Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter J - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 330.401 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities that
				  have closed in accordance with §§
										330.453,
				  330.455,
				  or
				  330.457
				  of this title (relating to Closure Requirements for Municipal Solid Waste
				  Landfill Units that Stopped Receiving Waste Prior to October 9, 1991, Type IV
				  Landfills, and Municipal Solid Waste Sites; Closure Requirements for Municipal
				  Solid Waste Landfill Units that Received Waste on or after October 9, 1991, but
				  Stopped Receiving Waste Prior to October 9, 1993; or Closure Requirements for
				  Municipal Solid Waste Landfill Units that Receive Waste on or after October 9,
				  1993) prior to the effective date of the comprehensive rule revisions in this
				  chapter as adopted in 2006 (2006 Revisions) may continue to monitor groundwater
				  using the well location requirements contained in previously issued
				  authorizations, as allowed by §
										330.1(a)(1)
				  of this title (relating to Purpose and Applicability).
(b) Owners and operators of landfill units
				  shall comply with the 2006 Revisions to this subchapter by applying for a
				  permit modification with public notice in accordance with §
										305.70(l)
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications) to revise any inconsistent permit provisions within two years
				  from the effective date of the 2006 Revisions. If an approved groundwater
				  sampling and analysis plan allows for filtering groundwater samples, owners or
				  operators may continue to sample and analyze groundwater in accordance with
				  their approved groundwater sampling and analysis plan while also collecting and
				  analyzing unfiltered groundwater samples to reestablish background groundwater
				  constituent concentrations. The requirements in this subchapter apply to all
				  municipal solid waste landfill units, except for Type IAE and Type IVAE
				  landfills as provided in §
										330.5(b)
				  of this title (relating to Classification of Municipal Solid Waste Facilities)
				  and except as provided in §
										330.417
				  of this title (relating to Groundwater Monitoring at Type IV Landfills).
				  Additionally, the executive director may establish groundwater monitoring
				  requirements for solid waste management units other than Type I or Type IV
				  landfills where site-specific conditions and operations have the potential for
				  groundwater contamination.
(c)
				  Composting operations that require a permit are subject to the groundwater
				  monitoring requirements of §
										332.47(6)(C)(ii)
				  of this title (relating to Permit Application Preparation).
(d) Groundwater monitoring requirements under
				  §
										330.403
				  of this title (relating to Groundwater Monitoring Systems), §
										330.405
				  of this title (relating to Groundwater Sampling and Analysis Requirements),
				  §
										330.407
				  of this title (relating to Detection Monitoring Program for Type I Landfills),
				  and §
										330.409
				  of this title (relating to Assessment Monitoring Program) may be suspended by
				  the executive director for a solid waste management unit if the owner or
				  operator can demonstrate that there is no potential for migration of hazardous
				  constituents from that solid waste management unit to the uppermost aquifer as
				  defined in §
										330.3 of
				  this title (relating to Definitions) during the active life and the closure and
				  post-closure care period of the unit. This demonstration shall be certified by
				  a qualified groundwater scientist and approved by the executive director, and
				  must be based upon:
(1) site-specific
				  field-collected measurements, sampling, and analysis of physical, chemical, and
				  biological processes affecting contaminant fate and transport; and
(2) contaminant fate and transport
				  predictions that maximize contaminant migration and consider impacts on human
				  health and the environment.