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 330.957 - Contents of the Development Permit and Workplan Application

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements. The application shall follow the general requirements in §
										330.956
				  of this title (relating to Application for Proposed or Existing Constructions
				  Over a Closed Municipal Solid Waste Landfill Unit, General
				  Requirements).
(b) Certification.
(1) Following the language of Texas Health
				  and Safety Code, §
											361.533,
				  the licensed professional engineer preparing a development permit application
				  shall include the following certification: Certification of No Potential Threat
				  to Public Health or the Environment. "I, _____________, P.E. #______________,
				  certify that the proposed development is necessary to reduce a potential threat
				  to public health or the environment, or that the proposed development will not
				  increase or create a potential threat to public health or the environment.
				  Further, I certify that the proposed development will/will not damage the
				  integrity or function of any component of the Closed Municipal Solid Waste
				  Landfill Unit, including, but not limited to, the final cover, containment
				  systems, monitoring system, or liners. This certification includes all
				  documentation of all studies and data on which I relied in making these
				  determinations." (signed, sealed, and dated by the licensed professional
				  engineer).
(2) For landfills in
				  post-closure care, the owner or operator of the closed municipal solid waste
				  (MSW) landfill unit shall submit to the executive director for review and
				  approval a certification, signed by an independent licensed professional
				  engineer and including all applicable documentation necessary to support the
				  certification, demonstrating that:
(A) any
				  proposed construction activities or structural improvements on the closed MSW
				  landfill unit or waste management area shall not disturb the integrity and
				  function of the final cover, any liner(s), all components of the containment
				  system(s), and any monitoring system(s);
(B) the post-closure activities or
				  improvements shall not increase or serve to create any potential threat to
				  human health and the environment or that the proposed activities or
				  improvements are necessary to reduce a potential threat to human health and the
				  environment;
(C) any proposed
				  modification or replacement of existing construction activities or structural
				  improvements on any closed MSW landfill unit or waste management area that may
				  disturb the integrity and function of any portion of the final cover, any
				  liner(s), any components of the containment system(s), or any monitoring
				  system(s) shall not increase nor serve to create any potential threat to human
				  health and the environment; and
(D)
				  other disturbances of a closed MSW landfill unit or waste management area if
				  the owner or operator submits to the executive director for review and
				  approval, a certification that demonstrates that the disturbance, including the
				  removal of any waste, shall not cause harm to the integrity and function of the
				  final cover, any liner(s), any components of the containment system(s), or any
				  monitoring system(s) and shall not increase nor serve to create any potential
				  threat to human health or the environment. This certification shall be signed
				  by the owner or operator of the unit or facility and an independent licensed
				  professional engineer and shall include all applicable documentation necessary
				  for the certification.