| (a) The commission has classified all municipal solid
waste (MSW) facilities according to the method of processing or disposal
of MSW. Subject to the limitations in §§330.15, 330.171,
and 330.173 of this title (relating to General Prohibitions; Disposal
of Special Wastes; and Disposal of Industrial Wastes), and with the
written approval of the executive director, Type I, IV, V, and VI
MSW facilities may also receive special wastes, including Class 1
industrial solid waste and hazardous waste from very small quantity
generators, if properly handled and safeguarded in the facility.
(1) MSW facility - Type I. A Type I landfill unit is
the standard landfill for the disposal of MSW. The commission may
authorize the designation of special-use areas for processing, storage,
and disposal or any other functions involving solid waste. Except
as allowed in subsections (b) - (e) of this section, owners or operators
shall follow the permit application requirements prescribed in Subchapter
B of this chapter (relating to Permit and Registration Application
Procedures) and the minimum design and operational requirements of
Subchapter D of this chapter (relating to Operational Standards for
Municipal Solid Waste Landfill Facilities); Subchapter G of this chapter
(relating to Surface Water Drainage); Subchapter H of this chapter
(relating to Liner System Design and Operation); Subchapter I of this
chapter (relating to Landfill Gas Management); Subchapter J of this
chapter (relating to Groundwater Monitoring and Corrective Action);
Subchapter K of this chapter (relating to Closure and Post- Closure);
Subchapter L of this chapter (relating to Closure, Post-Closure, and
Corrective Action Cost Estimates); Subchapter M of this chapter (relating
to Location Restrictions); Subchapter T of this chapter (relating
to Use of Land Over Closed Municipal Solid Waste Landfills); and Chapter
37, Subchapter R of this title (relating to Financial Assurance for
Municipal Solid Waste Facilities). Those landfill units meeting the
requirements of subsection (b) of this section shall be referred to
as Type IAE landfill units. Type IAE landfill units are authorized
to accept the same types of waste as Type I landfill units subject
to the limitations in §330.173 of this title, and are exempt
from Subchapters H and J of this chapter. Owners or operators of Type
I landfill facilities that are authorized to operate a Type IV cell
or trench shall operate the cell or trench in accordance with paragraph
(2) of this subsection.
(2) MSW facility - Type IV. A Type IV landfill unit
may only accept brush, construction, or demolition waste, and/or rubbish.
A Type IV landfill unit may not accept putrescible wastes, very small
quantity generator waste, or household wastes. Except as allowed in
subsection (b) of this section, owners or operators shall follow the
permit application requirements prescribed in Subchapter B of this
chapter and the minimum design and operational standards prescribed
in Subchapters D and G of this chapter; §§330.331(d), 330.335,
330.337, 330.339, and 330.341 of this title (relating to Liner System
Design and Operation); §330.417 of this title (relating to Groundwater
Monitoring at Type IV Landfills); §§330.453, 330.463(a),
and 330.465 of this title (relating to Closure Requirements for Municipal
Solid Waste Landfill Units that Stopped Receiving Waste Prior to October
9, 1991, Type IV Landfills, and Municipal Solid Waste Sites, Post-Closure
Care Requirements, and Certification of Completion of Post-Closure
Care); Subchapter M of this chapter; and Chapter 37, Subchapter R
of this title. Those landfill units meeting the requirements of subsection
(b) of this section shall be referred to as Type IVAE landfill units.
Type IVAE landfill units are authorized to accept the same types of
waste as Type IV landfill units and are exempt from Subchapters H
and J of this chapter.
(3) MSW facility - Type V. Separate solid waste processing
facilities are classified as Type V. These facilities include processing
plants that transfer, incinerate, shred, grind, bale, salvage, separate,
dewater, reclaim, and/or provide other storage or processing of solid
waste. Owners or operators shall follow the minimum design and operational
requirements prescribed in Subchapter E of this chapter (relating
to Operational Standards for Municipal Solid Waste Storage and Processing
Units); Subchapter G of this chapter; Subchapter H of this chapter,
if required; Subchapter K of this chapter; Subchapter L of this chapter,
if financial assurance is required; Subchapter M of this chapter;
and Chapter 37, Subchapter R of this title, except that owners and
operators of recycling facilities who store combustible material are
required to comply with Chapter 37, Subchapter J of this title (relating
to Financial Assurance for Recycling Facilities). Groundwater monitoring
may be required by the executive director and shall be maintained
in accordance with the requirements of Subchapter J of this chapter.
(4) MSW facility - Type VI. A Type VI facility or operation
is a facility using a new or unproven method of managing or utilizing
MSW, including resource and energy recovery projects for processes
that are not currently in use in Texas. The commission may limit the
size of these facilities until the method is proven. The minimum operational
standards are prescribed in Subchapter E of this chapter.
(5) MSW facility - Type VII. A Type VII facility or
operation is a facility for the land management of sludges and/or
similar wastes. Operational standards, depending on the particular
waste, facility purpose, and method of operation (land application
for beneficial use, land disposal to include landfilling and land
treatment, etc.) are contained in Chapter 312 of this title (relating
to Sludge Use, Disposal, and Transportation).
(6) MSW facility - Type VIII. Facilities for the management
of used or scrap tires are classified as Type VIII. Standards are
prescribed in Chapter 328, Subchapter F of this title (relating to
Management of Used or Scrap Tires).
(7) MSW facility - Type IX. A Type IX facility is an
energy, material, gas recovery for beneficial use, or landfill mining
facility located within or adjacent to a closed disposal facility,
an inactive portion of a disposal facility, or an active disposal
facility, used for extracting materials for energy and material recovery
or for gas recovery for beneficial use. Registration by rule requirements
for facilities that recover landfill gas for beneficial use are prescribed
in §330.9(j) of this title (relating to Registration Required).
Owners or operators of other Type IX facilities shall follow the registration
application requirements prescribed in Subchapter B of this chapter.
All owners and operators shall follow the minimum design and operational
requirements of Subchapter E of this chapter; §330.459 of this
title (relating to Closure Requirements for Municipal Solid Waste
Storage and Processing Units); §330.461 of this title (relating
to Certification of Final Facility Closure); §330.505 of this
title (relating to Closure Cost Estimates for Storage and Processing
Units); and Chapter 37, Subchapter R of this title. Waste mining activities
shall also follow the minimum design and operation requirements of §330.149
of this title (relating to Odor Management Plan); §330.151 of
this title (relating to Disease Vector Control); §330.165 of
this title (relating to Landfill Cover); and §330.167 of this
title (relating to Ponded Water). Owners or operators of an MSW landfill
facility applying for a non-beneficial use gas control system for
any area within the facility's permit boundary shall apply for a permit
modification under §305.70 of this title (relating to Municipal
Solid Waste Permit and Registration Modifications). Type IX facility
permits and registrations previously issued for the recovery and beneficial
use of landfill gas are considered to remain valid under applicable
permit provisions until amended, modified, or revoked by the commission.
The owner or operator must submit all information necessary to complete
the air quality review as prescribed by the commission and be approved
by the executive director prior to the Type IX registration by rule
becoming effective.
(b) Owners or operators of a Type IAE or Type IVAE
landfill facility may qualify for an arid exemption, as follows.
(1) Owners or operators of new, existing, and lateral
expansions of Type IAE or Type IVAE landfill units may qualify for
an arid exemption and be exempt from Subchapters H and J of this chapter,
provided all of the following conditions are met:
(A) the facility disposes less than 20 tons per day
based on an annual average of authorized waste in a Type IAE landfill
unit and/or less than 20 tons per day based on an annual average of
authorized waste in a Type IVAE landfill unit for a total waste acceptance
rate less than 40 tons per day for the facility considering all waste
streams based on an annual average;
(B) there is no evidence of existing groundwater contamination
from the facility;
(C) the facility serves a community that has no practicable
waste management alternative; and
Cont'd... |
