Texas Natural Resource Conservation Commission

Use of Land over Closed Municipal Solid Waste Landfill


Courtesy of Texas Natural Resource Conservation Commission

 §330.951. Definitions.

Unless otherwise noted, all terms contained in this section are defined by their plain meaning. This section contains definitions that are applicable only to this subchapter and which supersede definitions in §330.2 of this title (relating to Definitions) where those terms appear in this subchapter. As used in this subchapter, words in the singular include the plural and words in the plural include the singular. The following words and terms, when used in this subchapter, shall have the following meanings.

(1) Alteration - Major reconstruction of an existing structure affecting the external frame or the foundation of the structure, or increasing the horizontal extent of the foundation. Standard redesign activities common in commercial structures, such as moving walls and doors, are not considered alterations.

(2) Closed Municipal Solid Waste Landfill (CMSWLF) - A discrete area of land or an excavation that has received only municipal solid waste or municipal solid waste combined with other solid wastes, including but not limited to construction/demolition waste, commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator hazardous waste, and industrial solid waste, and that is not a land application unit, surface impoundment, injection well, or waste pit as those terms are defined by 40 CFR §257.2.

(3) Closure plan - A plan addressing the placement of a final cap on a CMSWLF where waste is exposed or the existing cap is inadequate.

(4) Construction - The inception of an activity that provides improvements necessary for the utilization of an enclosed structure.

(5) Develop and/or development - Any activity on or related to real property that is intended to lead to the construction or alteration of an enclosed structure for the use and/or occupation of people for an industrial, commercial, or public purpose or to the construction of residences for three or more families, including subdivisions that will include single-family homes and duplexes.

(6) Development permit - A written permit issued by the commission that, by its conditions, may authorize a person or persons to develop an enclosed structure over a CMSWLF unit. The development permit does not supersede local building and development permits, but is an additional permit.

(7) Enclosed structure or structure - Any permanent structure which is intended to be or has the potential of being used or occupied by people for an industrial, commercial, public, or residential purpose.

(8) Essential improvements - All improvements and appurtenances including, but not limited to, the excavations for the structure, installation of utilities, on-site wastewater disposal facilities, grading and drainage improvements, access drives and parking lots, foundation, security, fencing, landscape plantings and irrigation systems necessary for the utilization of an enclosed structure.

(9) Existing structure - Any enclosed structure that began development prior to September 1, 1993.

(10) Garbage - Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling, and sale of produce and other food products.

(11) Hazardous waste - Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC §6901 et seq, as amended.

(12) Industrial Solid Waste (ISW) - Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operation, which may include hazardous waste.

(13) Municipal Solid Waste (MSW) - Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage and rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other wastes other than industrial solid wastes.

(14) Permitted development - An enclosed structure or group of enclosed structures that have been issued a development permit.

(15) Rubbish - Nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials.

(16) Site Operating Plan (SOP) - A prepared document that provides guidance for operations and procedures necessary to maintain human safety and environmental protection at the development, permitted development, or existing structure in a manner consistent with the development permit and the commission's regulations.

(17) Structures Gas Monitoring Plan (SGMP) - A document prepared by a registered professional engineer that provides procedures to ensure the detection of landfill gases and the prevention of migration of landfill gases into enclosed structures.

§330.952. Applicability and Exemptions.

§330.953. Soil Test Required Before Development.

§330.954. Development Permit and Registration Requirements, Procedures, and Processing.

§330.955. Prohibitions.

§330.956. Permit Application for Development Over a Closed Municipal Solid Waste Landfill Unit.

§330.957. Technical Requirements of Part A of the Application.

§330.958. Technical Requirements of Part B of the Application.

§330.959. Requirements for Registration of an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit.

§330.960. Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit.

§330.961. Notice to Real Property Records.

§330.962. Notice to Buyers, Lessees, and Occupants.

§330.963. Lease Restrictions.

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