|(a) If at any time during the life of the facility
the owner or operator becomes aware of any condition in the permit
or registration that necessitates a change to accommodate new technology
or improved methods or that makes it impractical to keep the facility
in compliance, the owner or operator shall submit to the executive
director requested changes to the permit or registration in accordance
with §305.62 of this title (relating to Amendment) or §305.70
of this title (relating to Municipal Solid Waste Permit and Registration
Modifications) and must be approved prior to their implementation.
(b) All drawings or other sheets prepared for requested
revisions must be submitted following the format in §330.57(g)
of this title (relating to Permit and Registration Applications for
Municipal Solid Waste Facilities). All revised engineering and geoscientific
plans, drawings, and reports shall be signed and sealed by a licensed
professional engineer or geoscientist as specified in §330.57(f)
of this title.
(c) Before a permit, or a major permit amendment as
provided in §305.62(j)(1) of this title, for a municipal solid
waste (MSW) landfill is issued, the executive director shall perform
a site assessment of the facility, as prescribed by the executive
director, to confirm information included in the application.
(d) A preconstruction conference shall be held prior
to commencement of physical construction for an MSW landfill facility,
a vertical landfill expansion, or a lateral landfill expansion. The
preconstruction conference shall not be held more than 90 days prior
to the date that construction is scheduled to begin. All aspects of
the permit, construction activities, and inspections shall be discussed.
Additional preconstruction conferences may be held prior to the opening
of a new MSW landfill unit. The executive director and owner's representatives,
including the engineer, the geotechnical consultant, the contractor,
and the facility manager, shall attend the preconstruction conference.
(e) The owner or operator shall obtain and submit certification
by a Texas-licensed professional engineer that the facility has been
constructed as designed in accordance with the issued registration
or permit and in general compliance with the regulations prior to
initial operation. The owner or operator shall maintain that certification
on site for inspection.
(f) After all initial construction activity has been
completed and prior to accepting any solid waste, the owner or operator
shall contact the executive director and region office in writing
and request a pre-opening inspection. A pre-opening inspection shall
be conducted by the executive director within 14 days of notification
by the owner or operator that all construction activities have been
completed, accompanied by representatives of the owner or operator
and the engineer.
(g) The MSW facility shall not accept solid waste until
the executive director has confirmed in writing that all applicable
submissions required by the permit or registration and this chapter
have been received and found to be acceptable, and that construction
is in compliance with the permit or registration and the approved
site development plan. If the executive director has not provided
a written or verbal response within 14 days of completion of the pre-opening
inspection, the facility shall be considered approved for acceptance