| (17) Other requirements. No other requirements under
this chapter are applicable to a facility that meets all of the requirements
of this subsection.
(f) A permit by rule is granted for a dual chamber
incinerator if the owner or operator complies with §106.491 of
this title (relating to Dual-Chamber Incinerators).
(g) A permit by rule is granted for an air curtain
incinerator if the owner or operator complies with §106.496 of
this title (relating to Air Curtain Incinerators). An air curtain
incinerator may not be located within 300 feet of an active or closed
MSW landfill unit boundary.
(h) A standard air permit is granted for facilities
that comply with Subchapter U of this chapter (relating to Standard
Air Permits for Municipal Solid Waste Landfill Facilities and Transfer
(i) A permit by rule is granted for a period of up
to five years to a county or municipality with a population of 12,000
people or less to dispose of demolition waste from properties with
nuisance or abandoned buildings.
(1) Requirements. The following conditions must be
(A) Form submittal. The county or municipality submits
a form provided by the commission to the executive director for review
and approval before construction begins.
(B) Notice to regional office. The county or municipality
notifies the applicable commission regional office of the intent to
dispose of waste under this authorization at least 48 hours prior
to accepting the first load of waste.
(C) Facility location. The location where disposal
(i) is owned or controlled by the county or municipality,
(ii) receives less than or equal to 25 inches average
annual precipitation as determined from precipitation data for the
nearest official precipitation recording station for at least the
most recent 30-year reporting period or by another method approved
by the executive director.
(D) Sources of waste. The properties on which nuisance
and abandoned buildings are located have been acquired by the county
or municipality by means of bankruptcy, tax delinquency, or condemnation,
and the previous owners are not financially capable of paying the
costs of the disposal of demolition waste at a permitted solid waste
disposal facility, including transportation of the waste to the facility.
(E) Waste acceptance.
(i) Prior to demolition, structures are surveyed and
abated, if required, for asbestos-containing materials in accordance
with 25 TAC Chapter 295, Subchapter C (relating to Texas Asbestos
(ii) The facility may accept non-regulated asbestos-containing
materials (non-RACM) for disposal. The wastes are placed on the active
working face and covered at the end of the operating day with at least
six inches of soil. Under no circumstances may any of the material
containing non-RACM be placed on a surface that is subject to vehicular
traffic or disposed of by any other means by which the material could
be crumbled into a friable state.
(iii) The facility may accept regulated asbestos-containing
materials (RACM) if the following conditions are met.
(I) The county or municipality notifies the executive
director on a form provided by the commission in accordance with subparagraph
(A) of this paragraph.
(II) All waste trenches are identified as receiving
RACM, and deed records required under subparagraph (Q) of this paragraph
include an indication that the waste trench(es) received RACM.
(III) RACM is transported and received at the facility
in tightly closed and unruptured containers or bags or wrapped with
at least six-mil polyethylene.
(IV) Bags or containers holding RACM are carefully
unloaded and placed in the final disposal location. RACM is then covered
immediately with at least six inches of soil. Care is taken during
unloading and placement of RACM and during application of the cover
so that the bags or containers are not ruptured.
(iv) Waste is limited to the abandoned or nuisance
buildings and materials from the property on which the buildings are
located. All waste disposed under this authorization must meet the
limitations of §330.5(a)(2) of this title (relating to Classification
of Municipal Solid Waste Facilities) and may not include waste prohibited
under §330.15(e) of this title.
(F) Access control. Access to the disposal facility
is controlled by means of fences, other artificial barriers, natural
barriers, or a combination of these methods, and includes a locking
(G) Buffers and easements. The county or municipality
maintains a minimum distance of 50 feet as a buffer between the permit
boundary and waste storage, processing and disposal areas. No disposal
occurs within a utility or pipeline easement or within 25 feet of
the center of a utility or pipeline easement.
(H) Below-grade placement. Waste is placed only below
grade. The top of final cover is placed at pre-existing grade or up
to three feet above pre-existing grade to ensure that natural drainage
patterns are not altered and ponding of water over waste is prevented.
(I) Weekly cover. Waste is covered at least weekly
with six inches of earthen material not previously mixed with waste,
or by tarps. Use of tarps as cover is limited to a seven-day period
after which the county or municipality must replace the tarp with
either waste or a six-inch layer of earthen material not previously
mixed with waste. Tarps may not be used in place of soil cover requirements
relating to non-RACM and RACM in subparagraph (E)(ii) and (iii) of
this paragraph. Any trench that has received waste but will be inactive
for more than 180 days receives intermediate cover in accordance with
subparagraph (J) of this paragraph, or final cover in accordance with
subparagraph (P) of this paragraph.
(J) Intermediate cover. Waste is covered, including
any soil weekly cover, with twelve inches of well compacted earthen
material not previously mixed with waste.
(K) Maximum volume. The design waste disposal volume
is less than 2.5 million cubic meters in accordance with §106.534(3)
of this title (relating to Municipal Solid Waste Landfills and Transfer
(L) Facility signs. At all entrances through which
waste is received, the facility conspicuously displays a sign with
letters at least three inches in height providing a statement that
the facility is "NOT FOR PUBLIC USE," an emergency 24-hour contact
number that reaches an individual with the authority to obligate the
facility at all times that the facility is not in operation, and the
local emergency fire department number.
(M) Stormwater and contaminated water. The county or
municipality constructs berms to divert the 25-year/24-hour storm
event from entering excavations containing waste. Water that has contacted
waste is managed as contaminated water and disposed at an authorized
(N) Reporting. The county or municipality, while not
required to provide quarterly reporting, provides annual reporting
in accordance with the annual reporting provisions of §330.675(a)
of this title (relating to Reports).
(O) Reauthorization. Before reaching the permit by
rule term limit of five years, the county or municipality may request
reauthorization under the permit by rule by submitting a form that
is current at the time of reauthorization, provided by the commission
in accordance with subparagraph (A) of this paragraph, to the executive
director at least 14 days before the end of the permit term.
(P) Final cover. The following conditions are met.
(i) Within 60 days after a trench reaches its capacity
or waste deposition activities are complete in a trench, the county
or municipality installs final cover over waste in the trench. Final
cover shall be composed of no less than two feet of soil. The first
18 inches or more of cover shall be of compacted clayey soil, classification
sand clay (SC) or low plasticity clay (CL) as defined in the "Unified
Soils Classification System" developed by the United States Army Corps
of Engineers, and placed and compacted in layers of no more than six
inches to minimize the potential for water infiltration. A high plasticity
clayey (CH) soil may be used; however, this soil may experience excessive
cracking and shall therefore be covered by a minimum of 12 inches
of topsoil to retain moisture. Other types of soil may be used with
prior written approval from the executive director. The final six
inches of cover shall be of suitable topsoil that is capable of sustaining
native plant growth and shall be seeded or sodded as soon as practicable
following the application of the final cover in order to minimize
(ii) The trench final cover procedures listed in clause
(i) of this subparagraph are completed before facility closure, as
described in subparagraph (Q) of this paragraph. If these procedures
cannot be performed before the permit by rule term limit is reached,
the county or municipality submits a current application form for
reauthorization of the permit by rule to the executive director at
least 14 days before the end of the permit term.
(Q) Facility closure. The county or municipality notifies
the executive director and the applicable regional office at least
60 days before the anticipated closure date of the facility. Within
ten days after closure, submit to the executive director by registered
mail a certified copy of an "affidavit to the public" in accordance
with the requirements of §330.19 of this title (relating to Deed
Recordation). In addition, record a certified notation of 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. Submit a certified deed
to the executive director.
(2) Other provisions. The following provisions also
apply to this authorization.
(A) Processing. This permit by rule also authorizes
the processing of waste destined for the disposal unit. Authorized
processing is limited to volume reduction, such as chipping or grinding,
but not burning. Processing must occur within the permit boundary
and may not occur within a buffer zone or right-of-way. Tires, RACM
and non-RACM may not be processed. If required, the county or municipality
must obtain authorization for air emissions resulting from this processing.
(B) Fees. Waste that is disposed under this authorization
is not subject to the fee requirements of Subchapter P of this chapter.
(C) Other requirements. No other requirements under
this chapter are applicable to a facility that meets all the requirements
of this subsection.
|Source Note: The provisions of this §330.7 adopted to be effective March 27, 2006, 31 TexReg 2502; amended to be effective August 16, 2012, 37 TexReg 6072; amended to be effective July 31, 2014, 39 TexReg 5796