(22) changes to an existing landfill gas collection
system design. Changes made for the purpose of complying with other
permits, rules, or regulations do not require prior approval under
this section before implementation. Notification of changes made to
a landfill gas collection system in order to comply with other permits,
rules, or regulations shall be sent within 30 days to the executive
director and the appropriate commission regional office. Upon receipt
of the notification the executive director will determine if submittal
of a modification is required;
(23) submittal of a new Groundwater Sampling and Analysis
Plan (GWSAP) or changes to an existing GWSAP;
(24) submittal of a new waste acceptance plan or the
addition of detailed narrative or design drawings which provide details
for the acceptance of waste streams authorized within the permit or
registration (e.g., Class 1 nonhazardous industrial waste);
(25) revisions to an existing waste acceptance plan
to include waste streams authorized by the permit or registration;
(26) upgrade of an existing landfill groundwater monitoring
system with no increase in depth or design, or the installation of
monitor wells at a different depth or design in addition to wells
in the approved groundwater monitoring system. Changes to the groundwater
monitoring system resulting from a change in the groundwater characterization
as defined in Chapter 330, Subchapter J of this title (relating to
Groundwater Monitoring and Corrective Action), must be requested as
an amendment under §305.62 of this title;
(27) the plugging of monitoring wells (e.g., landfill
gas or groundwater monitoring wells) when the executive director has
determined that the plugging of monitoring wells is appropriate in
various situations including, but not limited to, when a facility
has completed the post-closure maintenance period, when an obsolete
monitoring system is being replaced with a new monitoring system,
or when a damaged monitoring well is being replaced;
(28) changes to closure or post-closure care plans
for technical corrections, updated testing procedures, etc.;
(29) substitution of an equivalent financial assurance
mechanism;
(30) changes to a closure or post-closure care cost
estimate required under §§330.503, 330.505, or 330.507 of
this title (relating to Closure Cost Estimates for Landfills; Closure
Cost Estimates For Storage and Processing Units; and Post-Closure
Care Cost Estimates for Landfills) that result in an increase/decrease
in the amount of financial assurance required if the increase/decrease
in the cost estimate is due to an increase/decrease in the maximum
area requiring closure;
(31) changes in the amount of financial assurance required
as the result of corrective action;
(32) changes to the entry gate location that do not
alter access traffic patterns delineated in the permit or registration;
(k) Paragraphs (1) - (13) of this subsection are modifications
which require notice. For those modifications requiring notice, the
permittee or registrant must send notice of the modification application
by first-class mail in accordance with subsection (i) of this section
and to all persons listed in §39.413 of this title:
(1) the use of an alternate daily cover material on
a permanent basis in accordance with §330.165(d) of this title
(relating to Landfill Cover);
(2) a modification in the operation of a landfill that
will change the incoming waste stream to a more restrictive waste
stream (i.e., a change from a Type I landfill operation to a Type
IV landfill operation). The modification may be granted if the receipt
of waste under the present operation ceases once the modification
is approved; the filled portion of the landfill will be closed in
accordance with Chapter 330, Subchapter K of this title (relating
to Closure and Post-Closure); and the modification application details
changes to the site development plan and site operating plan as appropriate
to reflect the proposed change in operation;
(3) installation of a landfill gas collection system
for a landfill gas remediation plan in accordance with §330.371
of this title (relating to Landfill Gas Management);
(4) changes to groundwater monitor well depth or design
that are consistent with the groundwater characterization and approved
monitoring system design, and that improve the effectiveness of the
system in detecting contamination. Changes to the groundwater monitoring
system resulting from a change in the groundwater characterization,
must be requested as an amendment under §305.62 of this title;
(5) changes to decrease sampling frequency (e.g., for
groundwater and landfill gas monitoring systems);
(6) changes to a site layout plan that relocate a liquid
waste solidification facility or a petroleum-contaminated soil stabilization
area;
(7) changes to the facility legal description due to
the addition of property for purposes of increasing the buffer zone
as defined in §330.3 of this title;
(8) changes to the excavation plan with no increase
in the landfill's maximum permitted elevation, depth or permitted
capacity and which do not alter the effectiveness of the groundwater
monitoring system;
(9) changes to the approved final contours and approved
final slopes with no height or capacity increase over the maximum
permitted height or capacity, with no impact to off-site drainage;
(10) changes to include an alternative final cover
design in accordance with §330.457(d) of this title (relating
to Closure Requirements for Municipal Solid Waste Landfill Units that
Receive Waste on or after October 9, 1993);
(11) installation of a new leachate collection system
not authorized in the existing permit;
(12) changes to post-closure use of a landfill in accordance
with §330.957 of this title (relating to Contents of the Development
Permit and Workplan Application) during the post-closure care period;
(13) name changes or transfers of municipal solid waste
permits or registrations in accordance with §305.64 of this title
(relating to Transfer of Permits) must be processed as permit or registration
modification and require public notice after issuance. The mailing
procedures of this subsection shall be followed. Mailing procedures
shall be completed after the transfer is approved and within 20 days
following the approval.
(l) In case of an application for a permit or registration
modification for a change not listed in subsection (j) or (k) of this
section, the executive director shall make a determination as to whether
the change is eligible to be processed as a permit or registration
modification and if the change requires public notice in accordance
with subsection (i) of this section. In making this determination,
the executive director shall consider if the requested change meets
the criteria in subsections (d) and (e) of this section. Public notice
shall be reserved for modification applications of similar impact
as modifications listed in subsection (k) of this section.
(m) The applicant, public interest counsel, or other
person may file with the chief clerk a motion to overturn the executive
director's action on a modification application in accordance with §50.139
of this title (relating to Motion to Overturn Executive Director's
Decision).
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Source Note: The provisions of this §305.70 adopted to be effective December 30, 2001, 26 TexReg 10993; amended to be effective May 29, 2008, 33 TexReg 4157; amended to be effective May 14, 2020, 45 TexReg 3109 |