Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter D - OPERATIONAL STANDARDS FOR MUNICIPAL SOLID WASTE LANDFILL FACILITIES › Section 330.133 - Unloading of Waste

Current through Reg. 49, No. 28; July 12, 2024
(a) The unloading
				  of solid waste must be confined to as small an area as practical. The maximum
				  size of the unloading area must be specified in the site operating plan. The
				  number and types of unloading areas must be identified. A trained staff person
				  shall be provided at all facilities to monitor all incoming loads of waste. A
				  trained staff person shall also be on duty during operating hours at each area
				  where waste is being unloaded to direct and observe the unloading of solid
				  waste. The owner or operator is not required to accept any solid waste that the
				  owner or operator determines will cause or may cause problems in maintaining
				  full and continuous compliance with these sections. Small municipal solid waste
				  landfill facilities may submit a request to receive approval for an alternative
				  plan, if sufficient justification is provided.
(b) The unloading of waste in unauthorized
				  areas is prohibited. Any waste deposited in an unauthorized area must be
				  removed immediately and disposed of properly. Trained staff shall observe each
				  load that is disposed at the landfill. The staff involved with unloading or
				  inspection of waste shall have the authority and responsibility to reject
				  unauthorized loads, have unauthorized material removed by the transporter,
				  and/or assess appropriate surcharges, and have the unauthorized material
				  removed by on-site personnel or otherwise properly managed by the facility. A
				  record of unauthorized material removal must be maintained in the operating
				  record.
(c) The unloading of
				  prohibited wastes at the municipal solid waste facility must not be allowed.
				  Prohibited wastes are listed in §
										330.15(e)
				  of this title (relating to General Prohibitions). The permit issued to the
				  municipal solid waste facility may also prohibit other wastes. Necessary steps
				  shall be taken by the owner or operator to ensure compliance with this
				  provision. Any prohibited waste must be returned immediately to the transporter
				  or generator of the waste or otherwise properly managed by the
				  landfill.
(d) Any Type I or Type
				  IAE landfill facility may establish a brush and construction or demolition
				  waste area on site that is designated to receive brush and construction or
				  demolition waste.
(e) At Type IV
				  landfills, only brush and construction or demolition waste and rubbish that are
				  free of putrescible and household waste are allowed.
(f) In addition to the other operating
				  requirements of this subchapter, Type IV landfill operators that accept rubbish
				  shall provide the following during all periods of operation.
(1) A written procedure retained on site to
				  ensure that containers with any putrescible wastes are not accepted. This might
				  include or be a combination of a manifest system, surcharges, contractual
				  agreements with transporters, or other acceptable means. This written procedure
				  must be made available for review by the executive director. The procedure must
				  be followed and must be modified as necessary to accomplish its
				  purpose.
(2) A written procedure
				  retained on site for the removal of any putrescible wastes and other prohibited
				  waste to an approved disposal facility must specify the means to be used for
				  removal of putrescible wastes illegally disposed of at the landfill. In all
				  cases, such wastes must be removed from the working face immediately upon
				  discharge and returned to the offending transporter's vehicle or placed in
				  suitable collection bins and must not be allowed to remain on the landfill in
				  the collection bins for more than 24 hours. The equipment necessary to meet the
				  chosen alternative must be specified and must be on site and operable during
				  operating hours. This written procedure must be made available for review by
				  the executive director. The procedure must be followed and must be modified as
				  necessary to accomplish its purpose.
(3) A procedure whereby the transporter
				  certifications required by §
											330.7(c)
				  of this title (relating to Permit Required) must be retained at the landfill
				  and be available for inspection by the executive director.