Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 330 - MUNICIPAL SOLID WASTE › Subchapter K - CLOSURE AND POST-CLOSURE › Section 330.461 - Certification of Final Facility Closure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  No later than 90 days prior to the initiation of a final facility closure, the
				  owner or operator shall, through a public notice in the newspaper(s) of largest
				  circulation in the vicinity of the facility, provide public notice for final
				  facility closure. This notice shall provide the name, address, and physical
				  location of the facility; the permit, registration, or notification number, as
				  appropriate; and the last date of intended receipt of waste. The owner or
				  operator shall also make available an adequate number of copies of the approved
				  final closure and post-closure plans for public access and review. The owner or
				  operator shall also provide written notification to the executive director of
				  the intent to close the facility and place this notice of intent in the
				  operating record.
(b) Upon
				  notification to the executive director as specified in subsection (a) of this
				  section, the owner or operator of a municipal solid waste management facility
				  shall post a minimum of one sign at the main entrance and all other frequently
				  used points of access for the facility notifying all persons who may utilize
				  the facility of the date of closing for the entire facility and the prohibition
				  against further receipt of waste materials after the stated date. Further,
				  suitable barriers shall be installed at all gates or access points to
				  adequately prevent the unauthorized dumping of solid waste at the closed
				  facility.
(c) Within ten days after
				  completion of final closure activities of a facility, the owner and operator
				  shall submit to the executive director by registered mail the following:
(1) if wastes will remain at the closed
				  facility, a certified copy of an "affidavit to the public" in accordance with
				  the requirements of §
											330.19 and
				  §
											330.457(g)
				  of this title (relating to Deed Recordation and Closure Requirements for
				  Municipal Solid Waste Landfill Units that Receive Waste on or after October 9,
				  1993). In addition, the owner or operator of the closed facility shall record a
				  certified notation on the deed to the facility property, or on some other
				  instrument that is normally examined during title search, that will in
				  perpetuity notify any potential purchaser of the property that the land has
				  been used as a landfill facility and use of the land is restricted according to
				  the provisions specified in §
											330.465
				  of this title (relating to Certification of Completion of Post-Closure Care).
				  The owner or operator shall submit a certified copy of the modified deed to the
				  executive director and place a copy of the modified deed in the operating
				  record within the time frame specified in this paragraph;
(2) a certification, signed by an independent
				  licensed professional engineer, verifying that final facility closure has been
				  completed in accordance with the approved closure plan. The submittal to the
				  executive director shall include all applicable documentation necessary for
				  certification of final facility closure; and
(3) for a facility that does not require
				  post-closure care, a request for voluntary revocation of the facility permit or
				  registration, as applicable.