| (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 |
