br />may be located within ten thousand (10,000) feet of an <br />established residence, church, school, or dedicated public <br />park which is in use at the time of the earlier to occur <br />of: (a) the filing of a notice of intent to file an <br />application for the hazardous waste incinerator or (b) the <br />filing of an application with the Texas Water Commission <br />for a hazardous waste permit for the hazardous waste <br />incinerator. <br />B. The provisions of this Section 2 shall not apply to any <br />hazardous waste incineration facility or hazardous waste <br />incinerator for which either: (a) a notice of intent to file <br />an application, or (b) an application for a hazardous waste <br />facility permit, has been filed with the Texas Water Commission <br />as of September 1, 1985. <br />C. The provisions of this Section 2 shall not apply to any solid <br />waste facility which is in existence as of the date this <br />ordinance would otherwise become applicable to the facility, <br />provided the facility is operated in substantial compliance with <br />all applicable state and county regulations. A facility shall <br />be considered "in existence" as of a particular date only to <br />the extent: (a) of then - current state and federal operating <br />authorization for operational units, structures, other <br />appurtenances and improvements used for the storing, processing <br />or disposing of solid waste and (b) that such operational units, <br />structures, other appurtenances and improvements so authorized <br />actually are, on or within ninety (90) days of the particular <br />