reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.451 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements in this subchapter apply to all municipal solid waste (MSW)
				  landfill units or MSW facilities as defined in §
										330.5
				  of this title (relating to Classification of Municipal Solid Waste
				  Facilities).
(b) The owner or
				  operator of all existing MSW landfill units or lateral expansions at a facility
				  who is unable to comply with §
										330.545
				  of this title (relating to Airport Safety), §
										330.547 of
				  this title (relating to Floodplains), or §
										330.559
				  of this title (relating to Unstable Areas), as applicable; shall complete final
				  closure of the unit or facility by October 9, 1996, and conduct post-closure
				  activities in accordance with §
										330.463(a)
				  of this title (relating to Post-Closure Care Requirements).
(c) The deadline for closure required by
				  subsection (b) of this section may be extended up to two years if the owner or
				  operator of the MSW landfill unit or MSW facility submits to the executive
				  director for review and approval a request for an extension of the closure
				  deadline that demonstrates to the satisfaction of the executive director that
				  there is no alternative disposal capacity and there is no immediate threat to
				  human health and the environment from the unclosed MSW landfill unit or MSW
				  facility.
(d) Permits that existed
				  before the comprehensive rule revisions of this chapter adopted in 2006 became
				  effective remain valid subject to the requirements of §
										330.401(b)
				  of this title (relating to Applicability).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.453 - Closure Requirements for Municipal Solid Waste Landfill Units that Stopped Receiving Waste Prior to October 9, 1991, Type IV Landfills, and Municipal Solid Waste Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) The final cover
				  system shall be composed of no less than two feet of soil. The first 18 inches
				  or more of cover shall be of clayey soil, classification sand clayey (SC) or
				  low plasticity clayey (CL) as defined in the "Unified Soils Classification
				  System" developed by the United States Army Corps of Engineers, compacted in
				  layers of no more than six inches to minimize the potential for water
				  infiltration. A high plasticity clayey (CH) soil may be used; however, this
				  soil may experience excessive cracking and shall therefore be covered by a
				  minimum of 12 inches of topsoil to retain moisture. Other types of soil may be
				  used with prior written approval from the executive director.
(b) The final six inches of cover shall be of
				  suitable topsoil that is capable of sustaining native plant growth and shall be
				  seeded or sodded immediately following the application of the final cover in
				  order to minimize erosion.
(c) Side
				  slopes of the final cover for all above-ground disposal areas (aerial fills)
				  shall not exceed a 25% grade (four feet horizontal to one foot vertical). Side
				  slopes for the final cover in excess of 25% may be authorized by the executive
				  director, provided that controlled drainage such as flumes, diversion terraces,
				  spillways, or other acceptable methods are incorporated into the final cover
				  system design in the site development plan and submitted to the executive
				  director for review and approval. The final cover for the topmost portion of a
				  unit or facility shall have a gradient of not less than 2.0% and not greater
				  than 6.0%, and shall possess a sufficient minimum grade to preclude ponding of
				  surface water when total fill height and expected subsidence are taken into
				  consideration.
(d) The executive
				  director may approve an alternative final cover design that:
(1) achieves an equivalent reduction in
				  infiltration as the clayey soil cover infiltration layer specified in
				  subsection (a) of this section; and
(2) provides equivalent protection from wind
				  and water erosion as the topsoil layer specified in subsection (b) of this
				  section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.455 - Closure Requirements for Municipal Solid Waste Landfill Units that Received Waste on or after October 9, 1991, but Stopped Receiving Waste Prior to October 9, 1993

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
				  operator of these units shall comply with all final cover requirements as
				  specified in §
										330.457
				  of this title (relating to Closure Requirements for Municipal Solid Waste
				  Landfill Units that Receive Waste on or after October 9, 1993).
(b) The final cover shall be completed by
				  October 9, 1994. Owners or operators of municipal solid waste landfill units
				  that fail to complete final cover installation within this 180-day period will
				  be subject to all requirements of §
										330.463(b)
				  of this title (relating to Post-Closure Care Requirements) unless otherwise
				  specified.
(c) After completion of
				  closure, the owner or operator of these municipal solid waste landfill units or
				  facilities shall comply with all post-closure care requirements for the final
				  cover of these units or facilities as specified in §
										330.463(a)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.457 - Closure Requirements for Municipal Solid Waste Landfill Units that Receive Waste on or after October 9, 1993

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner or operator shall install a final cover system for the unit that is
				  designed and constructed to minimize infiltration and erosion. The final cover
				  system shall be composed of no less than two feet of soil and consist of a
				  clay-rich soil cover layer overlain by an erosion layer as follows.
(1) For municipal solid waste landfill (MSW)
				  units with a synthetic bottom liner, a synthetic membrane that has a
				  permeability less than or equal to the permeability of any bottom liner system
				  overlain by a clay-rich soil cover layer consisting of a minimum of 18 inches
				  of earthen material with a coefficient of permeability no greater than 1 x 10 
				  -5 centimeters/second (cm/sec). The
				  minimum thickness of the synthetic membrane shall be 20 mils, or 60 mils in the
				  case of high-density polyethylene, in order to ensure proper seaming of the
				  synthetic membrane.
(2) For MSW
				  landfill units with no synthetic bottom liner, the clay-rich soil cover layer
				  shall consist of a minimum of 18 inches of earthen material with a coefficient
				  of permeability less than or equal to the permeability of any constructed
				  bottom liner or natural subsoil present. The coefficient of permeability of the
				  infiltration layer shall in no case exceed 1 x 10-5
				  cm/sec, even though the coefficient of permeability of the constructed bottom
				  liner or natural subsoil is greater than 1 x 10-5
				  cm/sec or no data exist for the value(s) of the coefficient of permeability of
				  the constructed bottom liner or natural subsoil.
(3) For all MSW landfill units, the erosion
				  layer shall consist of a minimum of six inches of earthen material that is
				  capable of sustaining native plant growth and shall be seeded or sodded
				  immediately following the application of the final cover in order to minimize
				  erosion.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.459 - Closure Requirements for Municipal Solid Waste Storage and Processing Units

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or
				  operator shall remove all waste, waste residues, and any recovered materials.
				  Facility units shall either be dismantled and removed off-site or
				  decontaminated.
(b) The owner or
				  operator shall evacuate all material on-site (feedstock, in process, and
				  processed) to an authorized facility and disinfect all leachate handling units,
				  tipping areas, processing areas, and post-processing areas.
(c) If there is evidence of a release from a
				  municipal solid waste unit, the executive director may require an investigation
				  into the nature and extent of the release and an assessment of measures
				  necessary to correct an impact to groundwater.
(d) A recycling facility that stores
				  combustible material outdoors, or that poses a significant risk to public
				  health and safety as determined by the executive director, must comply with the
				  following closure requirements.
(1) Closure
				  must include collecting processed and unprocessed materials, and transporting
				  the materials to an authorized facility for disposition unless otherwise
				  approved or directed in writing by the executive director.
(2) Closure of the facility must be completed
				  within 180 days following the most recent acceptance of processed or
				  unprocessed materials unless otherwise directed or approved in writing by the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.463 - Post-Closure Care Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Post-closure care maintenance requirements for municipal solid waste management
				  units subject to the applicable requirements of this subsection.
(1) For a minimum of the first five years
				  after professional engineer certification of the completion of closure as
				  accepted by the executive director, the owner or operator shall retain the
				  right of entry to and maintain all rights-of-way of a closed municipal solid
				  waste management unit in order to conduct periodic inspections of the closed
				  unit. The owner or operator shall correct, as needed, erosion of cover
				  material, lack of vegetative growth, leachate or methane migration, and
				  subsidence or ponding of water on the unit. If any of these problems occur
				  after the end of the five-year post-closure period or persist for longer than
				  the first five years of post-closure care, the owner or operator shall be
				  responsible for their correction until the executive director determines that
				  all problems have been adequately resolved. The executive director may reduce
				  the post-closure period for the unit if all wastes and waste residues have been
				  removed during closure.
(2) Any
				  monitoring programs (groundwater monitoring, resistivity surveys, methane
				  monitoring, etc.) in effect during the life of the unit shall be continued
				  during the post-closure care period.
(3) If there is evidence of a release from a
				  municipal solid waste unit, the executive director may require an investigation
				  into the nature and extent of the release and an assessment of measures
				  necessary to correct an impact to groundwater.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.465 - Certification of Completion of Post-Closure Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Following completion of the post-closure
				  care maintenance period for each municipal solid waste landfill unit, the owner
				  or operator shall submit to the executive director for review and approval a
				  certification, signed by an independent licensed professional engineer,
				  verifying that post-closure care has been completed in accordance with the
				  approved post-closure plan. The submittal to the executive director shall
				  include all applicable documentation necessary for the certification of
				  completion of post-closure care.
(b) Upon completion of the post-closure care
				  period for the final unit at a facility, the owner and operator shall also
				  submit to the executive director a request for voluntary revocation of the
				  facility permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter L - CLOSURE, POST-CLOSURE, AND CORRECTIVE ACTION COST ESTIMATES › Section 330.501 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The closure, post-closure, or corrective action cost
					 estimate requirements of this section apply to owners and operators of any
					 municipal solid waste facility authorized under this chapter required to have
					 financial assurance and any municipal solid waste process facility as defined
					 in §
										330.5(a)
					 of this title (relating to Classification of Municipal Solid Waste Facilities)
					 that stores combustible material outdoors, or that poses a significant risk to
					 public health and safety as determined by the executive
					 director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter L - CLOSURE, POST-CLOSURE, AND CORRECTIVE ACTION COST ESTIMATES › Section 330.503 - Closure Cost Estimates for Landfills

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The owner or operator shall provide a detailed written cost estimate, in
				  current dollars, showing the cost of hiring a third party to close the largest
				  waste fill area that could potentially be open in the year to follow and those
				  areas that have not received final cover in accordance with the final closure
				  plan. For any landfill this means the completion of the final closure
				  requirements for active and inactive fill areas. The owner or operator shall
				  submit the cost estimate for financial assurance with any new permit
				  application, with any application for a permit transfer, and as a modification
				  for all existing municipal solid waste permits that remain in effect after
				  October 9, 1993.
(1) The owner or operator
				  shall review the facility's permit conditions on an annual basis and verify
				  that the current active areas match the areas on which closure cost estimates
				  are based.
(2) An increase in the
				  closure cost estimate and the amount of financial assurance provided under
				  subsection (b) of this section shall be made if changes to the final closure
				  plan or the landfill conditions increase the maximum cost of closure at any
				  time during the remaining active life of the unit.
(3) A reduction in the closure cost estimate
				  and the amount of financial assurance provided under subsection (b) of this
				  section may be approved if the cost estimate exceeds the maximum cost of
				  closure at any time during the remaining life of the unit and the owner or
				  operator has provided written notice to the executive director of the situation
				  that includes a detailed justification for the reduction of the closure cost
				  estimate and the amount of financial assurance. The owner or operator may
				  request a reduction in the cost estimate and the financial assurance as a
				  permit modification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter L - CLOSURE, POST-CLOSURE, AND CORRECTIVE ACTION COST ESTIMATES › Section 330.505 - Closure Cost Estimates for Storage and Processing Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Closure cost estimates.
(1) Except as otherwise approved by the
				  executive director, an owner or operator of a recycling facility that stores
				  combustible material outdoors, or that poses a significant risk to public
				  health and safety as determined by the executive director, shall provide a
				  written cost estimate, in current dollars, showing the cost of hiring a third
				  party to close the process facility by disposition of all processed and
				  unprocessed materials in accordance with all applicable regulations.
(2) The estimate for storage and processing
				  units must:
(A) equal the costs of closure of
				  the facility, including disposition of the maximum inventories of all waste and
				  processed and unprocessed combustible materials stored outdoors on site during
				  the life of the facility, in accordance with all applicable
				  regulations;
(B) be based on the
				  costs of hiring a third party that is not affiliated (as defined in §
												328.2 of
				  this title (relating to Definitions) with the owner or operator; and
(C) be based on a per cubic yard and/or short
				  ton measure for collection and disposition costs.
(3) An increase in the closure cost estimate
				  and the amount of financial assurance provided under subsection (b) of this
				  section must be made if changes to the facility conditions increase the maximum
				  cost of closure at any time during the active life of the facility.
(4) A reduction in the closure cost estimate
				  and the amount of financial assurance provided under subsection (b) of this
				  section may be approved if the cost estimate exceeds the maximum cost of
				  closure at any time during the remaining life of the facility and the owner or
				  operator has provided written notice to the executive director of the detailed
				  justification for the reduction of the closure cost estimate and the amount of
				  financial assurance. For a permitted or registered facility, a reduction in the
				  cost estimate and the financial assurance must be considered a modification and
				  must be handled as such.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter L - CLOSURE, POST-CLOSURE, AND CORRECTIVE ACTION COST ESTIMATES › Section 330.507 - Post-Closure Care Cost Estimates for Landfills

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator shall provide a
				  detailed written cost estimate, in current dollars, of the cost of hiring a
				  third party to conduct post-closure care activities for the municipal solid
				  waste unit, in accordance with the post-closure care plan. The post-closure
				  care cost estimate used to demonstrate financial assurance in subsection (b) of
				  this section shall account for the total costs of conducting post-closure care
				  for the largest area that could possibly require post-closure care in the year
				  to follow, including annual and periodic costs as described in the post-closure
				  care plan over the entire post-closure care period. The cost estimate for
				  financial assurance shall be submitted with any new permit application, with
				  any application for a permit transfer, and as a modification for all existing
				  municipal solid waste permits that remain in effect after October 9, 1993.
(1) An increase in the post-closure care cost
				  estimate and the amount of financial assurance provided under subsection (b) of
				  this section shall be made if changes in the post-closure care plan or the unit
				  conditions increase the maximum costs of post-closure care.
(2) A reduction in the post-closure care cost
				  estimate and the amount of financial assurance provided under subsection (b) of
				  this section may be allowed if the cost estimate exceeds the maximum costs of
				  post-closure care remaining over the post-closure care period and the owner or
				  operator has provided written notice to the executive director of the detailed
				  justification for the reduction of the post-closure cost estimate and the
				  amount of financial assurance. The owner or operator may request a reduction in
				  the cost estimate and the financial assurance as a permit
				  modification.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter L - CLOSURE, POST-CLOSURE, AND CORRECTIVE ACTION COST ESTIMATES › Section 330.509 - Corrective Action Cost Estimates for Landfills

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator of a municipal
				  solid waste management unit required to undertake a corrective action program
				  under §
										330.415
				  of this title (relating to Implementation of the Corrective Action Program)
				  shall prepare a detailed written cost estimate, in current dollars, of the cost
				  of hiring a third party to perform the corrective action program. The
				  corrective action cost estimate shall account for the total costs of corrective
				  action activities as described in the corrective action plan for the entire
				  corrective action period. The owner or operator shall submit the cost estimate
				  for financial assurance with the corrective action plan. Financial assurance
				  shall be required for each separate corrective action program established for a
				  municipal solid waste unit.
(1) The
				  corrective action cost estimate and the amount of financial assurance provided
				  under subsection (b) of this section shall be increased if changes in the
				  corrective action program or unit conditions increase the maximum costs of
				  corrective action.
(2) A reduction
				  in the cost estimate and the amount of financial assurance for corrective
				  action provided under subsection (b) of this section may be approved if the
				  cost estimate exceeds the maximum remaining costs of corrective action at any
				  time during the remaining corrective action period and the owner or operator
				  has provided written notice to the executive director that includes a detailed
				  justification for the reduction of the corrective action cost estimate and the
				  amount of financial assurance. The owner or operator may request a reduction in
				  the cost estimate and the financial assurance as a modification to the
				  corrective action plan.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.541 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies in accordance with the conditions
					 specified in §
										330.1
					 and §
										330.451
					 of this title (relating to Purpose and Applicability; and
					 Applicability).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.545 - Airport Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners or
				  operators of new municipal solid waste landfill units, existing municipal solid
				  waste landfill units, vertical or lateral expansions, and landfill mining
				  operations that are located within 10,000 feet of any airport runway end used
				  by turbojet aircraft or within 5,000 feet of any airport runway end used by
				  only piston-type aircraft shall demonstrate that the units are designed and
				  operated so that the municipal solid waste landfill unit does not pose a bird
				  hazard to aircraft.
(b) Owners or
				  operators proposing to site new municipal solid waste landfill units and
				  lateral expansions located within a six-mile radius of any small general
				  service airport runway end used by turbojet or piston-type aircraft shall
				  notify the affected airport and the Federal Aviation Administration. Owners or
				  operators proposing to site new municipal solid waste landfill units and
				  lateral expansions located within a five-mile radius of any large general
				  public commercial airport runway end used by turbojet or piston-type aircraft
				  shall notify the affected airport and the Federal Aviation
				  Administration.
(c) The owner or
				  operator shall submit the demonstration in subsection (a) of this section with
				  a permit application or a permit amendment application. The demonstration will
				  be considered a part of the operating record once approved.
(d) Landfills disposing of putrescible waste
				  shall not be located in areas where the attraction of birds can cause a
				  significant bird hazard to low-flying aircraft. Guidelines regarding location
				  of landfills near airports can be found in Federal Aviation Administration
				  Order 5200.5(A), January 31, 1990. All landfill facilities within a six-mile
				  radius of any small general service airport runway or within a five-mile radius
				  of any large general public commercial airport runway shall be critically
				  evaluated to determine if an incompatibility exists.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.547 - Floodplains

Current through Reg. 49, No. 28; July 12, 2024
(a) No solid waste
				  disposal operations shall be permitted in areas that are located in a 100-year
				  floodway as defined by the Federal Emergency Management
				  Administration.
(b) New municipal
				  solid waste management units, existing municipal solid waste units, and lateral
				  expansions located in 100-year floodplains shall not restrict the flow of the
				  100-year flood, reduce the temporary water storage capacity of the floodplain,
				  or result in washout of solid waste so as to pose a hazard to human health and
				  the environment.
(c) Municipal
				  solid waste storage and processing facilities shall be located outside of the
				  100-year floodplain unless the owner or operator can demonstrate that the
				  facility is designed and will operate to prevent washout during a 100-year
				  storm event, or obtains a conditional letter of map amendment from the Federal
				  Emergency Management Administration administrator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.549 - Groundwater

Current through Reg. 49, No. 28; July 12, 2024
(a) If located over
				  the recharge zone of the Edwards Aquifer, a municipal solid waste facility is
				  subject to Chapter 213 of this title (relating to Edwards Aquifer). The Edwards
				  Aquifer Recharge Zone is specifically that area delineated on maps maintained
				  by the executive director. In accordance with §
										213.8(a)(5)
				  of this title (relating to Prohibited Activities), a Type I or Type IAE
				  landfill is prohibited on the recharge zone of the Edwards Aquifer.
(b) Unless the executive director approves an
				  engineered design that the applicant has demonstrated will provide equal or
				  greater protection to human health and the environment, a new landfill cell or
				  an areal expansion of an existing landfill cell managing Class 1 industrial
				  solid waste may not be located in areas described in §
										335.584(b)(1) and
				  (2) of this title (relating to Location
				  Restrictions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.551 - Endangered or Threatened Species

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  facility and the operation of a facility shall not result in the destruction or
				  adverse modification of the critical habitat of endangered or threatened
				  species, or cause or contribute to the taking of any endangered or threatened
				  species.
(b) The following words
				  and terms have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Harassing--An intentional or
				  negligent act or omission that creates the likelihood of injury to wildlife by
				  annoying it to such an extent as to significantly disrupt normal behavioral
				  patterns that include, but are not limited to, breeding, feeding, or
				  sheltering.
(2) Harming--An act of
				  omission that actually injures or kills wildlife, including acts that annoy it
				  to such an extent as to significantly disrupt essential behavioral patterns,
				  that include, but are not limited to, breeding, feeding, or sheltering;
				  significant environmental modification or degradation that has such effects is
				  included within the meaning of harming.
(3) Taking--Harassing, harming, pursuing,
				  hunting, wounding, trapping, capturing, or collecting an endangered or
				  threatened species or attempting to engage in such conduct.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.557 - Seismic Impact Zones

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this section, a seismic impact zone is
					 defined as an area with a 10% or greater probability that the maximum
					 horizontal acceleration in lithified earth material, expressed as a percentage
					 of the earth's gravitational pull, will exceed 0.10g in 250 years. Maximum
					 horizontal acceleration is defined as the maximum expected horizontal
					 acceleration depicted on a seismic hazard map, with a 90% or greater
					 probability that the acceleration will not be exceeded in 250 years, or the
					 maximum expected horizontal acceleration based on a site-specific seismic risk
					 assessment. Lithified earth material is defined as all rocks, including all
					 naturally occurring and naturally formed aggregates or masses of minerals or
					 small particles of older rock that formed by crystallization of magma or by
					 induration of loose sediments. This term does not include man-made materials,
					 such as fill, concrete, and asphalt, or unconsolidated earth materials, soil,
					 or regolith lying at or near the earth surface. New municipal solid waste
					 landfill units and lateral expansions shall not be located in seismic impact
					 zones, unless the owner or operator demonstrates to the executive director that
					 all containment structures, including liners, leachate collection systems, and
					 surface water control systems, are designed to resist the maximum horizontal
					 acceleration in lithified earth material for the site. The owner or operator
					 shall submit the demonstration with a permit application or a permit amendment
					 application. The demonstration must become part of the operating record once
					 approved.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.559 - Unstable Areas

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this section, an unstable area is
					 defined to be a location that is susceptible to natural or human-induced events
					 or forces capable of impairing the integrity of some or all of a landfill's
					 structural components responsible for preventing releases from the landfill;
					 unstable areas can include poor foundation conditions, areas susceptible to
					 mass movement, and karst terrains. Owners or operators of new municipal solid
					 waste landfill units, existing landfill units, and lateral expansions located
					 in an unstable area shall demonstrate that engineering measures have been
					 incorporated into the landfill unit's design to ensure that the integrity of
					 the structural components of the landfill unit will not be disrupted. The owner
					 or operator shall submit the demonstration with a permit application or a
					 permit amendment application. The demonstration must become part of the
					 operating record once approved. The owner or operator shall consider the
					 following factors, at a minimum, when determining whether an area is
					 unstable:
(1) on-site or local soil
				  conditions that may result in significant differential settling;
(2) on-site or local geologic or
				  geomorphologic features; and
(3)
				  on-site or local human-made features or events (both surface and
				  subsurface).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.561 - Coastal Areas

Current through Reg. 49, No. 28; July 12, 2024
A new landfill cell or an areal expansion of an existing
					 landfill cell managing Class 1 industrial solid waste may not be located in
					 areas described in §
										335.584(b)(3) and
					 (4) of this title (relating to Location
					 Restrictions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.563 - Type I and Type IV Landfill Permit Issuance Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may not issue a permit for
				  a Type IV landfill that is subject to the conditions specified in Texas Health
				  and Safety Code, §
										361.122,
				  Denial of Certain Landfill Permits.
(b) The commission may not issue a permit for
				  a Type I or Type IV landfill that is subject to the conditions specified in
				  Texas Health and Safety Code, §
										361.123,
				  Limitation on Location of Municipal Solid Waste Landfills.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.601 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
All landfill mining operations shall comply with all of the
					 following general requirements.
(1)
				  Operations on a municipal solid waste landfill unit. Landfill mining activities
				  shall be conducted in such a manner that they do not disrupt landfill
				  operations.
(2) Leachate. Leachate
				  found while uncovering buried waste shall be properly disposed of in an
				  authorized facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.603 - Variances

Current through Reg. 49, No. 28; July 12, 2024
(a) In specific
				  cases the executive director may approve a variance from the requirements of
				  this subchapter due to special conditions, if the variance is not contrary to
				  safeguarding the health, welfare, and physical property of the people and to
				  protecting the environment. A variance may not be approved concerning the
				  procedural requirements of this subchapter, including application procedures
				  and the filing of reports, or concerning the provisions of §
										330.607
				  of this title (relating to Air Quality Requirements).
(b) A request for a variance must be
				  submitted in writing to the executive director. The request may be made in an
				  application for a registration. Any approval of a variance must be in writing
				  from the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.605 - Relationship with Operating Landfills

Current through Reg. 49, No. 28; July 12, 2024
Landfill mining facilities considered to be in conjunction
					 with permitted landfill facilities may be located at municipal solid waste
					 permitted facilities. The owner shall prepare and submit an application for a
					 permit modification in accordance with the provisions of §
										305.70
					 of this title (relating to Municipal Solid Waste Permit and Registration
					 Modifications).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.607 - Air Quality Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Any landfill mining process
				  operation that has existing authority under the Texas Clean Air Act does not
				  have to meet the air quality criteria of this subchapter. In accordance with
				  the Texas Health and Safety Code, Texas Clean Air Act, §382.051, any new
				  landfill mining operation that meets all of the applicable requirements of this
				  subchapter is entitled to an air quality standard permit authorization under
				  this subchapter in lieu of the requirement to obtain an air quality permit
				  under Chapter 116 of this title (relating to Control of Air Pollution by
				  Permits for New Construction or Modification).
(2) Those operations that would otherwise be
				  required to obtain air quality authorization under Chapter 116 of this title,
				  which cannot satisfy all of the requirements of this subchapter, shall apply
				  for and obtain air quality authorization in accordance with Chapter 116 of this
				  title in addition to any registration required in this subchapter.
(3) Any operation authorized under this
				  subchapter that is a new major source or any modification that constitutes a
				  major modification under nonattainment review or prevention of significant
				  deterioration review as amended by the Federal Clean Air Act amendments of
				  1990, and regulations promulgated thereunder, shall be subject to the
				  requirements of Chapter 116 of this title in addition to any registration
				  required in this subchapter.
(4)
				  Operations that do not wish to comply with the requirements of this section are
				  required to apply for and obtain air quality authorization under Chapter 116 of
				  this title. Once a person has applied for and obtained air quality
				  authorization under Chapter 116 of this title, the person is exempt from the
				  air quality requirements of this subchapter.
(5) No person may concurrently hold an air
				  quality permit issued under Chapter 116 of this title and an air quality
				  standard permit authorized under this subchapter for landfill mining operations
				  at the same facility.
(6) The
				  operator of a landfill mining operation operating under an air quality standard
				  permit shall maintain on file at all times within the operating record of the
				  facility documentation that shows compliance with this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.611 - Required Reportings

Current through Reg. 49, No. 28; July 12, 2024
The operator shall submit all of the following.
(1) Annual report. The operator shall submit
				  annual written reports. These reports shall at a minimum include input and
				  output quantities, a description of the soil end-product distribution, and all
				  results of any required laboratory testing. A copy of the annual report shall
				  be kept on-site for a period of five years.
(2) Final soil product testing report.
				  Facilities requiring registration must submit reports on final product testing
				  to the executive director in compliance with §
										330.613
				  of this title (relating to Sampling and Analysis Requirements for Final Soil
				  Product) on a quarterly basis.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.613 - Sampling and Analysis Requirements for Final Soil Product

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Facilities that receive a
				  registration under this subchapter are required to test their final product in
				  accordance with this section.
(b)
				  Analytical methods. Facilities that use analytical methods to characterize
				  their final product must use methods such as those described in the following
				  publications.
(1) Chemical and physical
				  analysis shall utilize:
(A) "Test Methods for
				  the Evaluation of Solid Waste, Physical/Chemical Methods" (SW-846);
				  or
(B) "Methods for Chemical
				  Analysis of Water and Wastes" (EPA-600).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter N - LANDFILL MINING › Section 330.615 - Final Soil Product Grades and Allowable Uses

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Facilities that receive a
				  registration under this subchapter are required to test final soil products in
				  accordance with this section.
(b)
				  Final soil product testing. The final soil product shall be regularly tested
				  under §
										330.613
				  of this title (relating to Sampling and Analysis Requirements for Final Soil
				  Product) to determine the product's grade. Testing of final product and
				  interpretation of test results shall be conducted in accordance with Subchapter
				  F of this chapter (relating to Analytical Quality Assurance and Quality
				  Control).
(c) Final product
				  classification and usage. The final soil product shall be classified according
				  to the following classification system.
(1)
				  Grade 1 Soil. There are no restrictions on the use of Grade 1 Soil. To be
				  considered Grade 1 Soil, the final product shall meet all of the following
				  criteria:
(A) shall contain no foreign matter
				  of a size or shape that can cause human or animal injury;
(B) shall not exceed all Maximum Allowable
				  Concentrations for Grade 1 Soil in Table 1 of this subparagraph:
Attached
					 Graphic
(C)
				  shall not contain foreign matter in quantities that cumulatively are greater
				  than 1.5% dry weight on a four millimeter screen;
(D) shall meet the requirements for pathogen
				  reduction for Grade 1 Soil as described in Table 2 of this subparagraph; and
Attached
					 Graphic
(E)
				  shall meet the requirements for salinity and pH for Grade 1 Soil as described
				  in Table 2 of subparagraph (D) of this paragraph.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter O - REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING AND FINANCIAL ASSISTANCE GENERAL PROVISIONS › Section 330.631 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents. The
				  contents of regional and local solid waste management plans are specified in
				  Texas Health and Safety Code, §
										363.064.
(b) Purpose. The sections in this subchapter
				  are intended for use in the development of a guidance document to assist in the
				  implementation of regional and local solid waste management plans. These
				  sections provide the recommended content of regional and local solid waste
				  management plans and guidance documents, provide for coordination with other
				  programs and public participation, establish criteria for regional and local
				  plan submission and approval, and set out criteria for financial assistance to
				  councils of governments and local governments.
(c) Scope.
(1) General. A regional or local solid waste
				  management plan shall conform to the requirements of Texas Health and Safety
				  Code, §
											363.064,
				  and provide the general structure to implement a regional or local
				  program.
(2) Planning process. A
				  regional or local solid waste management plan shall be the result of a planning
				  process related to proper management of solid waste in the planning area under
				  consideration. The process shall include identification of concerns and
				  collection and evaluation of data necessary to provide a written public
				  statement of goals and objectives, and a general statement of the actions
				  recommended to accomplish those goals and objectives.
(3) Geographic area. A regional solid waste
				  management plan shall consider the entire area within an identified planning
				  region and provide an overview of the solid waste management situation
				  throughout the region. A local solid waste management plan shall consider all
				  of the area within the jurisdiction of one or more local governments, but shall
				  not include an entire planning region.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter O - REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANNING AND FINANCIAL ASSISTANCE GENERAL PROVISIONS › Section 330.637 - Coordination with Other Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All solid waste plans shall be consistent with provisions established by
				  federal, state, and local programs that affect solid waste management and shall
				  consider programs and requirements from:
(1)
				  federal jurisdiction--United States Environmental Protection Agency;
(2) state jurisdiction:
(A) Texas Commission on Environmental
				  Quality;
(B) Railroad Commission of
				  Texas; and
(C) other state
				  agencies; and
(3)
				  substate jurisdiction:
(A) regional planning
				  agencies;
(B) special districts or
				  authorities;
(C) counties;
				  and
(D) cities.