reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.9 - Procedures for Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				application is administratively complete when received with all the information
				as required by Chapter 305 of this title (relating to Consolidated Permit), as
				appropriate, and this chapter.
(b)
				Application for a drilled or mined shaft permit shall be submitted with six
				copies of the completed application, including all reports and
				statements.
(c) The following shall
				be included in an application for a drilled or mined shaft permit:
(1) the manner in which financial assurances
				will be attained;
(2) an
				environmental assessment or environmental impact statement, if required by the
				Texas Water Code, §
										28.038;
(3) a decommissioning and closure
				plan;
(4) a fee, based on estimated
				cost of application processing and review, of not less than $10,000, which
				shall include, but is not limited to, consultants' fees, lab work, personnel
				salaries, support services, travel expenses, computer time, and informational
				services;
(5) a letter from the
				Railroad Commission of Texas stating that drilling or mining of the proposed
				shaft and use of the proposed shaft will not endanger or injure any oil or gas
				formation or significantly limit the potential for future recovery of or
				exploration for oil or gas; and
(6)
				a statement of the current status of any litigation involving the project or
				proposed siting of the shaft.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.10 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a) All shafts
				subject to this subchapter shall be specifically authorized by permit. Shafts
				serving the same underground working, or built as part of a single
				comprehensive ore body exploration or evaluation program, may be included in
				one permit. Additional shafts to be added after the permit is issued may be
				authorized by permit amendment after a demonstration as in §
									329.11(b)
				of this title (relating to Construction Standards for Shafts).
(b) A permit shall include terms and
				conditions reasonably necessary to protect the major and minor aquifers from
				pollution. The permit shall include requirements regarding the construction,
				operation, and decommissioning of a new shaft and corrective action, if
				necessary, to prevent pollution resulting from inadequately constructed,
				completed, and abandoned boreholes within the area of review. In the event
				that, after construction of a new shaft has commenced, evidence indicates that
				a well within the area of review of a shaft might pose a hazard to a major or
				minor aquifer, the executive director may prescribe a corrective action plan
				and compliance schedule to remedy such hazard as a condition for continued
				construction, use, or operation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.11 - Construction Standards for Shafts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The provisions of this subchapter apply to new shafts within the commission's
				jurisdiction.
(b) All shafts shall
				be constructed to prevent migration of fluids that may cause or allow the
				pollution of aquifers. Construction materials used in each shaft shall be
				designed for the life expectancy of the shaft.
(c) Appropriate surveys, logs and other tests
				shall be conducted during the construction of shafts. All surveys, logs and
				tests shall be interpreted by qualified persons.
(d) Any proposed changes or alterations to
				construction plans after permit issuance shall be filed with the executive
				director and approval obtained before incorporating such changes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.12 - Resident Inspector

Current through Reg. 49, No. 28; July 12, 2024
The executive director may designate a resident inspector to
				  oversee all phases of shaft activities. The resident inspector shall monitor
				  compliance with the terms of the permit for all testing, construction,
				  completion, and operation of the shaft and report to the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.13 - Operating Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				construction, use, and operation of a new shaft shall be as authorized by the
				permit.
(b) All shafts must have
				mechanical integrity.
(1) A lined shaft or
				lined portion of a shaft has mechanical integrity if there is no significant
				leak or physical deterioration in the casing, liners, and seals, and if there
				is no detectable fluid movement through vertical fluid channels adjacent to the
				shaft which could cause pollution of an aquifer.
(2) An unlined shaft, or unlined portion of a
				shaft, has mechanical integrity if there is no detectable deterioration of the
				wallrock which could cause pollution of an aquifer.
(3) In the event that a lined shaft, unlined
				shaft, or portion of an unlined shaft may have inflows of ground water, the
				executive director may require a shaft and mine water management plan be
				submitted as part of the shaft permit application.
(4) Mechanical integrity of the shaft
				(wallrock or casing, liners, and seals) must be demonstrated as required by the
				permit, during the life of the shaft, and shall be accomplished by a method
				approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.14 - Monitoring and Reporting Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The permittee shall submit daily construction chronology reports to the
				executive director and to the resident inspector, if applicable, providing data
				for each day during the drilling or mining, and casing or lining of the shaft.
				The data shall be presented in tabular form and shall report date, thickness
				and lithology penetrated, material settings and volumes, and
				problems.
(b) Within 90 days after
				the completion of the shaft, the permittee shall submit an engineering drawing
				showing the as built construction details of the shaft, liners, depth,
				thickness, and lithology of the rock units penetrated in constructing the
				shaft.
(c) The permittee shall,
				prior to commencing construction, provide written notice to the executive
				director that a copy of the permit has been filed with the commissioners court
				for the county where the shaft is located.
(d) The permittee shall notify the executive
				director in writing of the anticipated first date when the shaft will be used
				or operated for its stated purpose at least 30 days prior to commencing use of
				the shaft. Compliance with all pre-operation terms of the permit must occur
				prior to beginning operations.
(e)
				The permittee shall notify the executive director within 24 hours of the
				discovery of any unplanned leakage or other failure of the shaft or associated
				chambers.
(f) Within 90 days after
				the completion of a corrective maintenance action, a report shall be filed with
				the executive director providing the reason for the shaft corrective
				maintenance action and the details of all work performed and results of
				remedial action.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.15 - Surface Facilities

Current through Reg. 49, No. 28; July 12, 2024
Surface facilities must be constructed, maintained, and
				  operated in compliance with applicable permits and chapters governing that
				  facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.16 - Certification of Construction and Completion

Current through Reg. 49, No. 28; July 12, 2024
Prior to commencing operations, the permittee must certify
				  that the shaft was constructed and completed in compliance with permit
				  requirements.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.17 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				permittee shall keep complete and accurate records of:
(1) all construction records;
(2) mechanical integrity testing;
(3) geotechnical testing;
(4) water level and water quality
				testing;
(5) record of
				post-construction operations;
(6)
				corrective maintenance actions; and
(7) any additional information that the
				executive director determines might reasonably affect the construction and
				operation of the shaft.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.18 - Decommissioning

Current through Reg. 49, No. 28; July 12, 2024
Shaft decommissioning and closure shall be in accordance with
				  plans and specifications approved by the executive director. Decommissioning
				  seals shall be placed in the shaft so as to prevent the migration of fluids
				  into a major or minor aquifer. Shaft seal mix designs shall be compatible with
				  existing lining, if applicable, and adjacent strata.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 329 - DRILLED OR MINED SHAFTS › Section 329.19 - Appendix A

Current through Reg. 49, No. 28; July 12, 2024
Appendix A is a flow diagram of the procedures to obtain
				  authorization for a drilled or mined shaft.
Attached
				  Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.9 - Registration Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in §§
										330.7,
				  330.11,
				  330.13,
				  or
				  330.25
				  of this title (relating to Permit Required; Notification Required; Waste
				  Management Activities Exempt from Permitting, Registration, or Notification;
				  Relationship with County Licensing System), no person may cause, suffer, allow,
				  or permit any activity of storage, processing, removal, or disposal of any
				  municipal solid waste (MSW) unless that activity is authorized by a
				  registration or other authorization from the commission. In the event this
				  requirement is violated, the executive director may seek recourse against not
				  only the person that stored, processed, or disposed of the waste but also
				  against the generator, transporter, owner or operator, or other person who
				  caused, suffered, allowed, or permitted waste to be stored, processed, or
				  disposed. No person may commence physical construction of a new MSW management
				  facility subject to this registration requirement without first having
				  submitted a registration application in accordance with §§
										330.57,
				  330.59,
				  330.61,
				  330.63,
				  and
				  330.65
				  of this title (relating to Permit and Registration Application Procedures) and
				  received a registration from the commission. A person shall include a statement
				  justifying the facility's eligibility for a registration as established under
				  this section. A person shall submit a claim for a registration by rule in
				  duplicate with one copy sent directly to the appropriate Texas Commission on
				  Environmental Quality regional office.
(b) A registration is required for an MSW
				  transfer station facility that is used in the transfer of MSW to a solid waste
				  processing or disposal facility from any of the following:
(1) a municipality with a population of less
				  than 50,000;
(2) a county with a
				  population of less than 85,000;
(3)
				  a facility used in the transfer of MSW that transfers or will transfer 125 tons
				  per day or less; or
(4) a transfer
				  station located within the permitted boundaries of an MSW Type I or Type IV
				  facility as specified in §
											330.5(a)
				  of this title (relating to Classification of Municipal Solid Waste
				  Facilities).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.13 - Waste Management Activities Exempt from Permitting, Registration, or Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit,
				  registration, notification, or other authorization is not required for the
				  disposal of up to 2,000 pounds per year of litter or other solid waste
				  generated by an individual on that individual's own land and is not required to
				  comply with §
										330.19 of this
				  title (relating to Deed Recordation) provided that:
(1) the litter or waste is generated on land
				  that the individual owns;
(2) the
				  litter or waste is not generated as a result of an activity related to a
				  commercial purpose;
(3) the
				  disposal occurs on land that the individual owns;
(4) the disposal is not for a commercial
				  purpose;
(5) the waste disposed of
				  is not hazardous waste or industrial waste;
(6) the waste disposal method complies with
				  Chapter 111, Subchapter B of this title (relating to Outdoor Burning);
				  and
(7) the waste disposal method
				  does not contribute to a nuisance and does not endanger the public health or
				  the environment. Exceeding 2,000 pounds per individual's residence per year is
				  considered to be a nuisance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.15 - General Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  may not cause, suffer, allow, or permit the collection, storage,
				  transportation, processing, or disposal of municipal solid waste (MSW), or the
				  use or operation of a solid waste facility to store, process, or dispose of
				  solid waste, or to extract materials under Texas Health and Safety Code, §
										361.092,
				  in violation of the Texas Health and Safety Code, or any regulations, rules,
				  permit, license, order of the commission, or in such a manner that causes:
(1) the discharge or imminent threat of
				  discharge of MSW into or adjacent to the waters in the state without obtaining
				  specific authorization for the discharge from the commission;
(2) the creation and maintenance of a
				  nuisance; or
(3) the endangerment
				  of the human health and welfare or the environment.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.17 - Technical Guidelines

Current through Reg. 49, No. 28; July 12, 2024
In order to promote the proper collection, handling,
					 storage, processing, and disposal of municipal solid waste in a manner
					 consistent with the purpose of the Texas Health and Safety Code and 40 Code of
					 Federal Regulations Parts 257 and 258 as amended, the executive director will
					 make available technical guidelines outlining acceptable methods designed to
					 aid in compliance with this chapter. Guidelines should be considered as
					 suggestions only.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.19 - Deed Recordation

Current through Reg. 49, No. 28; July 12, 2024
(a) Recording
				  required. A person may not cause, suffer, allow, or permit the disposal of
				  municipal solid waste prior to recording, in the county deed records of the
				  county or counties in which the disposal takes place, a metes and bounds
				  description of the portion or portions of the tract of land on which disposal
				  of solid waste will take place.
(b)
				  Proof of recordation. A certified copy of the recorded document shall be
				  provided to the executive director prior to instituting disposal
				  operations.
(c) Final recording.
				  Upon completion of the disposal operation, closure of all landfill units, or
				  final closure of the facility or site, or upon discovery of a closed municipal
				  solid waste landfill or dumping area, the owner or operator shall file an
				  "Affidavit to the Public" in a form provided by the executive director that
				  includes an updated metes and bounds description of the extent of the disposal
				  areas and the restrictions to future use of the land in accordance with §
										330.457(g)
				  of this title (relating to Closure Requirements for Municipal Solid Waste
				  Landfill Units that Receive Waste on or after October 9, 1993) and §
										330.461(c)(1)
				  of this title (relating to Certification of Final Facility Closure).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter A - GENERAL INFORMATION › Section 330.21 - Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
				  those persons subject to §
										330.13
				  of this title (relating to Waste Management Activities Exempt from Permitting,
				  Registration, or Notification), a person is obligated to perform closure or
				  remediation for a facility or area that contains municipal solid waste. The
				  person can fulfill this obligation by meeting the remedy standards of Chapter
				  350 of this title (relating to Texas Risk Reduction Program). The regulations
				  in Chapter 350 of this title supplement, but do not replace, any requirements
				  for closure or remediation specified in subsections (b) and (c) of this
				  section.
(b) Any person that
				  stores, processes, or disposes of municipal solid waste at a facility permitted
				  under §
										330.7
				  of this title (relating to Permit Required), or registered under §
										330.9 of
				  this title (relating to Registration Required) shall, unless specifically
				  authorized by the commission, close the facility in accordance with the closure
				  provisions of the permit or registration.
(c) Any person that stores, processes, or
				  disposes of municipal solid waste is subject to the applicable provisions in
				  Subchapter K of this chapter (relating to Closure and Post-Closure).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.53 - Pre-application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to potential permit owners or operators who desire to
				  enter into agreements with affected persons and/or identify issues of local
				  concern prior to submission of an application. A pre-application review process
				  may be useful in situations where opposition to an application is likely to
				  exist.
(b) Purpose. A
				  pre-application review should serve to identify issues of concern, facilitate
				  communication between a potential owner or operator and persons that would be
				  affected by an application, and resolve as many points of conflict as possible
				  prior to the submission of an application. A local review committee shall:
(1) interact with the owner or operator in a
				  structured manner during the pre-application review stage of the permitting
				  process and, if necessary, during the technical review stage of the permitting
				  process, raise and attempt to resolve both technical and nontechnical issues of
				  concern; and
(2) produce a
				  fact-finding report documenting resolved and unresolved issues and unanswered
				  questions. The owner or operator shall submit this report to the executive
				  director with the owner's or operator's permit application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.55 - Other Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Air pollution control. The construction and operation of waste management
				  facilities shall comply with Subchapter U of this chapter (relating to Standard
				  Air Permits for Municipal Solid Waste Landfill Facilities and Transfer
				  Stations) or other approved air authorizations. Owners or operators of these
				  types of facilities should consult with the Air Permits Division on or before
				  the date that the municipal solid waste application is filed with the executive
				  director.
(b) Water pollution
				  control. All liquids resulting from the operation of solid waste facilities
				  shall be disposed of in a manner that will not cause surface water or
				  groundwater pollution. Facilities shall provide for the treatment of
				  wastewaters resulting from waste management activities and from cleaning and
				  washing. Owners or operators shall ensure that storm water and wastewater
				  management is in compliance with the regulations of the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.59 - Contents of Part I of the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Part I of the application consists of
				  information that is required regardless of the type of facility involved. All
				  items required by this section, §
											281.5
				  of this title (relating to Application for Wastewater Discharge, Underground
				  Injection, Municipal Solid Waste, Radioactive Material, Hazardous Waste, and
				  Industrial Solid Waste Management Permits) and §
											305.45
				  of this title (relating to Contents of Application for Permit) must be
				  submitted.
(2) Submittal of Part I
				  by itself will not necessarily require publication of a notice of intent to
				  obtain a municipal solid waste (MSW) permit under the provisions of Texas
				  Health and Safety Code (THSC), §361.0665, or a notice concerning receipt
				  of a permit application under the provisions of THSC, §361.079.
(3) For a permit application, submittal of
				  Part I only will not allow a permit application to be declared administratively
				  complete under the provisions of THSC, §361.068; §
											281.3
				  of this title (relating to Initial Review); and §
											281.18 of
				  this title (relating to Applications Returned).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.61 - Contents of Part II of the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Existing conditions summary. The owner or
				  operator shall determine and report to the executive director any site-specific
				  conditions that require special design considerations and possible mitigation
				  of conditions identified in subsections (h) - (o) of this section. The owner or
				  operator may discuss any additional land-use, environmental, or special issues
				  in an existing conditions summary.
(b) Waste acceptance plan.
(1) The owner or operator shall identify the
				  sources and characteristics of wastes (i.e., residential, commercial, grease
				  trap, grit trap, soluble sludges, septage, special wastes, Class 2 or Class 3
				  industrial solid wastes, compost feedstocks, etc.) proposed to be received for
				  storage, processing, or disposal. Municipal solid waste facilities may not
				  receive regulated hazardous waste. If a waste constituent or characteristic
				  could be a limiting parameter that may impact or influence the design and
				  operation of the facility, the owner or operator shall specify parameter
				  limitations of each type of waste to be managed by the facility, which may
				  include constituent concentrations and characteristics such as pH, fats, oil
				  and grease concentrations, total suspended solids, chemical oxygen demand,
				  biochemical oxygen demand, organic and metal constituent concentrations, water
				  content, or other constituents. The owner or operator shall include:
(A) a brief description of the general
				  sources and generation areas contributing wastes to the facility. This
				  description shall include an estimate of the population or population
				  equivalent served by the facility. Additionally, if applicable, a descriptive
				  narrative must be included that describes the percentage of incoming waste that
				  must be recovered and its intended use;
(B) for transfer stations, the maximum amount
				  of solid waste to be received daily and annually projected for five years, the
				  maximum amount of solid waste to be stored, the maximum and average lengths of
				  time that solid waste is to remain at the facility, and the intended
				  destination of the solid waste received at this facility; and
(C) for landfills, an estimated maximum
				  annual waste acceptance rate for the facility projected for five
				  years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.65 - Contents of Part IV of the Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The owner or operator shall submit a site
				  operating plan. This plan will provide general operating procedures for
				  facility management for day-to-day operations at the facility. The site
				  operating plan must be retained during the active life of the facility. At a
				  minimum, the site operating plan must include a description for how the items
				  in Subchapters D and E of this chapter (relating to Operational Standards for
				  Municipal Solid Waste Landfill Facilities; and Operational Standards for
				  Municipal Solid Waste Storage and Processing Units) will be
				  implemented.
(b) A facility that
				  has an environmental management system that meets both the minimum standards
				  described in § 90.32 of this title (relating to Minimum Standards for
				  Environmental Management Systems) and the United States Environmental
				  Protection Agency's National Environmental Performance Track (NEPT) Program
				  standards and is approved to operate under an environmental management system
				  in accordance with § 90.36 of this title (relating to Evaluation of an
				  Environmental Management System by the Executive Director), is not subject to
				  site operating plan requirements while the authorization to operate under the
				  environmental management system remains in place. In the event the executive
				  director terminates authorization to operate under an environmental management
				  system, the facility will comply with the site operating plan requirements
				  within 90 days.
(c) The owner or
				  operator shall specify procedures for recirculating leachate or gas condensate
				  into a landfill unit as part of the site operating plan.
(d) The owner or operator of a grease trap
				  waste, grit trap waste, or septage processing facility shall submit information
				  identifying any permit requirements under the Texas Pollutant Discharge
				  Elimination System and any permit requirements imposed by other agencies (e.g.,
				  local government pretreatment or discharge authorization
				  requirements).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.67 - Property Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  responsibility of an owner or operator to possess or acquire a sufficient
				  interest in or right to the use of the surface estate of the property for which
				  a permit is issued, including the access route. The granting of a permit does
				  neither convey any property rights or interest in either real or personal
				  property; nor does it authorize any injury to private property, invasion of
				  personal rights, or impairment of previous contract rights; nor any
				  infringement of federal, state, or local laws or regulations outside the scope
				  of the authority under which a permit is issued.
(b) The owner or operator shall retain the
				  right of entry to the facility until the end of the post-closure care period
				  for inspection and maintenance of the facility.
(c) Executive director approval or a permit
				  will be required if any on-site operations subsequent to closure of a landfill
				  facility involve disturbing the cover or liner of the landfill.
(d) It is also the responsibility of an owner
				  or operator to obtain any permits or approvals that may be required by local
				  agencies such as for building construction, discharge of uncontaminated waters
				  into ditches under control of a drainage district, discharge of effluent into a
				  local sanitary sewer system, etc.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter B - PERMIT AND REGISTRATION APPLICATION PROCEDURES › Section 330.71 - Duration and Limits of Registrations and Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall, after
				  review of any application for registration, approve or deny an application in
				  whole or in part. This action shall be based on whether the application meets
				  the requirements of this chapter.
(b) Except as provided in subsection (f) of
				  this section for demonstration facilities, a registration or permit is normally
				  issued for the life of the facility but may be revoked, amended, or modified at
				  any time if the operating conditions do not meet the minimum standards set
				  forth in this chapter or for any other good cause.
(c) When deemed appropriate a registration or
				  permit may be issued for a specific period of time. When an owner or operator
				  has made timely and sufficient application for the renewal of a registration or
				  permit, the existing registration or permit does not expire until the
				  application has been finally determined by the commission.
(d) A registration or permit is issued to a
				  specific person (see definition of person contained in §
										3.2 of
				  this title (relating to Definitions)) and may not be transferred from one
				  person to another without complying with the transfer approval requirements of
				  the commission.
(e) Except for
				  transporters and mobile treatment units, a registration or permit is attached
				  to the realty to which it pertains and may not be transferred from one facility
				  to another.
(f) Demonstration
				  projects for liquid waste processing facilities shall be limited to a two-year
				  period. Re-registration of a demonstration facility may be considered only if
				  the new method being demonstrated is not widely used in Texas.
(g) If a registered facility does not
				  commence physical construction within two years of issuance of a registration
				  or within two years of the conclusion of the appeals process, whichever is
				  longer, the registration shall automatically terminate and will no longer be
				  effective.
(h) If a registered
				  mobile liquid waste processing unit does not begin operation within two years
				  of obtaining its registration, the registration shall terminate and no longer
				  be effective.
(i) A registration
				  shall be considered to be a permit for purposes of revocation and denial under
				  Chapter 305 of this title (relating to Consolidated Permits).
(j) The owner or operator may file with the
				  chief clerk a motion to overturn the executive director's denial of a
				  registration under §
										50.139
				  of this title (relating to Motion to Overturn Executive Director's
				  Decision).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter C - MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION › Section 330.101 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all public and private
					 collection and transportation systems.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter C - MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION › Section 330.103 - Collection and Transportation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Municipal solid waste (MSW) containing
				  putrescibles shall be collected a minimum of once weekly to prevent propagation
				  and attraction of vectors and the creation of public health nuisances.
				  Collection should be made more frequently in circumstances where vector
				  breeding or harborage potential is significant.
(b) Transporters of MSW shall be responsible
				  for ensuring that all solid waste collected is unloaded only at facilities
				  authorized to accept the type of waste being transported. Off-loading at an
				  unauthorized location or at a facility not authorized to accept such waste is a
				  violation of this subchapter. Allowable wastes at a particular solid waste
				  management facility may be determined by reviewing the following regulations as
				  applicable:
(1)
											§
											330.5
				  of this title (relating to Classification of Municipal Solid Waste
				  Facilities);
(2) Subchapter D of
				  this chapter (relating to Operational Standards for Municipal Solid Waste
				  Landfill Facilities);
(3)
				  Subchapter E of this chapter (relating to Operational Standards for Municipal
				  Solid Waste Storage and Processing Units);
(4) Chapter 312, Subchapters A - E of this
				  title (relating to General Provisions; Land Application for Beneficial Use and
				  Storage at Beneficial Use Sites; Surface Disposal; Pathogen and Vector
				  Attraction Reduction; and Guidelines and Standards for Sludge Incineration);
				  and
(5)
											§
											330.15(e)
				  of this title (relating to General Prohibitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter C - MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION › Section 330.105 - Collection Vehicles and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Sanitation standards. All vehicles and equipment used for the collection and
				  transportation of municipal solid waste shall be constructed, operated, and
				  maintained to prevent loss of liquid or solid waste material and to minimize
				  health and safety hazards to solid waste management personnel, the public, and
				  the environment. Collection vehicles and equipment shall be maintained in a
				  sanitary condition to preclude odors and fly breeding.
(b) Operating condition of vehicles.
				  Collection vehicles should be maintained and serviced periodically and should
				  receive periodic safety checks. Safety defects in a vehicle should be repaired
				  before the vehicle is used.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter C - MUNICIPAL SOLID WASTE COLLECTION AND TRANSPORTATION › Section 330.107 - Collection Spillage

Current through Reg. 49, No. 28; July 12, 2024
(a) Cleanup at
				  collection point. The person operating the collection system shall provide for
				  prompt cleanup of all spillages caused by the collection operation.
(b) Cleanup along route. Persons transporting
				  solid waste shall not discharge or allow the discharge of solid waste from the
				  vehicle on the way to the municipal solid waste facility. If a discharge of
				  waste occurs during transportation, the transporter shall take immediate action
				  to contain the waste and to clean up and remove the discharged waste to an
				  approved solid waste management facility.
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 330.121 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) The approved
				  site development plan, the site operating plan, the final closure plan, the
				  post-closure maintenance plan, the landfill gas management plan, and all other
				  documents and plans required by this chapter shall become operational
				  requirements and shall be considered a part of the operating record of the
				  facility. Any deviation from the permit and incorporated plans or other related
				  documents associated with the permit is a violation of this chapter.
(b) To the extent that a requirement has been
				  changed by the rule amendments that became effective December 2, 2004 (2004
				  Revisions), the facility may continue to operate under requirements contained
				  in previously issued authorizations, except as provided by this subchapter. The
				  landfill permittee is under an obligation to apply for a permit modification in
				  accordance with §
										305.70(k)
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications), as applicable, to incorporate the 2004 Revisions. A permittee's
				  application to modify its permit in accordance with the executive director's
				  schedule will be processed as a modification and any subsequent applications
				  will be processed in accordance with Chapter 305, Subchapter D of this title
				  (relating to Amendments, Renewals, Transfers, Corrections, Revocation, and
				  Suspension of Permits). The executive director will determine a schedule for
				  landfill permittees to submit an application to modify their permit to conform
				  to the 2004 Revisions. Timely submission of a request for a permit modification
				  qualifies the owners or operators of existing permits to operate under
				  requirements contained in the existing permit. Landfill permit applications
				  that were pending December 2, 2004, are subject to the former rules unless an
				  applicant elects to proceed under the rules that became effective December 2,
				  2004.
(c) To the extent that
				  requirements of this subchapter have been changed by the comprehensive rule
				  revisions in this chapter as adopted in 2006 (2006 Revisions), a landfill
				  permittee may continue to operate under an existing permit and is not required
				  to apply to modify or amend an existing permit to comply with the 2006
				  Revisions. The requirements of §
										330.165(d)(4)
				  of this title (relating to Landfill Cover) supersede any inconsistent
				  provisions contained in existing permits.
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 330.123 - Pre-Operation Notice

Current through Reg. 49, No. 28; July 12, 2024
The owner or operator shall provide written notice in the
					 form of a soil liner evaluation report as described in §
										330.341
					 of this title (relating to Soil Liner Evaluation Report and Geomembrane Liner
					 Evaluation Report) of the final construction and lining of a new disposal area
					 (sector) to the executive director for review 14 days prior to the placement of
					 waste. The executive director has 14 days to provide a verbal or written
					 response. If by the end of the 14th day following the executive director's
					 receipt of the report no comments are received, the operator may begin placing
					 waste. This provision is not applicable to the initial opening of a municipal
					 solid waste landfill.
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 330.125 - Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of
				  the permit, the approved site development plan, the site operating plan, the
				  final closure plan, the post-closure maintenance plan, the landfill gas
				  management plan, and any other required plan or other related document shall be
				  maintained at the municipal solid waste facility, or an alternate location
				  approved by the executive director. This requirement shall be considered a part
				  of the operating record for the facility.
(b) The owner or operator shall within seven
				  working days of completion or receipt of analytical data, as appropriate,
				  record and retain in the operating record the following information:
(1) any and all location-restriction
				  demonstrations;
(2) inspection
				  records, training procedures, and notification procedures relating to excluding
				  the receipt of prohibited waste;
(3) all results from gas monitoring and any
				  remediation plans relating to explosive and other gases;
(4) any and all unit design documentation for
				  the placement of leachate or gas condensate in a municipal solid waste
				  landfill;
(5) any and all
				  demonstration, certification, findings, monitoring, testing, and analytical
				  data relating to groundwater monitoring and corrective action;
(6) closure and post-closure care plans and
				  any monitoring, testing, or analytical data relating to post-closure
				  requirements;
(7) any and all cost
				  estimates and financial assurance documentation relating to financial assurance
				  for closure and post-closure;
(8)
				  any and all information demonstrating compliance with the small community
				  exemption criteria;
(9) copies of
				  all correspondence and responses relating to the operation of the facility,
				  modifications to the permit, approvals, and other matters pertaining to
				  technical assistance;
(10) any and
				  all documents, manifests, shipping documents, trip tickets, etc., involving
				  special waste;
(11) for any
				  spray-applied alternative daily cover (ADC) material, records of the
				  application rate and total amount ADC applied to the working face on those days
				  in which ADC is applied; and
(12)
				  any other document(s) as specified by the approved permit or by the executive
				  director.
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 330.127 - Site Operating Plan

Current through Reg. 49, No. 28; July 12, 2024
A site operating plan must include provisions for site
					 management and the site operating personnel to meet the general and
					 site-specific requirements of this subchapter. A site operating plan must be
					 retained during the active life of the facility and throughout the post-closure
					 care maintenance period. A site operating plan must include the
					 following:
(1) a description of
				  functions and minimum qualifications for each category of key personnel to be
				  employed at the facility and for the supervisory personnel in the chain of
				  command;
(2) a description,
				  including the minimum number, size, type, and function, of the equipment to be
				  utilized at the facility based on the estimated waste acceptance rate and other
				  operational requirements, and a description of the provisions for back-up
				  equipment during periods of breakdown or maintenance of this listed
				  equipment;
(3) a description of the
				  general instructions that the operating personnel shall follow concerning the
				  operational requirements of this subchapter;
(4) identification of applicable training
				  requirements under §
										335.586(a) and
				  (c) of this title (relating to Personnel
				  Training) that shall be followed;
(5) procedures for the detection and
				  prevention of the disposal of prohibited wastes, including regulated hazardous
				  waste as defined in 40 Code of Federal Regulations (CFR) Part 261, and of
				  polychlorinated biphenyls (PCB) wastes as defined in accordance with 40 CFR
				  Part 761 unless authorized by the United States Environmental Protection
				  Agency. The detection and prevention program must include the following:
(A) procedures to be used by the owner or
				  operator to control the receipt of prohibited waste. The procedures must
				  include the random inspections of incoming loads and must include the
				  inspection of compactor vehicles. In addition to the random inspections,
				  trained staff shall observe each load that is disposed at the
				  landfill;
(B) records of all
				  inspections;
(C) training for
				  appropriate facility personnel responsible for inspecting or observing loads to
				  recognize prohibited waste;
(D)
				  notification to the executive director, and any local pollution agency with
				  jurisdiction that has requested to be notified, of any incident involving the
				  receipt or disposal of regulated hazardous waste or PCB waste at the landfill;
				  and
(E) provisions for the
				  remediation of the incident; and