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RULE §330.461Certification of Final Facility Closure

(a) No later than 90 days prior to the initiation of a final facility closure, the owner or operator shall, through a public notice in the newspaper(s) of largest circulation in the vicinity of the facility, provide public notice for final facility closure. This notice shall provide the name, address, and physical location of the facility; the permit, registration, or notification number, as appropriate; and the last date of intended receipt of waste. The owner or operator shall also make available an adequate number of copies of the approved final closure and post-closure plans for public access and review. The owner or operator shall also provide written notification to the executive director of the intent to close the facility and place this notice of intent in the operating record.

(b) Upon notification to the executive director as specified in subsection (a) of this section, the owner or operator of a municipal solid waste management facility shall post a minimum of one sign at the main entrance and all other frequently used points of access for the facility notifying all persons who may utilize the facility of the date of closing for the entire facility and the prohibition against further receipt of waste materials after the stated date. Further, suitable barriers shall be installed at all gates or access points to adequately prevent the unauthorized dumping of solid waste at the closed facility.

(c) Within ten days after completion of final closure activities of a facility, the owner and operator shall submit to the executive director by registered mail the following:

  (1) if wastes will remain at the closed facility, a certified copy of an "affidavit to the public" in accordance with the requirements of §330.19 and §330.457(g) of this title (relating to Deed Recordation and Closure Requirements for Municipal Solid Waste Landfill Units that Receive Waste on or after October 9, 1993). In addition, the owner or operator of the closed facility shall record a certified notation on 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 according to the provisions specified in §330.465 of this title (relating to Certification of Completion of Post-Closure Care). The owner or operator shall submit a certified copy of the modified deed to the executive director and place a copy of the modified deed in the operating record within the time frame specified in this paragraph;

  (2) a certification, signed by an independent licensed professional engineer, verifying that final facility closure has been completed in accordance with the approved closure plan. The submittal to the executive director shall include all applicable documentation necessary for certification of final facility closure; and

  (3) for a facility that does not require post-closure care, a request for voluntary revocation of the facility permit or registration, as applicable.

(d) The owner or operator of the facility may request permission from the executive director to remove the notation from the deed if all wastes are removed from the facility in accordance with §330.7(a) of this title (relating to Permit Required).

Source Note: The provisions of this §330.461 adopted to be effective March 27, 2006, 31 TexReg 2502

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