| (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
Stations).
(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
treatment facility.
(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
erosion.
(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.
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| 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 |
