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 330.954 - Development Permit, Development Authorization, and Registration Requirements, Procedures, and Processing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permit required for development over a closed municipal solid waste (MSW)
				  landfill unit.
(1) No person may commence or
				  continue physical construction of an enclosed structure over a closed MSW
				  landfill as defined in §
											330.951 of
				  this title (relating to Definitions) without first submitting a development
				  permit application in accordance with §
											330.956
				  of this title (relating to Application for Proposed or Existing Constructions
				  Over a Closed Municipal Solid Waste Landfill Unit, General Requirements) and
				  receiving a development permit issued by the executive director, except as
				  noted in paragraph (7) of this subsection. The permit issued by the executive
				  director under this subchapter is a development permit and not a permit for the
				  management of solid waste. A permit application for a development permit shall
				  comply with those requirements in this subchapter. A permit application to
				  manage MSW shall comply with the applicable sections of Chapter 281 and Chapter
				  305 of this title (relating to Applications Processing and Consolidated
				  Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for
				  construction of an enclosed structure over a closed MSW landfill that had
				  received a permit under §
											330.7
				  of this title (relating to Permit Required) and had its permit revoked at the
				  end of the post-closure care period in accordance with §
											305.67
				  of this title (relating to Revocation and Suspension upon Request or Consent)
				  or for construction of an enclosed structure over a non-permitted closed MSW
				  landfill. The exact waste boundary may be determined through soil boring tests
				  in accordance with §
											330.953
				  of this title (relating to Soil Test Required before Development), or through
				  alternative investigation methods approved by the executive director.
(3) A development permit for construction of
				  an enclosed structure is required for an entire property that includes a closed
				  MSW landfill with unknown boundaries as defined in §
											330.951 of
				  this title.
(4) The permit
				  application under this subchapter must be received at least 45 days prior to
				  the proposed commencement of construction over the closed MSW landfill
				  unit.
(5) If a person directs an
				  engineer to conduct Soil Test I, and the soil test reveals the existence of a
				  closed MSW landfill unit after the commencement of construction, construction
				  of the enclosed structure being built over the waste area shall cease
				  immediately, and a permit application shall be submitted and a development
				  permit issued before construction of the enclosed structure over the waste area
				  unit can resume. The person may proceed with construction and development of
				  other facilities, including those items listed in the definition of essential
				  improvements.
(6) If a person
				  directs an engineer to conduct either Soil Test II or Soil Test III and the
				  engineer discovers a closed MSW landfill unit as a result of the test, the
				  person shall submit a permit application. Development of an enclosed structure
				  over the closed landfill unit cannot begin until a development permit is
				  issued.
(7) If a person directs an
				  engineer to conduct either Soil Test II or Soil Test III and the engineer does
				  not detect a closed MSW landfill unit as a result of the test, but subsequently
				  discovers a closed MSW landfill unit during the development, the person is not
				  required to submit a permit application but must meet the provisions of §
											330.959
				  of this title (relating to Contents of Registration Application for an Existing
				  Structure Built Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner
				  shall provide the name and physical and mailing addresses of a public building
				  with normal operating hours such as library, city hall, or county courthouse
				  where the application can be viewed by the general public. The facilities where
				  the permit can be viewed shall be in compliance with all applicable
				  requirements of the Americans with Disabilities Act. The application shall also
				  include an adjacent landowner list.