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RULE §330.959Contents of Registration Application for an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit

(a) The application shall follow the general requirements as set forth in §330.956 of this title (relating to Application for Proposed or Existing Constructions Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).

(b) The registration application shall consist of the following:

  (1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the Development Permit and Workplan Application);

  (2) certified copies of all notices having been made by the owner and the lessor/lessee in accordance with §330.962 of this title (relating to Notice to Real Property Records), §330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and §330.964 of this title (relating to Lease Restrictions);

  (3) plans and drawings as set forth in §330.957(i), (j), and (n)(3) of this title;

  (4) a site operating plan as set forth in §330.957(s) of this title;

  (5) a structures gas monitoring plan:

    (A) General.

      (i) The owner or lessee of an existing structure built over a closed municipal solid waste landfill unit shall ensure that the concentration of methane gas generated by the landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume methane in air) in facility structures (excluding gas control or recovery system components). Any enclosed structures shall contain automatic methane gas sensors approved by the executive director and designed to trigger an audible alarm if the volumetric concentration of methane in the air is greater than 1.0%.

      (ii) Landfill gas monitoring requirements for a registration under this section may be suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.

    (B) Requirements for structures gas monitoring plan. The owner or lessee shall submit a structures gas monitoring plan, designed by a licensed professional engineer, to the executive director for review and approval. The plan shall ensure detection of the presence of landfill gas entering on-site structures. All design drawings should bear the licensed engineer's seal and signature. The plan shall include, but not be limited to, the following:

      (i) an analysis of specific facility characteristics and potential migration pathways or barriers as set forth in §330.957(t)(2)(A) of this title;

      (ii) a facility drawing, drawn to scale, which indicates the location of all waste disposal areas, existing structures, creeks, and ponds;

      (iii) a narrative describing modifications to the existing structures including, but not limited to, the following:

        (I) structural;

        (II) electrical;

        (III) mechanical; and

        (IV) landfill gas monitoring equipment including manufacturer's specification sheets and any gas ventilation or active gas extraction systems if the development utilizes such systems;

      (iv) a detailed implementation schedule for the installation of landfill gas monitoring equipment;

      (v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and

      (vi) a landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and

  (6) a safety and evacuation plan describing evacuation procedures and safety measures in the event the methane gas sensors sound the audible alarms.

Source Note: The provisions of this §330.959 adopted to be effective May 17, 1995, 20 TexReg 3241; amended to be effective March 27, 2006, 31 TexReg 2502

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