| (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 |
