| (j) Paragraphs (1) - (32) of this subsection are allowable
permit and registration modifications that do not require notice if
they meet the criteria in subsection (d) of this section (i.e., they
must apply to minor changes to an MSW facility or its operation that
do not substantially alter the permit or registration conditions and
do not reduce the capability of the facility to protect human health
and the environment):
(1) the establishment of a cell or area that will accept
brush and construction demolition waste and rubbish only (also known
as a Type IV area) if the cell or area is located within the disposal
footprint specified in the site development plan or municipal solid
waste landfill (MSWLF) permit;
(2) changes in excavation details for landfills, except
for changes that would:
(A) increase the depth or lateral extent of the disposal
footprint as described in the site development plan or permit; or
(B) increase the disposal capacity of the landfill
facility;
(3) changes to the landfill marker systems (e.g., from
a grid based upon geographic coordinates to a grid based upon survey
coordinates);
(4) an increase in sampling frequency (e.g., for groundwater
and landfill gas monitoring systems);
(5) submittal of a new Soils and Liner Quality Control
Plan (SLQCP) or changes to an existing SLQCP;
(6) changes to existing landfill underdrain or dewatering
systems that maintain or improve effectiveness;
(7) changes to the site layout plan that add or delete
a registered or exempted MSW facility/activity (e.g., a used or scrap
tire collection area, a compost operation, a recycling collection
area, a liquid waste processing facility, a registered transfer station,
a citizens' collection station, a beneficial landfill gas recovery
plant, a brush collection/chipping/mulching area, etc.);
(8) changes in the site layout, other than entry gate
location, that relocate the gatehouse, office or maintenance building
locations, or that add scales to the facility;
(9) changes in the design details for an authorized
solidification basin;
(10) changes in the drainage control plan that alter
internal storm water run-on/run-off control without impacting offsite
drainage or increasing landfill disposal capacity;
(11) the addition of design and operational requirements
in accordance with §330.173 of this title (relating to the Disposal
of Industrial Wastes) for the opening of a dedicated cell or area
that will accept Class 1 nonhazardous industrial waste, provided that
the landfill permit authorizes the acceptance of that waste and that
the dedicated cell or area is located within the disposal footprint
specified in the site development plan or MSWLF permit;
(12) changes in the sequence of landfill development
unless the changes would potentially affect the adjacent property
owners or the community in which case notice in accordance with subsection
(i) of this section would be required;
(13) changes in the perimeter access control system
that do not reduce system effectiveness in controlling access to the
site;
(14) corrections in the metes and bounds description
of the permit or registration boundary that reduce the size of the
facility and that do not result in permit or registration acreage
beyond the original permit or registration boundary;
(15) a change in the facility records storage area
from an onsite to an offsite location;
(16) the addition of a composting refund plan (a plan
containing instructions and procedures to ensure collection of the
composting refund, as cited in Texas Health and Safety Code, §361.0135)
to the site operating plan of an MSWLF;
(17) changes to the Site Development Plan or Site Operating
Plan to provide performance-based standards for personnel or equipment,
or minor corrections to provide consistency within the permit;
(18) installation of a new monitoring well(s) that
replace(s) an existing monitoring well(s) (e.g., landfill gas or groundwater
monitoring well(s)) that has been damaged or rendered inoperable,
with no change to the design or depth of the well(s), or to the monitoring
system design;
(19) changes to an existing leachate collection system
design;
(20) installation of a new landfill gas monitoring
system not required by permit;
(21) changes to an existing landfill gas monitoring
system design that maintain or improve the monitoring system design;
(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);
Cont'd... |
