Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter T - USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS › Section 330.951 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise noted, all terms contained in this section
					 are defined by their plain meaning. This section contains definitions that are
					 applicable only to this subchapter and that supersede definitions in §
										330.3 of
					 this title (relating to Definitions) where those terms appear in this
					 subchapter. As used in this subchapter, words in the singular include the
					 plural and words in the plural include the singular. The following words and
					 terms, when used in this subchapter, have the following meanings.
(1) Alteration--Minor changes and standard
				  redesign activities common in residential and commercial structures, such as
				  moving walls and doors, that will not affect the foundation or increase the
				  horizontal extent of the foundation.
(2) Authorization--A written approval issued
				  by the executive director that, by its conditions, may allow the disturbance of
				  the integrity of the final cover.
(3) Closed municipal solid waste landfill--A
				  permitted or previously permitted municipal solid waste landfill, a municipal
				  solid waste landfill which has never been permitted, or a dumping area as
				  defined in this section, which stopped receiving waste and completed the
				  closure activities.
(4) Closure
				  plan--A plan addressing the placement of a final cap on a closed municipal
				  solid waste landfill where waste is exposed or the existing cap is
				  inadequate.
(5) Construction--The
				  inception of an activity that provides improvements necessary for the
				  utilization of an enclosed structure.
(6) Develop and/or development--Any activity
				  on or related to real property that is intended to lead to the construction or
				  alteration of an enclosed structure for the use and/or occupation of people for
				  an industrial, commercial, or public purpose or to the construction of
				  residences for three or more families, including subdivisions that will include
				  single-family homes and duplexes.
(7) Development permit--A written permit
				  issued by the executive director that, by its conditions, may authorize a
				  person or persons to develop an enclosed structure over a closed municipal
				  solid waste landfill unit. The development permit does not supersede local
				  building and development permits, but is an additional permit.
(8) Dumping area--An non-permitted area of
				  land or an excavation with unknown boundaries or which have had the boundaries
				  determined through subsequent investigation that has received only municipal
				  solid waste or municipal solid waste combined with other solid wastes,
				  including but not limited to, construction/demolition waste, commercial solid
				  waste, nonhazardous sludge, conditionally exempt small-quantity generator
				  hazardous waste, and industrial solid waste, and that is not a land treatment
				  unit, surface impoundment, injection well, or waste pile as those terms are
				  defined in §
										330.3 of
				  this title (relating to Definitions).
(9) Enclosed structure or structure--Any
				  permanent structure that is intended to be or has the potential of being used
				  or occupied by people for an industrial, commercial, public, or residential
				  purpose.
(10) Essential
				  improvements--All improvements and appurtenances including, but not limited to,
				  the excavations for the structure, installation of utilities, on-site
				  wastewater disposal facilities, grading and drainage improvements, access
				  drives and parking lots, foundation, security, fencing, landscape plantings,
				  and irrigation systems necessary for the utilization of an enclosed
				  structure.
(11) Existing
				  structure--Any enclosed structure that began development prior to September 1,
				  1993.
(12) Permitted
				  development--An enclosed structure or group of enclosed structures that have
				  been issued a development permit.
(13) Post-closure care--The period of time
				  beginning with the professional engineer certification of completing final
				  closure activities as accepted by the executive director in accordance with
				  §§330.453(f), 330.455(c), or 330.457(f)(5) of this title (relating to
				  Closure and Post-Closure) and ending with the professional engineer
				  certification of completion of post-closure care maintenance as accepted by the
				  executive director in accordance with §
										330.463
				  of this title (relating to Post-Closure Care Requirements). Monitoring and
				  maintenance activities are required during the post-closure care period in
				  accordance with §
										330.463
				  of this title.
(14) Post-closure
				  care landfills--A municipal solid waste landfill facility that has received a
				  municipal solid waste permit under §
										330.7
				  of this title (relating to Permit Required) and is currently in the
				  post-closure care period as defined in this section.
(15) Registration--A document issued by the
				  executive director regarding submitted information for an existing enclosed
				  structure built over a closed municipal solid waste landfill unit that does not
				  require a development permit.
(16)
				  Site operating plan--A prepared document that provides guidance for operations
				  and procedures necessary to maintain human safety and environmental protection
				  at the development, permitted development, or existing structure in a manner
				  consistent with the development permit and the commission's
				  regulations.
(17) Structures gas
				  monitoring plan--A document prepared by a licensed professional engineer that
				  provides procedures to ensure the detection of landfill gases and the
				  prevention of migration of landfill gases into enclosed structures.