Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.5 - Classification of Municipal Solid Waste Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has classified all
				  municipal solid waste (MSW) facilities according to the method of processing or
				  disposal of MSW. Subject to the limitations in §§
										330.15,
				  330.171,
				  and
				  330.173
				  of this title (relating to General Prohibitions; Disposal of Special Wastes;
				  and Disposal of Industrial Wastes), and with the written approval of the
				  executive director, Type I, IV, V, and VI MSW facilities may also receive
				  special wastes, including Class 1 industrial solid waste and hazardous waste
				  from conditionally exempt small quantity generators, if properly handled and
				  safeguarded in the facility.
(1) MSW facility
				  - Type I. A Type I landfill unit is the standard landfill for the disposal of
				  MSW. The commission may authorize the designation of special-use areas for
				  processing, storage, and disposal or any other functions involving solid waste.
				  Except as allowed in subsections (b) - (e) of this section, owners or operators
				  shall follow the permit application requirements prescribed in Subchapter B of
				  this chapter (relating to Permit and Registration Application Procedures) and
				  the minimum design and operational requirements of Subchapter D of this chapter
				  (relating to Operational Standards for Municipal Solid Waste Landfill
				  Facilities); Subchapter F of this chapter (relating to Analytical Quality
				  Assurance and Quality Control); Subchapter G of this chapter (relating to
				  Surface Water Drainage); Subchapter H of this chapter (relating to Liner System
				  Design and Operation); Subchapter I of this chapter (relating to Landfill Gas
				  Management); Subchapter J of this chapter (relating to Groundwater Monitoring
				  and Corrective Action); Subchapter K of this chapter (relating to Closure and
				  Post- Closure); Subchapter L of this chapter (relating to Closure,
				  Post-Closure, and Corrective Action Cost Estimates); Subchapter M of this
				  chapter (relating to Location Restrictions); Subchapter T of this chapter
				  (relating to Use of Land Over Closed Municipal Solid Waste Landfills); and
				  Chapter 37, Subchapter R of this title (relating to Financial Assurance for
				  Municipal Solid Waste Facilities). Those landfill units meeting the
				  requirements of subsection (b) of this section shall be referred to as Type IAE
				  landfill units. Type IAE landfill units are authorized to accept the same types
				  of waste as Type I landfill units subject to the limitations in §
											330.173
				  of this title, and are exempt from Subchapters H and J of this chapter. Owners
				  or operators of Type I landfill facilities that are authorized to operate a
				  Type IV cell or trench shall operate the cell or trench in accordance with
				  paragraph (2) of this subsection.
(2) MSW facility - Type IV. A Type IV
				  landfill unit may only accept brush, construction, or demolition waste, and/or
				  rubbish. A Type IV landfill unit may not accept putrescible wastes,
				  conditionally exempt small-quantity generator waste, or household wastes.
				  Except as allowed in subsection (b) of this section, owners or operators shall
				  follow the permit application requirements prescribed in Subchapter B of this
				  chapter and the minimum design and operational standards prescribed in
				  Subchapters D, F, and G of this chapter; §§330.331(d), 330.335,
				  330.337, 330.339, and 330.341 of this title (relating to Liner System Design
				  and Operation); §
											330.417
				  of this title (relating to Groundwater Monitoring at Type IV Landfills);
				  §§330.453, 330.463(a), 330.465, and 330.467 of this title (relating
				  to Closure and Post-Closure); Subchapter M of this chapter; and Chapter 37,
				  Subchapter R of this title. Those landfill units meeting the requirements of
				  subsection (b) of this section shall be referred to as Type IVAE landfill
				  units. Type IVAE landfill units are authorized to accept the same types of
				  waste as Type IV landfill units and are exempt from Subchapters H and J of this
				  chapter.
(3) MSW facility - Type V.
				  Separate solid waste processing facilities are classified as Type V. These
				  facilities include processing plants that transfer, incinerate, shred, grind,
				  bale, salvage, separate, dewater, reclaim, and/or provide other storage or
				  processing of solid waste. Owners or operators shall follow the minimum design
				  and operational requirements prescribed in Subchapter E of this chapter
				  (relating to Operational Standards for Municipal Solid Waste Storage and
				  Processing Units); Subchapter F of this chapter; Subchapter G of this chapter;
				  Subchapter H of this chapter, if required; Subchapter K of this chapter;
				  Subchapter L of this chapter, if financial assurance is required; Subchapter M
				  of this chapter; and Chapter 37, Subchapter R of this title, except that owners
				  and operators of recycling facilities who store combustible material are
				  required to comply with Chapter 37, Subchapter J of this title (relating to
				  Financial Assurance for Recycling Facilities). Groundwater monitoring may be
				  required by the executive director and shall be maintained in accordance with
				  the requirements of Subchapter J of this chapter.
(4) MSW facility - Type VI. A Type VI
				  facility or operation is a facility using a new or unproven method of managing
				  or utilizing MSW, including resource and energy recovery projects for processes
				  that are not currently in use in Texas. The commission may limit the size of
				  these facilities until the method is proven. The minimum operational standards
				  are prescribed in Subchapter E of this chapter.
(5) MSW facility - Type VII. A Type VII
				  facility or operation is a facility for the land management of sludges and/or
				  similar wastes. Operational standards, depending on the particular waste,
				  facility purpose, and method of operation (land application for beneficial use,
				  land disposal to include landfilling and land treatment, etc.) are contained in
				  Chapter 312 of this title (relating to Sludge Use, Disposal, and
				  Transportation).
(6) MSW facility -
				  Type VIII. Facilities for the management of used or scrap tires are classified
				  as Type VIII. Standards are prescribed in Chapter 328, Subchapter F of this
				  title (relating to Management of Used or Scrap Tires).
(7) MSW facility - Type IX. A Type IX
				  facility is an energy, material, gas recovery for beneficial use, or landfill
				  mining facility located within or adjacent to a closed disposal facility, an
				  inactive portion of a disposal facility, or an active disposal facility, used
				  for extracting materials for energy and material recovery or for gas recovery
				  for beneficial use. Registration by rule requirements for facilities that
				  recover landfill gas for beneficial use are prescribed in §
											330.9(k)
				  of this title (relating to Registration Required). Owners or operators of other
				  Type IX facilities shall follow the registration application requirements
				  prescribed in Subchapter B of this chapter. All owners and operators shall
				  follow the minimum design and operational requirements of Subchapter E of this
				  chapter; §
											330.459
				  of this title (relating to Closure Requirements for Municipal Solid Waste
				  Storage and Processing Units); §
											330.461
				  of this title (relating to Certification of Final Facility Closure); §
											330.505
				  of this title (relating to Closure Cost Estimates for Storage and Processing
				  Units); and Chapter 37, Subchapter R of this title. Waste mining activities
				  shall also follow the minimum design and operation requirements of §
											330.149 of
				  this title (relating to Odor Management Plan); §
											330.151 of
				  this title (relating to Disease Vector Control); §
											330.165
				  of this title (relating to Landfill Cover); and §
											330.167
				  of this title (relating to Ponded Water). Owners or operators of an MSW
				  landfill facility applying for a non-beneficial use gas control system for any
				  area within the facility's permit boundary shall apply for a permit
				  modification under §
											305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications). Type IX facility permits and registrations previously issued
				  for the recovery and beneficial use of landfill gas are considered to remain
				  valid under applicable permit provisions until amended, modified, or revoked by
				  the commission. The owner or operator must submit all information necessary to
				  complete the air quality review as prescribed by the commission and be approved
				  by the executive director prior to the Type IX registration by rule becoming
				  effective.