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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 330MUNICIPAL SOLID WASTE
SUBCHAPTER TUSE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS
RULE §330.957Contents of the Development Permit and Workplan Application

(a) General requirements. The application shall follow the general requirements in §330.956 of this title (relating to Application for Proposed or Existing Constructions Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).

(b) Certification.

  (1) Following the language of Texas Health and Safety Code, §361.533, the licensed professional engineer preparing a development permit application shall include the following certification: Certification of No Potential Threat to Public Health or the Environment. "I, _____________, P.E. #______________, certify that the proposed development is necessary to reduce a potential threat to public health or the environment, or that the proposed development will not increase or create a potential threat to public health or the environment. Further, I certify that the proposed development will/will not damage the integrity or function of any component of the Closed Municipal Solid Waste Landfill Unit, including, but not limited to, the final cover, containment systems, monitoring system, or liners. This certification includes all documentation of all studies and data on which I relied in making these determinations." (signed, sealed, and dated by the licensed professional engineer).

  (2) For landfills in post-closure care, the owner or operator of the closed municipal solid waste (MSW) landfill unit shall submit to the executive director for review and approval a certification, signed by an independent licensed professional engineer and including all applicable documentation necessary to support the certification, demonstrating that:

    (A) any proposed construction activities or structural improvements on the closed MSW landfill unit or waste management area shall not disturb the integrity and function of the final cover, any liner(s), all components of the containment system(s), and any monitoring system(s);

    (B) the post-closure activities or improvements shall not increase or serve to create any potential threat to human health and the environment or that the proposed activities or improvements are necessary to reduce a potential threat to human health and the environment;

    (C) any proposed modification or replacement of existing construction activities or structural improvements on any closed MSW landfill unit or waste management area that may disturb the integrity and function of any portion of the final cover, any liner(s), any components of the containment system(s), or any monitoring system(s) shall not increase nor serve to create any potential threat to human health and the environment; and

    (D) other disturbances of a closed MSW landfill unit or waste management area if the owner or operator submits to the executive director for review and approval, a certification that demonstrates that the disturbance, including the removal of any waste, shall not cause harm to the integrity and function of the final cover, any liner(s), any components of the containment system(s), or any monitoring system(s) and shall not increase nor serve to create any potential threat to human health or the environment. This certification shall be signed by the owner or operator of the unit or facility and an independent licensed professional engineer and shall include all applicable documentation necessary for the certification.

(c) Existing conditions summary. The owner shall discuss any land use, environmental, or special issues that affect the facility. This shall include, but not be limited to:

  (1) condition of final cover;

  (2) waste characterization;

  (3) gas production; and

  (4) potential environmental impacts.

(d) Legal authority. The applicant shall provide verification of the applicant's legal status. Normally, this is a one-page certificate of incorporation issued by the Secretary of State.

(e) Evidence of competency. The names of the principals and supervisors of the applicant's organization relative to the development shall be provided.

(f) Notice of appointment. The applicant shall provide a notice of appointment identifying the applicant's engineer.

(g) Notice of coordination. The applicant shall provide notice of coordination with all local, state, and federal government officials and agencies.

(h) Legal description. The applicant shall provide legal description of the property in accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).

(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates the location of all waste disposal areas, existing and proposed structures, creeks, and ponds.

(j) Maps. All maps shall clearly show the boundaries of the tract of land under development and the actual fill areas.

  (1) General location maps. These maps shall be all or a portion of county maps prepared by the Texas Department of Transportation (TxDOT). At least one general location map shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed maps of the proposed site area, the more detailed maps shall also be included. The latest published revision of all maps shall be used. In addition, the applicant shall provide maps as necessary to accurately show proximity of the site to surrounding features and structures.

  (2) General topographic maps. These maps shall be United States Geological Survey 7-1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be at a scale of one inch equals 2,000 feet.

(k) General geology and soils statement. The application shall include a discussion in general terms of the geology and soils of the proposed facility, including any known pathways for leachate and landfill gas migration.

(l) Groundwater and surface water statement. The application shall include a description of the groundwater and surface water resources at or near the facility and how they will be impacted by the development.

(m) Foundation plans. The owner shall provide foundation plans, including geotechnical soil investigation and design reports.

  (1) In order to prevent gas migration into buildings and other structures, structures shall be designed and constructed in accordance with the following criteria.

    (A) A geomembrane or equivalent system with very low gas permeability shall be installed between the slab and the subgrade, and a permeable layer of a minimum thickness of 12 inches, composed of an open-graded, clean aggregate material, shall be installed between the geomembrane and the subgrade.

    (B) A geotextile filter shall be utilized to prevent introduction of fine soil or other particulate matter into the permeable layer.

    (C) A landfill gas ventilation or active collection system shall be installed consistent with the structures gas monitoring plan required by subsection (t) of this section.

    (D) Perforated venting pipes or alternative venting methods approved by the executive director shall be installed within the permeable layer and shall be designed to operate without clogging.

    (E) The venting gas devices shall be constructed to allow connection to an induced-draft exhaust system.

    (F) Automatic methane gas sensors shall be installed within the venting pipe and/or permeable gas layer and inside the building or any other structure in order to trigger an audible alarm when methane gas concentrations greater than 20% of the lower explosive limit are detected.

  (2) Alterations of existing structures are exempt from the requirements of paragraph (1) of this subsection.

  (3) An owner who requests suspension of gas monitoring based upon the demonstration required by subsection (t)(1)(B) of this section, may submit to the executive director a request for a variance from the requirements of paragraph (1) of this subsection. The executive director shall base the decision on site-specific factors including, but not limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and testing methods utilized by the owner.

(n) Other plans. The application shall include the following plans:

  (1) grading and drainage;

  (2) irrigation systems; and

  (3) a dimensional control plan of the facility relating all existing and/or proposed enclosed structures and essential improvements of the development and the locations of all required improvements and appurtenances to the legal description boundary of the facility and the limits of the waste disposal area, signed and sealed by a registered professional land surveyor.

(o) Soil tests. The owner shall provide all soil tests and/or other information relied upon to make the determination that the facility was used as an MSW disposal area as required by §330.953 of this title (relating to Soil Test Required before Development), including procedures performed to identify the limits of the waste disposal area.

(p) Certified copies of required notices. The owner shall provide certified copies of all notices having been made by the licensed professional engineer, by the owner, and by the lessor/lessee in accordance with §330.953 of this title, §330.962 of this title (relating to Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions).

(q) Closure plan. The owner shall provide a closure plan for any part of the waste disposal area that will not have a structure built over it, including placement of the final cover.

(r) Operational requirements plan. The owner shall provide a plan discussing the necessary procedures and practices to be implemented and followed to ensure that the owner meets the provisions of §330.961 of this title (relating to Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post-Closure Care).

(s) Site operating plan. The owner shall provide a site operating plan, which at a minimum shall include specific guidance, procedures, instructions, and schedules for the following:

  (1) a description, including size, type, and function, of the equipment to be utilized at the structure other than methane monitoring equipment;

  (2) a detailed description of the procedures that the operating personnel shall follow to utilize the equipment; and

  (3) a plan to implement and maintain the operational requirements of §330.961 of this title.

(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring plan in accordance with the following.

  (1) General.

    (A) The owner or lessee of a new enclosed structure built or installed over a closed MSW landfill unit shall ensure that the concentration of methane gas within the facility structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume methane) in facility structures (excluding gas control or recovery system components) overlying the closed MSW landfill unit.

      (i) Any new enclosed structures shall contain automatic methane gas sensors approved by the executive director and designed to trigger an audible alarm if the volumetric concentration of methane in the air is greater than 1.0% (20% of the lower explosive limit).

      (ii) Any new enclosed structures built over a closed MSW landfill shall utilize a ventilation system or an active gas extraction and collection system.

    (B) Landfill gas monitoring requirements for a development applying for a development permit under this subchapter may be suspended by the executive director if the owner can demonstrate that there is no potential for migration of the landfill gases listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a licensed professional engineer and approved by the executive director, and shall be based upon site-specific field-collected measurements, sampling, and analysis of physical, chemical, and biological processes.

  (2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a structures gas monitoring plan, designed by a licensed professional engineer, to the executive director for review and approval. The plan shall ensure detection of the presence of landfill gas entering on-site structures. All design drawings shall bear the licensed engineer's seal and signature. The plan shall include, but not be limited to, the following:

    (A) a discussion of specific facility characteristics and potential migration pathways or barriers in the development of the plan, including, but not limited to:

      (i) locations of buildings and structures relative to the waste disposal area;

      (ii) the nature and age of waste and its potential to generate landfill gas;

      (iii) routes of entry for the intrusion of landfill gas into structures;

      (iv) ignition sources within structures;

      (v) the location of any utility lines or pipelines that cross, are adjacent to, or are near the closed MSW landfill unit;

      (vi) number of people occupying the structures and duration of occupation; and

      (vii) depth of final cover over deposited waste;

    (B) a narrative describing design characteristics of proposed structures related to landfill gas accumulation prevention, detection, and elimination including, but not limited to:

      (i) structural;

      (ii) electrical; and

Cont'd...

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