(C) specify the maximum allowable period of time that
unprocessed and processed wastes are to remain on site.
(2) Incineration units. The owner or operator shall
provide waste feed rates, an estimate of the amount and planned method
for testing and final disposal of incinerator ash, an estimate of
the volume of quench or process water, and the planned method of treatment
and disposal of such water.
(3) Surface impoundments. The owner or operator shall
provide:
(A) design specifications for surface impoundments,
including a plan view and cross-section of the impoundment;
(B) the minimum freeboard to be maintained and the
basis of the design to prevent overtopping resulting from normal or
abnormal operations; overfilling; wind and wave action; rainfall;
run-on (if allowed); malfunctions of level controllers, alarms, and
other equipment; and human error. The owner or operator shall show
that adequate freeboard will be available to prevent overtopping from
a 25-year, 24-hour rainfall event; and/or
(C) in accordance with §330.339 of this title
(relating to Liner Quality Control Plan), a liner quality control
plan prepared in accordance with Subchapter H of this chapter (relating
to Liner System Design and Operation).
(4) Landfill units. The owner or operator shall specify:
(A) provisions for all-weather operation, e.g., all-weather
road, wet-weather pit, alternative disposal facility, etc., and provisions
for all-weather access from publicly owned routes to the disposal
facility and from the entrance of the facility to unloading areas
used during wet weather. Interior access road locations and the type
of surfacing shall be indicated on a facility plan. The roads within
the facility shall be designed so as to minimize the tracking of mud
onto the public access road;
(B) the landfill method proposed, e.g., moving-face
cell or trench, area fill, or combination;
(C) elevation of deepest excavation, maximum elevation
of waste, maximum elevation of final cover;
(D) a calculation of the estimated rate of solid waste
deposition and operating life of the landfill unit. As a general rule,
10,000 people with a per capita collection rate of five pounds per
day, dispose of 10 - 15 acre-feet of solid waste in one year;
(E) landfill unit cross-sections consisting of plan
profiles across the facility clearly showing the top of the levee,
top of the proposed fill (top of the final cover), maximum elevation
of proposed fill, top of the wastes, existing ground, bottom of the
excavations, side slopes of trenches and fill areas, gas vents or
wells, and groundwater monitoring wells, plus the initial and static
levels of any water encountered. The owner or operator shall provide
a sufficient number of cross-sections, both latitudinally and longitudinally,
so as to accurately depict the existing and proposed depths of all
fill areas within the site. The plan portion shall be shown on an
inset key map. The fill cross-sections shall go through or very near
the soil borings in order that the boring logs obtained from the soils
report can also be shown on the profile;
(F) construction and design details of compacted perimeter
or toe berms that are proposed in conjunction with aboveground (aerial-fill)
waste disposal areas shall be included in the fill cross-sections;
and
(G) a liner quality control plan prepared in accordance
with Subchapter H of this chapter.
(5) Arid exemption landfill application information.
Owners or operators of new, existing, and lateral expansions of small
MSW landfill facilities that meet the criteria in §330.5(b) of
this title (relating to Classification of Municipal Solid Waste Facilities)
shall submit a certification of eligibility to the executive director
and place a copy of the certification in the operating record. The
certification shall be signed by a principal executive officer, a
ranking elected official, or an independent professional engineer
licensed to practice in the State of Texas. The certification must
contain the following information:
(A) a statement certifying that the small MSW landfill
facility meets all requirements contained in §330.5(b) of this
title for exemptions from Subchapter H of this chapter (relating to
Liner System Design and Operation) and Subchapter J of this chapter
(relating to Groundwater Monitoring and Corrective Action);
(B) documentation that the small MSW landfill facility
receives for disposal an annual average of less than 20 tons per day
of authorized types of waste in a Type IAE landfill unit and/or less
than 20 tons per day of authorized types of waste in a Type IVAE landfill
unit for a total waste acceptance rate less than 40 tons per day for
the facility, based upon the most recent four reporting quarters or
a certification that programs have been put in place, or will be implemented,
to reduce the annual average to less than 20 tons per day based on
an annual average for each landfill unit type within one year;
(C) documentation that there are no practicable waste
management alternatives available. The documentation shall demonstrate
one of the following:
(i) additional costs of available alternatives are
estimated to exceed 1.0% of the owner's or operating community's budget
for all public services;
(ii) haul distances to alternative sites are unreasonably
long; or
(iii) all other alternatives are not feasible to implement,
given the community location and economic condition; and
(D) documentation that the small MSW landfill unit
receives less than or equal to 25 inches of average annual precipitation
as determined from precipitation data for the nearest official precipitation
recording station for the most recent 30-year reporting period.
(6) Type V mobile liquid waste processing units. The
owner or operator shall provide the following:
(A) documentation of affirmative local government approval
or acceptance of the mobile unit operation, including conformity with
local ordinances, local rules, or requirements set forth by the treatment
facility for the discharge, including local limits, zoning restrictions,
permits, licenses, authorizations, etc. These regulations do not grant
authorization for operation of mobile liquid waste processing units
in noncompliance with local government ordinances and regulations
or without the express approval of the local wastewater authority.
Discharge from a mobile liquid waste processing unit is allowed only
at selected disposal points selected by the local treatment facility
permitted under Texas Water Code, Chapter 26, so that they can be
monitored by the local treatment facility; and
(B) written approval from the receiving treatment facility
permitted under Texas Water Code, Chapter 26.
(7) Type IX energy, material, gas recovery for beneficial
use, or landfill mining waste processing units. The owner or operator
shall provide:
(A) For wastes to be excavated, a test pit evaluation
report prepared by an engineer. Prior approval of a test pit plan
must be obtained from the executive director before excavation of
test pits including location and depth of all test pits, including
a discussion and information on the following:
(i) a description of the characteristics of waste observed
in test pits excavated on the site to include the percent of paper,
plastics, ferrous metal, other metal, glass, other constituents, and
soil fraction by weight;
(ii) a design for the test pits to extend four feet
beneath the waste or to a depth authorized by the executive director
and information submitted to include a Toxicity Characteristic Leaching
Procedure (TCLP) of the soil to characterize the soil beneath the
site. Liners if present shall not be disrupted;
(iii) a TCLP analysis of each representative type of
waste excavated. Additionally, waste excavated from each test pit
must be analyzed for asbestos and polychlorinated biphenyls (PCBs).
Consideration should be given to the analysis of waste material from
each test pit for hazardous waste constituents;
(iv) a determination as to a sufficient number of test
pits to establish the properties of the waste. A site of five acres
or less must have a minimum of three test pits. Sites larger than
five acres must have three test pits plus one for every additional
five acres or fraction of an acre. The number of test pits shall be
approved by the executive director prior to making the pits. The test
pits should be sufficiently large enough to provide representative
information;
(v) a description of how all test pits will be backfilled
with clean high plasticity or low plasticity clay. The excavation
shall be backfilled to exceed the existing grade and provide positive
drainage;
(vi) a cross-section drawing using the information
from the test pits to depict the top and bottom elevations of the
landfill;
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