reglab/statecodes huggingface dataset:
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 330.639 - Public Participation Requirements for Solid Waste Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Advisory
				  committee. An advisory committee shall provide input, review, and comment
				  during development of regional and local plans. The local council of
				  governments shall have procedures for the appointment of committee members who
				  represent a broad range of interests, including a representative of the Texas
				  Commission on Environmental Quality, public officials, private operators,
				  citizen groups, and interested individuals.
(b) Governmental review. Local governments
				  affected by regional plans shall be given opportunities for review and comment
				  on relevant portions of the plan, including adequate notice of public meetings
				  conducted on the plans. Local plans shall be submitted to appropriate regional
				  planning agencies for review and comment.
(c) Public meeting. A public meeting shall be
				  held prior to the adoption of a regional or local plan for the purpose of
				  receiving comment from interested parties.
(d) Notice and availability. The governing
				  body of the responsible entity shall make available to interested persons at
				  locations of convenience planning reports and documents. Notice of availability
				  of documents and of public meetings shall be advertised in newspapers of
				  general circulation in the area affected by the plan. The governing body of the
				  responsible entity shall provide proper notice a minimum of 15 days in advance
				  of the meeting. The notice shall include the meeting time, location, and
				  subjects to be discussed.
(e) Plan
				  approval. Local and regional solid waste management plans shall be approved by
				  the governing body of the responsible entity before being submitted for
				  approval by the commission.
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 330.643 - Regional and Local Solid Waste Management Implementation Plan Guideline Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Regional
				  implementation plans. A regional solid waste management plan provides the
				  overriding structure and commitment to comply with the requirements for
				  regional planning. A regional implementation plan provides the details to
				  implement a regional solid waste management plan, is approved by the
				  commission's executive director, and identifies the concerns, goals,
				  objectives, and recommended actions for solid waste management over a
				  long-range period for the entire planning region.
(1) Geographic scope. The geographic scope of
				  the regional planning process shall be the entire planning region designated by
				  the governor. It is not anticipated that the regional plan will present
				  site-specific information. The regional implementation plan shall use the four
				  types of planning units listed in subparagraphs (A) - (D) of this paragraph, as
				  appropriate for the information presented:
(A) small geographic areas such as census
				  tracts or city boundaries for the most detailed data collection and
				  manipulation;
(B) planning areas to
				  be used for the assessment of concerns and the evaluation of alternatives.
				  These planning areas shall be aggregations of small geographic areas;
(C) county boundaries for the summarization
				  and presentation of key information; or
(D) the 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 330.649 - Regional Solid Waste Grants Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authority. Funds are dedicated under Texas Health and Safety Code, §
										361.014,
				  for the development and updating of regional and local solid waste management
				  plans, and for implementing regional and local projects consistent with
				  approved regional solid waste management plans. This regional solid waste
				  grants program is separate from the financial assistance program outlined under
				  §
										330.643
				  of this title (relating to Regional and Local Solid Waste Management
				  Implementation Plan Guideline Requirements).
(b) Administration of regional solid waste
				  grants program. The executive director shall administer the regional solid
				  waste grants program under the direction of the commission.
(c) Funding allocation. Funds for local and
				  regional projects under the regional solid waste grants program shall be
				  allocated to municipal solid waste geographic planning regions according to a
				  formula established by the commission that takes into account population, area,
				  solid waste fee generation, and public health needs.
(d) Public/private cooperation. A project or
				  service funded under the regional solid waste grant program must promote
				  cooperation between public and private entities and may not be otherwise
				  readily available or create a competitive advantage over a private industry
				  that provides recycling or solid waste services.
(e) Pass-through grants. The executive
				  director may establish procedures to make grant funds available to authorized
				  local entities through pass-through grants administered by each council of
				  governments.
(f) Applications.
(1) Requests for state financial assistance
				  provided directly by the agency shall be made on forms furnished by the
				  executive director.
(2) Requests
				  for financial assistance made available through pass-through grants
				  administered by a council of governments shall be made on forms developed
				  jointly by the executive director and the council of governments, and furnished
				  by the council of governments.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter P - FEES AND REPORTING › Section 330.671 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) Fees. The commission is mandated by Texas
				  Health and Safety Code, §
											361.013,
				  to collect a fee for solid waste disposed of within the state, and from
				  transporters of solid waste who are required to register with the state.
				  Persons desiring to transport or deliver waste in enclosed containers or
				  enclosed vehicles to a Type IV municipal solid waste management facility are
				  subject to special route permit application and maintenance fees set forth and
				  described in §
											330.103
				  of this title (relating to Collection and Transportation Requirements). The fee
				  amount may be raised or lowered in accordance with spending levels authorized
				  by the legislature.
(2) Industrial
				  solid waste and hazardous waste fees. The assessment of fees for the
				  generation, treatment, storage, or disposal of industrial solid waste or
				  hazardous waste is governed by regulations contained in Chapter 335, Subchapter
				  J of this title (relating to Hazardous Waste Generation, Facility and Disposal
				  Fee System).
(3) Reports. The
				  commission requires reports in order to track the amount of waste being stored,
				  treated, processed, or disposed of in the state, to track the amount of
				  processing and disposal capacity and reserve (future) disposal capacity, and to
				  enable equitable assessment and collection of fees.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter P - FEES AND REPORTING › Section 330.673 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Landfilling.
				  Each operator of a facility in Texas that disposes of municipal solid waste
				  (MSW) by means of landfilling, including landfilling of incinerator ash, is
				  required to pay a fee to the agency for all waste received for disposal. The
				  fee rate for waste disposed of by landfilling is dependent upon the reporting
				  units used.
(1) Fee rates. For purposes of
				  this subsection, uncompacted waste means any waste that is not a liquid or a
				  sludge, has not been mechanically compacted by a collection vehicle, has not
				  been driven over by heavy equipment prior to collection, or has not been
				  compacted subsequent or prior to collection by any type of mechanical device
				  other than small, in-house, compactor devices owned and/or operated by the
				  generator of the waste. Compacted waste is a liquid, sludge, or similar waste
				  or any waste that has been reduced in volume by a collection vehicle or by any
				  other means including, but not limited to, dewatering, composting,
				  incineration, and similar processes.
(A)
				  Tons. For waste reported in tons, the fee rate is $0.94 per ton received for
				  disposal.
(B) Cubic yards
				  (compacted). For waste reported in compacted cubic yards, the fee rate is $0.30
				  per cubic yard received for disposal.
(C) Cubic yards (uncompacted). For waste
				  reported in uncompacted cubic yards, the fee rate is $0.19 per cubic yard
				  received for disposal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter P - FEES AND REPORTING › Section 330.675 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Disposal
				  facilities and processes.
(1) Municipal Solid
				  Waste Fee Report frequency, report form, and report information.
(A) Report frequency. Quarterly, each
				  disposal facility or process operator shall report to the executive director
				  the information requested on the report form for the appropriate reporting
				  period including the amount of source-separated material processed to compost
				  or mulch product. Annually, the operator shall submit a summary of the
				  information to show the yearly totals and year-end status of the facility or
				  process, as requested on the report form, for the appropriate reporting period.
				  An operator shall file a separate report for each facility that has a unique
				  permit, permit application number, or registration number.
(B) Report form. The report shall be on a
				  form furnished by the executive director or reproduced from a form furnished by
				  the executive director or by an electronic form or format furnished by the
				  executive director. Forms reproduced by the facility operator are not
				  recommended because each report form for each reporting period will have two
				  unique numbers on each form. One number will specifically identify the facility
				  for which the report is made; the other number will specifically identify the
				  individual form. To use the wrong form, or the form intended for a different
				  reporting period, will automatically make the data incorrect for that facility
				  report. The operator will receive one form from the executive director for each
				  facility or process prior to the due date. The operator must assure that the
				  data entered on the form are applicable for the particular facility and period
				  for which the data are reported.
(C) Report information. In addition to a
				  statement of the amount of waste received for processing or disposal, the
				  report shall contain other information requested on the form, including the
				  facility operator's name, address, and phone number; the permit number, permit
				  application number, or registration number; the facility type, size, and
				  capacity; and other information the executive director may request.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter P - FEES AND REPORTING › Section 330.677 - Composting Refund

Current through Reg. 49, No. 28; July 12, 2024
(a) Any compost or
				  product for composting that is not used as compost and is deposited in a
				  landfill or used as daily landfill cover is not exempt from fees due under
				  §
										330.673 of this
				  title (relating to Fees). In order to be eligible to receive a refund
				  authorized by this subsection, the operator of the facility must submit to the
				  executive director a composting plan and receive written approval of the plan
				  by the executive director.
(b) The
				  operator of a public or privately owned municipal solid waste facility is
				  entitled to a refund of up to 15% of the solid waste fees collected under
				  §
										330.673 of this
				  title if:
(1) the refunds are used to lease
				  or purchase and operate equipment necessary to compost yard waste or to
				  contract for the on-site composting of yard waste;
(2) composting operations are actually
				  performed; and
(3) the finished
				  compost material produced by the facility is returned to beneficial
				  reuse.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.890 - General Program Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Objective. The objectives of the financial assistance programs described in
				  this subchapter are to promote good municipal solid waste management practices
				  within the State of Texas. Through the procedures contained in this subchapter,
				  the commission intends that funding be provided for applied research,
				  demonstration and pilot projects, feasibility studies, technical assistance,
				  public education and awareness, information exchange, and local government
				  programs designed to enhance solid waste management and litter abatement
				  enforcement.
(b) Scope. The
				  sections contained in this subchapter identify various kinds of solid waste
				  management assistance grants available, in addition to those described in
				  Subchapter O of this chapter (relating to Regional and Local Solid Waste
				  Management Planning and Financial Assistance General Provisions); describe
				  procedures utilized by the commission in advertising and awarding such grants;
				  and contain pertinent application instructions for prospective
				  recipients.
(c) Definitions of
				  terms and abbreviations. The following words, terms, and abbreviations, when
				  used in this subchapter, have the following meanings, unless the context
				  clearly indicates otherwise.
(1) Local
				  government--A county, incorporated city or town, or any political subdivision
				  of the state that has jurisdiction over two or more counties or parts of two or
				  more counties and has been granted the power by the legislature to regulate
				  solid waste handling or disposal practices or activities within its
				  jurisdiction.
(2) Public agency--A
				  city, county, or a district or authority created and operating under the Texas
				  Constitution, Article III, §52(b)(1) or (2), or Article XVI, §59, or
				  a combination of two or more of these governmental entities acting under an
				  interlocal agreement and having authority under state law to own and operate a
				  solid waste management system.
(3)
				  Research--Studious inquiry or examination and usually critical and exhaustive
				  investigation or experimentation having for its aim the discovery of new facts
				  and their correct interpretation; the revision of accepted conclusions,
				  theories, or laws in the light of newly discovered facts; or the practical
				  application of such new or revised conclusions.
(4) State fiscal year--A period of time that
				  begins September 1 of a given year and ends August 31 of the following
				  year.
(5) UGCMS--Uniform Grant and
				  Contract Management Standards, consisting of a set of rules set forth in 1 TAC
				  Part 1, Chapter 5, Subchapter A, promulgated under Texas Government Code,
				  Chapter 783, Uniform Grant and Contract Management Act.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.891 - Applied Research Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Program description. The goal of applied research grants awarded under this
				  section is to provide financial assistance grants to encourage and stimulate
				  research and study in the field of municipal solid waste (MSW) management. The
				  commission intends to encourage research as it recognizes the important
				  position it holds in the creation and evolution of improved solid waste
				  management technology.
(b) Eligible
				  projects. Eligible projects shall address the MSW management issues and
				  concerns of the residents of Texas and have foreseeable practical application
				  within the State of Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.892 - Demonstration Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Program
				  description. The intent of demonstration grants awarded under this section
				  shall be to subsidize and support the implementation or operation of municipal
				  solid waste demonstration projects. The purpose of supported demonstration
				  projects shall be to illustrate, by example, the economic value and operational
				  merit of a particular operation, system, or technology. This will in turn
				  reduce the uncertainty inherent with investing in emerging, innovative, or
				  alternative technologies, thereby indirectly encouraging larger scale
				  application, participation, and/or acceptance by the public.
(b) Eligible projects. Eligible projects
				  shall be those that address any issue of municipal solid waste management.
				  Projects must have potential application generally throughout the State of
				  Texas, and not be so operationally unique as to only be applicable at the
				  location where demonstrated. Priority will be given to projects that are judged
				  as having a significant potential for implementation and/or economic viability.
				  Grants may be used for the purchase, installation, operation, or maintenance of
				  an approved demonstration project.
(c) Participation frequency. Recipients shall
				  be limited to one demonstration grant, issued under this section, during any
				  specific contract performance period, unless specifically otherwise authorized
				  in the published request for proposal.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.893 - Feasibility Study Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Program description. The intent of demonstration grants awarded under this
				  section shall be to subsidize and support the implementation or operation of
				  municipal solid waste demonstration projects. The purpose of supported
				  demonstration projects shall be to illustrate, by example, the economic value
				  and operational merit of a particular operation, system, or technology. This
				  will in turn reduce the uncertainty inherent with investing in emerging,
				  innovative, or alternative technologies, thereby indirectly encouraging larger
				  scale application, participation, and/or acceptance by the public.
(b) Eligible projects. Potential study topics
				  include, but are not limited to, the review of various waste management options
				  and their practicality with regard to:
(1)
				  waste minimization;
(2) recycling
				  and reuse;
(3)
				  composting;
(4) transfer
				  stations;
(5) landfill - gas
				  recovery, treatment, and/or sale;
(6) landfill - leachate recovery and
				  treatment;
(7) collection and
				  handling; or
(8) landfill
				  operations.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.894 - Technical Assistance Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Program description. Technical assistance grants awarded under this section
				  shall provide supplementary funding to aid recipients in achieving
				  self-identified municipal solid waste management goals that will serve to
				  benefit public health; safeguard the environment; save or recover valuable
				  resources; minimize solid waste generation; improve facility operating
				  efficiency; or reduce nuisances. This assistance may include, but is not
				  limited to, engineering, scientific, financial, or mechanical evaluations and
				  analyses and/or the purchasing of materials and supplies that are necessary for
				  the enhancement of a solid waste management program.
(b) Eligible projects. Eligible projects
				  shall be those that address any issue of municipal solid waste management as
				  related to the description mentioned in subsection (a) of this section. Usual
				  and normal expenses associated with maintaining a compliant solid waste
				  facility or operation are not eligible for funding under the Technical
				  Assistance Grant Program.
(c)
				  Participation frequency. Recipients shall be limited to one technical
				  assistance grant, issued under this section, during any specific contract
				  performance period.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.896 - Public Education and Awareness Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Program description. The Public Education
				  and Awareness Grant Program (program) is intended to provide financial
				  assistance for the creation, dissemination, and implementation of programs
				  designed to increase public awareness and knowledge with regard to municipal
				  solid waste management issues. The purpose of this program shall be to
				  encourage various educational institutions, nonprofit service and/or
				  environmental protection organizations, local governments, and public agencies
				  to develop creative, innovative, multifaceted public education and awareness
				  programs. The programs and materials developed under this program shall be made
				  available to the public free of charge or for a nominal fee designed to offset
				  organizational handling expenses. It is not the intent of this program to
				  subsidize the development of profit-oriented campaigns.
(b) Eligible requests. Potential programs
				  include, but are not limited to:
(1)
				  institutional educational curriculum development and implementation;
(2) seminars, workshops, conferences, or
				  lectures;
(3) audiovisual
				  presentations or programs;
(4) mass
				  media programs, articles, or public service announcements;
(5) literature purchase, creation, or
				  dissemination; or
(6) public
				  awareness events.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter S - ASSISTANCE GRANTS AND CONTRACTS › Section 330.897 - Supplemental Funding for the Enforcement of the Solid Waste Disposal Act and the Litter Abatement Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Program
				  description. The Supplemental Funding Program (program) is intended to provide
				  supplementary grants to local governments for the enforcement and/or policing
				  of the Solid Waste Disposal Act and the Litter Abatement Act. This program
				  shall be managed so as to provide financial assistance and incentive to local
				  governments to develop, expand, and/or improve an existing municipal solid
				  waste and/or litter abatement enforcement program within their area of
				  jurisdiction. Multifaceted programs that seek to combine preventive measures,
				  public education/awareness, surveillance, and enforcement, including sentencing
				  programs that result in environmental services being provided to the local
				  community, are encouraged by the commission. For funded programs, the
				  commission expects that the local authority will continue to sustain the
				  program after supplementary funding ceases.
(b) Eligible recipients. Eligible recipients
				  shall only be local governments of the State of Texas.
(c) Participation frequency. Recipients shall
				  be limited to one enforcement grant, issued under this section, during any
				  specific contract performance period.
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 330.952 - Applicability and Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The requirements in this subchapter apply to:
(1) persons owning, leasing, or developing
				  property overlying a closed municipal solid waste landfill as defined by §
											330.951 of
				  this title (relating to Definitions), except as noted in subsection (b) of this
				  section; and
(2) persons developing
				  a tract of land greater than one acre, except as noted 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 T - USE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS › Section 330.953 - Soil Test Required before Development

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not undertake the
				  development of a tract of land that is greater than one acre in area unless the
				  person conducts a soil test prior to or during development and construction.
				  The soil test is intended to determine if a landfill exists on the property
				  planned for development.
(b) A soil
				  test under this section shall be conducted by a licensed professional
				  engineer.
(c) The licensed
				  professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall
				  observe all subsurface disturbances, undertaken for whatever reason, during
				  development through the completion of the foundation. A subsurface
				  investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation
				  undertaken for the purpose of finding a closed municipal solid waste landfill
				  unit. The investigation must incorporate a sufficient number of borings or
				  excavations, the number of which shall be determined on a site-specific basis
				  by the licensed professional engineer. Each boring or excavation shall be to a
				  minimum depth of ten feet.
(3) Test
				  III. A subsurface investigation conducted at the development site for
				  geotechnical or environmental purposes, or a housing and urban development test
				  for a homeowner's warranty.
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 330.955 - Miscellaneous

Current through Reg. 49, No. 28; July 12, 2024
(a) An enclosed
				  area to be occupied by people under the natural grade of the land or under the
				  grade of the final cover of the closed municipal solid waste (MSW) landfill
				  will not be allowed.
(b) The
				  executive director may require that additional soil layers or building pads be
				  placed on the final cover prior to the initiation of any construction activity
				  or structural improvements in order to protect the integrity and function of
				  the final cover, any liner(s), any components of the containment system(s), or
				  any monitoring system(s).
(c) The
				  executive director may allow small amounts of solid waste removed from a closed
				  MSW landfill (including residuals from a soil test) to be redeposited in the
				  closed MSW landfill on a case-by-case basis. The workplan for developing land
				  over a closed MSW landfill should describe the steps taken to ensure that
				  removed waste will be appropriately covered or removed to an authorized waste
				  management facility.
(d)
				  Unauthorized pilings in or through the final cover of a closed MSW landfill are
				  prohibited.
(e) Unauthorized
				  borings or other penetrations of the final cover of a closed MSW landfill are
				  prohibited.
(f) Any water that
				  comes in contact with waste becomes contaminated water and has to be properly
				  discharged in a manner that will not cause surface water or groundwater
				  contamination.
(g) Locations where
				  waste is removed shall be backfilled and compacted with clean high-plasticity
				  or low-plasticity clay. The excavation shall be backfilled to exceed the
				  existing grade and provide positive drainage.
(h) No waste shall be left exposed
				  overnight.
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 330.956 - Application for Proposed or Existing Constructions Over a Closed Municipal Solid Waste Landfill Unit, General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The application shall be submitted prior
				  to the public meeting. The owner shall be required to comply with the design,
				  construction, and operating procedures proposed in the application.
(b) The owner is responsible for providing
				  the executive director data of sufficient completeness, accuracy, and clarity
				  to provide assurance that operation of the facility will pose no reasonable
				  probability of adverse effects to the health, welfare, or physical property of
				  residents and occupants of the structures, and the environment. Failure to
				  provide complete information as required by this subchapter may be cause for
				  the executive director to return the application without further action.
				  Submission of false information shall constitute grounds for denial or
				  revocation of the development permit. The owner is responsible for determining
				  and reporting to the executive director any site-specific conditions that
				  require special design considerations. The proposed development shall be in
				  compliance with all applicable state and federal laws.
(c) The owner shall submit an application
				  following the requirements in §330.57(e) - (h) of this title (relating to
				  Permit and Registration Applications for Municipal Solid Waste
				  Facilities).
(d) The maps submitted
				  as a group shall show the following:
(1) the
				  prevailing wind direction with a wind rose;
(2) all known water wells within 500 feet of
				  the proposed development permit boundary. The state well-numbering system
				  designation for Texas Water Development Board "Located Wells," where
				  applicable, shall be shown;
(3)
				  area streams, ponds, lakes, and wetlands;
(4) the property boundary of the
				  site;
(5) drainage, pipeline, and
				  utility easements within or adjacent to the site; and
(6) schools, licensed day care facilities,
				  hospitals and other health care facilities within 1,000 feet of the boundaries
				  of the known fill area.
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 330.958 - Construction Plans and Specifications

Current through Reg. 49, No. 28; July 12, 2024
Construction plans and specifications of the proposed or
					 modified structure shall be prepared and maintained at the structure at all
					 times during construction. After completion of construction, one set of
					 as-built construction plans and specifications shall be maintained at the
					 permitted development. Plans maintained at the structure shall be made
					 available for inspection by executive director
					 representatives.
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 330.960 - Contents of Authorization Request to Disturb Final Cover Over a Closed Municipal Solid Waste Landfill for Non-enclosed Structures

Current through Reg. 49, No. 28; July 12, 2024
The owner of a property that includes a closed municipal
					 solid waste landfill shall not disturb the final cover without prior written
					 approval from the executive director. The authorization request shall include
					 the following:
(1) a certification as
				  set forth in §
										330.957(b)
				  of this title (relating to Contents of the Development Permit and Workplan
				  Application);
(2) the existing
				  conditions summary as set forth in §
										330.957(c)
				  of this title;
(3) proposed project
				  description including location related to the closed landfill;
(4) description of the
				  construction/investigation process including, but not limited to, work schedule
				  and safety issues during construction;
(5) description of the procedures for water
				  and/or methane monitoring and excavated material disposal during
				  construction;
(6) maps and
				  drawings, site drawing, and general location map to indicate the landfill
				  location; and
(7) engineering
				  plans, sealed and signed by a licensed professional engineer indicating the
				  proposed project description and its location relative to the
				  landfill.
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 330.961 - Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post-Closure Care

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The development permit or registration,
				  the site operating plan, any closure plan, the structures gas monitoring plan,
				  the safety and evacuation plan, and all other documents and plans required by
				  this subchapter shall become operational requirements and shall be considered a
				  part of the operating record of the development or structure. A copy of these
				  documents shall be maintained on site in an office at the permitted/registered
				  development.
(2) The owner,
				  operator, or lessee shall retain the operating record for the life of the
				  structure.
(3) Any deviation from
				  the development permit/registration and incorporated plans or other related
				  documents associated with the development permit or registration without
				  approval of the executive director is a violation of this subchapter.
(4) The development permit or registration
				  holder shall notify the executive director, and any local pollution agency with
				  jurisdiction that has requested to be notified, of any incident involving the
				  facility relative to the development permit or registration and provisions for
				  the remediation of the incident.
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 330.962 - Notice to Real Property Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Owner of property. An owner of property that overlies a closed municipal solid
				  waste (MSW) landfill shall prepare and file for record in the real property
				  records in the county where the land is located a written notice stating:
(1) the former use of the land;
(2) the legal description of the tract of
				  land that contains the closed MSW landfill, and at the owner's discretion, the
				  portion of the tract of land that contains the closed MSW landfill;
(3) notice that restrictions on the
				  development or lease of the land exist in Texas Health and Safety Code, Chapter
				  361, Subchapter R and this subchapter; and
(4) the name of the owner.
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 330.963 - Notice to Buyers, Lessees, and Occupants

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner of land that overlies a closed
				  municipal solid waste (MSW) landfill shall prepare a written notice stating the
				  former use of the facility, the legal description of property, notice of the
				  restrictions on the development or lease of the land imposed by this subchapter
				  and Texas Health and Safety Code, Chapter 361, Subchapter R, and the name of
				  the owner. The owner shall file for record the notice in the real property
				  records of the county in which the property is located.
(b) An owner of land that overlies a closed
				  MSW landfill shall notify each lessee and each occupant of a structure that
				  overlies the unit of:
(1) the land's former
				  use as a landfill; and
(2) the
				  structural controls in place to minimize potential future danger posed by the
				  closed MSW landfill.
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 330.964 - Lease Restrictions

Current through Reg. 49, No. 28; July 12, 2024
This section is not intended to require that owners and
					 lessees of property initiate investigations for closed municipal solid waste
					 (MSW) landfills. A person may not lease or offer for lease property that
					 overlies a closed MSW landfill unit unless:
(1) existing development on the land is in
				  compliance with this subchapter; or
(2) the person gives notice to the
				  prospective lessee of what is required to bring the property and any
				  development on the property into compliance with this subchapter and the
				  prohibitions or requirements for future development imposed by this subchapter
				  and by any development permit issued for development of the property under this
				  subchapter.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter U - STANDARD AIR PERMITS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES AND TRANSFER STATIONS › Section 330.981 - Effective Date

Current through Reg. 49, No. 28; July 12, 2024
The requirements of this subchapter will take effect on
					 September 1, 2006.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter U - STANDARD AIR PERMITS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES AND TRANSFER STATIONS › Section 330.985 - Applicability and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter authorizes air emissions from municipal solid waste landfill
				  sites and transfer stations that meet the conditions listed in this subchapter.
				  Individual authorizations under this subchapter are not subject to public
				  notice or comment or contested case hearing opportunity.
(b) This standard permit does not relieve the
				  owner and/or operator from complying with any other applicable provisions of
				  the Texas Health and Safety Code, Texas Water Code, rules of the Texas
				  Commission on Environmental Quality, or any other applicable state and federal
				  rules and regulations.
(c) An owner
				  and/or operator may claim this standard permit for the operation, construction,
				  or modification of a municipal solid waste landfill or a Type V transfer
				  station including Type I, Type IAE, Type IV, and Type IVAE landfill as defined
				  in §
										330.5
				  of this title (relating to Classification of Municipal Solid Waste Facilities),
				  except as specified in subsection (d) of this section.
(d) Exceptions.
(1) Any project that constitutes a new major
				  source, or major modification under the new source review requirements of the
				  Federal Clean Air Act, Part C (Prevention of Significant Deterioration of Air
				  Quality) or Part D (Plan Requirements for Nonattainment Areas), and the related
				  adopted regulations are subject to the requirements of §
											116.110
				  of this title (relating to Applicability) rather than this
				  subchapter.
(2) Separate permit
				  authorization under Chapter 106 of this title (relating to Permits by Rule) or
				  Chapter 116 of this title (relating to Control of Air Pollution by Permits for
				  New Construction or Modification) must be obtained for the following activities
				  at a site and may not be claimed under this subchapter:
(A) incineration (not including flares or air
				  curtain incinerators), other than that used to control landfill gas emissions,
				  as defined in 40 Code of Federal Regulations Part 60, Subpart WWW;
(B) rock crushers not used as temporary
				  installations exclusively for cell construction, concrete batch plants, or hot
				  mix asphalt concrete plants;
(C)
				  composting; and
(D) a municipal
				  solid waste landfill site that is permitted to accept 51% or more by weight or
				  volume of Class 1 industrial nonhazardous waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter U - STANDARD AIR PERMITS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES AND TRANSFER STATIONS › Section 330.987 - Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Type IV
				  landfills are exempt from the requirements of this subsection.
(b) Certification under this subchapter
				  constitutes an acknowledgment and agreement that the permit holder will comply
				  with all rules, regulations, and orders of the commission issued in conformity
				  with Texas Clean Air Act, Texas Health and Safety Code, Chapter 382, and the
				  conditions precedent to the claiming of this standard permit. If more than one
				  state or federal rule or regulation or permit condition are applicable, the
				  most stringent limit or condition will govern. Acceptance includes consent to
				  the entrance of commission employees and designated representatives of any
				  local air pollution control agency having jurisdiction over the site into the
				  permitted premises at reasonable times to investigate conditions relating to
				  the emission or concentration of air contaminants, including compliance with
				  the standard permit.
(c) A
				  certification under this subchapter is valid for a term not to exceed ten years
				  from the date of receipt by the Texas Commission on Environmental Quality. An
				  owner and/or operator is required to renew a certification by no later than the
				  expiration date of the certification. The commission will provide written
				  notice to operators of the renewal deadline at least 180 days prior to the
				  expiration of the certification.
(d) Two copies of the certification must be
				  submitted to the Waste Permits Division. One copy must be submitted to the
				  appropriate regional office, and one copy must be sent to any appropriate local
				  air pollution control program having jurisdiction over the site. The
				  certification must be based on the capacity of the landfill minimum of a
				  ten-year period. The certification must include supporting documentation to
				  demonstrate compliance with the conditions of this subchapter and any other
				  applicable federal and state requirements, and at a minimum should include the
				  following:
(1) the basis and quantification of
				  emission estimates;
(2) sufficient
				  information to demonstrate that the project will comply with all applicable
				  conditions of this subchapter; and
(3) a description of any equipment and
				  related processes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter U - STANDARD AIR PERMITS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES AND TRANSFER STATIONS › Section 330.989 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner
				  and/or operator of a municipal solid waste landfill site must comply with the
				  following general requirements, as applicable:
(1) provisions of Federal Clean Air Act
				  (FCAA), §111 (concerning Standards of Performance for New Stationary
				  Sources) as listed under 40 Code of Federal Regulations (CFR) Part 60,
				  promulgated by the United States Environmental Protection Agency (EPA),
				  including, but not limited to, Subpart WWW or Chapter 113, Subchapter D of this
				  title (relating to Designated Facilities and Pollutants);
(2) provisions of FCAA, §112 (concerning
				  Hazardous Air Pollutants) as listed under 40 CFR Part 61, promulgated by the
				  EPA;
(3) maximum achievable control
				  technology standards as listed under 40 CFR Part 63, promulgated by the EPA
				  under FCAA, §112 or as listed under Chapter 113, Subchapter C of this
				  title (relating to National Emissions Standards for Hazardous Air Pollutants
				  for Source Categories (FCAA, §112,
				  40 CFR
				  63)), including, but not limited to, Subpart
				  AAAA;
(4) if subject to Chapter
				  101, Subchapter H, Division 3 of this title (relating to Mass Emissions Cap and
				  Trade Program), obtain allocations to operate; and
(5) rules and regulations of the commission
				  adopted under Texas Clean Air Act, Texas Health and Safety Code, Chapter 382,
				  and with the intent of the Texas Clean Air Act, including the protection of
				  health and property of the public.