Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
Subchapter P - WARNING SIGNS AND CONTAMINATED AREAS
Section 335.443 - Determination of Potential Hazard to Public Health

Universal Citation: 30 TX Admin Code § 335.443

Current through Reg. 50, No. 13; March 28, 2025

(a) Prior to placing warning signs on contaminated property, a determination must be made by the executive director of the Texas Water Commission that there exists a potential hazard to public health and safety which will be eliminated or reduced by placing a warning sign on the contaminated property. The executive director of the Texas Water Commission may consult with the Texas Department of Health in making this determination where appropriate. During the initial site investigation, if there is sufficient information, the following factors should be considered in determining whether a potential hazard to public health and safety exists:

(1) character of the contaminant(s), based on labeling, type of container, if any, the presence of any marking or labeling indicating the contents of any container present, laboratory analyses of the contaminant(s), or media containing the contaminant(s), or other relevant factors;

(2) amount and/or suspected concentration of the contaminant(s);

(3) the known or suspected health effects of the contaminant(s);

(4) accessibility of the contaminated area to the public;

(5) route(s) of exposure;

(6) proximity of schools, hospitals, and residential areas; and

(7) potential for wind dispersal or other potential pathway(s) for migration of the contaminant(s).

(b) It is presumed by the Texas Water Commission that a hazard to the public health and safety exists if, at any point during the site investigation, the following conditions are found:

(1) illnesses are observed or alleged to be related to the contaminants present at the site;

(2) known or suspected toxic or carcinogenic materials are detected at concentrations which could potentially affect public health and safety;

(3) mutagenic, teratogenic, or other materials which may be detrimental to reproduction are discovered; or

(4) hazardous substances are found in an area accessible to the public.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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