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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 330MUNICIPAL SOLID WASTE
SUBCHAPTER TUSE OF LAND OVER CLOSED MUNICIPAL SOLID WASTE LANDFILLS
RULE §330.962Notice to Real Property Records

(a) Owner of property. An owner of property that overlies a closed municipal solid waste (MSW) landfill shall prepare and file for record in the real property records in the county where the land is located a written notice stating:

  (1) the former use of the land;

  (2) the legal description of the tract of land that contains the closed MSW landfill, and at the owner's discretion, the portion of the tract of land that contains the closed MSW landfill;

  (3) notice that restrictions on the development or lease of the land exist in Texas Health and Safety Code, Chapter 361, Subchapter R and this subchapter; and

  (4) the name of the owner.

(b) Local government official. A local government official who receives notice under §330.953 of this title (relating to Soil Test Required before Development) that a closed MSW landfill exists on a tract of land shall prepare and file for record in the real property records in the county where the land is located a written notice stating:

  (1) the legal description of the tract of land that contains the closed MSW landfill;

  (2) the current owner of the tract;

  (3) notice of the tract's former use as an MSW landfill unit; and

  (4) notice that restrictions on the development or lease of the land exist in Texas Health and Safety Code, Chapter 361, Subchapter R and in this subchapter.


Source Note: The provisions of this §330.962 adopted to be effective March 27, 2006, 31 TexReg 2502

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