Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter M - LOCATION RESTRICTIONS › Section 330.553 - Wetlands

Current through Reg. 49, No. 28; July 12, 2024
(a) Municipal solid
				  waste storage or processing facilities shall not be located in wetlands unless
				  the owner or operator makes each of the demonstrations identified in subsection
				  (b)(1) - (5) of this section.
(b)
				  New municipal solid waste landfill units, lateral expansions, and material
				  recovery operations from a landfill shall not be located in wetlands, unless
				  the owner or operator makes each of the demonstrations identified in paragraphs
				  (1) - (5) of this subsection to the executive director. The owner or operator
				  shall submit the demonstrations with a permit application, a permit major
				  amendment application, or a registration application, as appropriate. The
				  demonstration shall become part of the operating record once approved.
(1) Where applicable under Clean Water Act,
				  §404 or applicable state wetlands laws, the presumption that a practicable
				  alternative to the proposed landfill or recovery operation is available that
				  does not involve wetlands shall be clearly rebutted.
(2) The construction and operation of the
				  municipal solid waste landfill unit or recovery operation shall not:
(A) cause or contribute to violations of any
				  applicable state water quality standard;
(B) violate any applicable toxic effluent
				  standard or prohibition under the Clean Water Act, §307;
(C) jeopardize the continued existence of
				  endangered or threatened species or result in the destruction or adverse
				  modification of a critical habitat, protected under the Endangered Species Act
				  of 1973; and
(D) violate any
				  requirement under the Marine Protection, Research, and Sanctuaries Act of 1972
				  for the protection of a marine sanctuary.
(3) The municipal solid waste landfill unit
				  or recovery operation shall not cause or contribute to significant degradation
				  of wetlands. The owner/operator shall demonstrate the integrity of the landfill
				  unit and its ability to protect ecological resources by addressing the
				  following factors:
(A) erosion, stability,
				  and migration potential of native wetland soils, muds, and deposits used to
				  support the landfill unit;
(B)
				  erosion, stability, and migration potential of dredged and fill materials used
				  to support the landfill unit;
(C)
				  the volume and chemical nature of the waste managed in the landfill
				  unit;
(D) impacts on fish,
				  wildlife, and other aquatic resources and their habitat from release of the
				  solid waste;
(E) the potential
				  effects of catastrophic release of waste to the wetland and the resulting
				  impacts on the environment; and
(F)
				  any additional factors, as necessary, to demonstrate that ecological resources
				  in the wetland are sufficiently protected.
(4) To the extent required under Clean Water
				  Act, §404 or applicable state wetlands laws, steps have been taken to
				  attempt to achieve no net loss of wetlands (as defined by acreage and function)
				  by first avoiding impacts to wetlands to the maximum extent practicable as
				  required by paragraph (1) of this subsection, then minimizing unavoidable
				  impacts to the maximum extent practicable, and finally offsetting remaining
				  unavoidable wetland impacts through all appropriate and practicable
				  compensatory mitigation actions (e.g., restoration of existing degraded
				  wetlands or creation of man-made wetlands).
(5) Sufficient information shall be made
				  available to the executive director to make a reasonable determination with
				  respect to these demonstrations.