Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.66 - Land Reclamation Projects Using Tires (LRPUT)

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person or entity intending to
				  initiate a Land Reclamation Projects Using Tires (LRPUT) shall notify the
				  executive director in writing of the intent to fill land by means of a LRPUT.
				  The application shall be submitted in triplicate either in writing or through
				  an electronic reporting system as allowed by the executive director.
				  Owners/operators of LRPUTs are required to provide information to the executive
				  director as part of the notification document as described in this subsection.
				  Approval in writing by the executive director (authorization to proceed) is
				  required before the reclamation project may be initiated. The executive
				  director may withhold authorization to proceed if the information submitted is
				  not deemed to be complete. The executive director shall have 60 days to review
				  the notification documents for completeness. The executive director may request
				  additional information if the executive director determines that the
				  notification submittal does not address all applicable requirements of this
				  subchapter or any potential risks to public health or the environment. The
				  following information shall be submitted in the notification document or
				  attachments thereto.
(1) The owner/operator
				  of the LRPUT shall disclose in the notification the location of the project on
				  a state highway map, United States Geological Survey map or similar, and
				  provide a legal description of the property. The general location on the site
				  where fill activities will take place shall be shown on one or more of these
				  maps;
(2) A property owner's
				  affidavit shall be submitted at the time of notification of intent to initiate
				  a LRPUT and shall include the following:
(A)
				  legal description of the property on which the LRPUT will occur; and
(B) acknowledgment that the owner has a
				  responsibility to file with the county deed records an affidavit to the public
				  advising that a reclamation project utilizing tire pieces exists on the site,
				  and providing details about the location of the filled area within the property
				  boundaries, areal extent of the fill project, coordinates or survey data, and
				  the approximate volume or weight of tires which were used as fill, at such time
				  as the fill project has been completed;
(3) The approximate volume of tire pieces
				  proposed to be placed below ground, or the equivalent number of whole tires,
				  and the approximate size and depth of the depression or borrow area to be
				  filled shall be disclosed in the notification document;
(4) The approximate period of time during
				  which the project will be conducted shall be disclosed, with estimated start
				  and finish dates;
(5) The method of
				  placement and commingling of the tire shreds to achieve a mix of tire pieces
				  with the inert fill material in a proportion no greater than 50% of tire
				  material by volume.
(6) A
				  demonstration of the seasonal high groundwater level in the area. The executive
				  director may require that an additional demonstration be provided for the
				  seasonal high groundwater level at the proposed site based on the demonstration
				  provided for the area. If the executive director requires an additional
				  demonstration of the seasonal high groundwater level at the proposed site, the
				  applicant shall provide the requested information within the time frame
				  specified by the executive director.
(7) A statement signed and sealed by a
				  professional engineer licensed to practice in Texas shall be submitted in the
				  notification to the executive director to certify that the LRPUT is designed in
				  a manner that will comply with the following standards.
(A) The LRPUT shall not cause a discharge of
				  solid waste or pollutants adjacent to or into the waters of the state,
				  including ground water, that is in violation of the requirements of the Texas
				  Water Code, §
												26.121;
(B) The LRPUT shall not adversely affect
				  human health, public safety or the environment, either during fill operations
				  or after the reclamation project is complete; and
(C) Tire or tire pieces shall not be placed
				  below ground in a manner that constitutes disposal as defined in Texas Health
				  and Safety Code §
												361.003(7);
(8) An affidavit signed by the
				  property owner shall be submitted certifying that:
(A) the borrow area, hole or disturbed land
				  area existed before the project; was excavated for another purpose; and was not
				  excavated for the burial of tire pieces;
(B) the LRPUT will be completed in a manner
				  that will comply with all regulations set forth in this subchapter and any
				  other rules of the commission or any other local, state or federal agency which
				  apply; and
(C) the local fire
				  marshal has been notified of the tire placement or fill activity.
(9) An affidavit signed by the
				  operator shall be submitted certifying that he or she is familiar with the
				  application and all supporting data; is aware of all commitments represented in
				  the notification; is familiar with all pertinent requirements in these
				  regulations; and agrees to develop and operate the project in accordance with
				  the application, applicable local and state regulations, and any special
				  provisions that may be imposed by the executive director.
(10) The owner or operator shall mail a copy
				  of the notification documents and attachments to the appropriate mayor and
				  county judge if the proposed project is to be located within the corporate
				  limits or extraterritorial jurisdiction of a city; or the appropriate county
				  judge if the proposed project is to be located within an unincorporated area of
				  a county; to the appropriate groundwater district; and to the appropriate
				  regional council of government. Proof of mailing shall be provided in the form
				  of return receipts for registered mail. Prior to authorizing a LRPUT, the
				  executive director shall consider any timely written notice by a local
				  government with jurisdiction over a proposed facility that is provided to the
				  executive director that the proposed facility does not comply with local
				  requirements related to managing scrap tires and protecting public health and
				  the environment. Local governments' notice of noncompliance shall include
				  adequate documentation of noncompliance at the proposed facility. The executive
				  director shall determine whether any documentation of noncompliance submitted
				  is adequate. The executive director shall disregard such notice if a court with
				  jurisdiction over a local government's decision determines that an application
				  complies with local requirements. Local governments shall be allowed 45 days
				  after an applicant mails notice to mail its reply to the executive
				  director.
(11) Upon the filing of
				  the notification documents, the facility owner or operator shall provide notice
				  to the general public by means of a notice by publication and a notice by mail.
				  Each notice shall specify both the name, affiliation, address, and telephone
				  number of the applicant and of the commission employee who may be reached to
				  obtain more information about the LRPUT project. The notices shall specify that
				  the notification documents have been provided to the county judge and that they
				  are available for review by interested parties. The applicant shall publish
				  notice in the county in which the facility is located. The notice shall be
				  published once a week for three weeks. The applicant should attempt to obtain
				  publication in a Sunday edition of a newspaper. The notice by certified mail,
				  return receipt requested, shall be sent to all adjacent landowners and all
				  owners of property within 500 feet of the boundary of the project; the health
				  authorities of the city and county in which the project will be located, if
				  applicable; and the appropriate state senator and representative for the area
				  encompassing the project.