(a) A person may not undertake the development of a
tract of land that is greater than one acre in area unless the person
conducts a soil test prior to or during development and construction.
The soil test is intended to determine if a landfill exists on the
property planned for development.
(b) A soil test under this section shall be conducted
by a licensed professional engineer.
(c) The licensed professional engineer must choose
one of the following tests.
(1) Test I. The licensed engineer shall observe all
subsurface disturbances, undertaken for whatever reason, during development
through the completion of the foundation. A subsurface investigation
prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken
for the purpose of finding a closed municipal solid waste landfill
unit. The investigation must incorporate a sufficient number of borings
or excavations, the number of which shall be determined on a site-specific
basis by the licensed professional engineer. Each boring or excavation
shall be to a minimum depth of ten feet.
(3) Test III. A subsurface investigation conducted
at the development site for geotechnical or environmental purposes,
or a housing and urban development test for a homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c),
any engineer who conducts a soil test and determines that part of
the tract overlies a closed municipal solid waste landfill shall notify
the following persons of that determination within 30 days of the
completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local government officials with the authority to
disapprove the application for development; and
(4) the regional council of governments.
(e) The responsible engineer shall affix his seal,
signature, and date of execution to the soil test results as required
by the Texas Engineering Practice Act, §15c, and in accordance
with 22 TAC §137.33 (relating to Sealing Procedures).
(f) All soil test excavations where waste is removed
shall be backfilled and compacted with clean high-plasticity or low-plasticity
clay. The excavation shall be backfilled to exceed the existing grade
and provide positive drainage.
|
Source Note: The provisions of this §330.953 adopted to be effective May 17, 1995, 20 TexReg 3241; amended to be effective March 27, 2006, 31 TexReg 2502; amended to be effective November 17, 2024, 49 TexReg 8930 |