1. (a) A permittee may put into effect a Class I modification to a municipal solid waste (MSW) permit provided that the permittee has received prior written authorization for such Class I modification from the executive director. In order to receive prior written authorization, the permittee must submit a modification request to the executive director specifying the changes to be made to permit conditions or to supporting documents referenced by the permit, and explaining in detail why such changes are necessary. The permittee must submit two copies of the modification request in accordance with §305.44 of this title (relating to Signatories to Applications). Failure to submit the modification request with complete information shall constitute grounds for returning the request to the permittee without further action.
2. (b) The permittee must send notice of the modification request by first-class mail to all persons listed in §305.103(b) of this title (relating to Notice by Mail) if the Class I permit modification identified in subsection (g) of this section is marked by a superscript 1. This notification must be made no later than 30 calendar days after the executive director acts upon the request. If the permittee fails to give notice as required, approval of the modification request is automatically revoked.

3. (c) No later that 60 calendar days after receipt of the modification request, the executive director must:

   1. (1) approve the modification request, with or without changes, and modify the permit accordingly;
   2. (2) deny the request;
   3. (3) request additional information concerning the request from the permittee; or
   4. (4) determine that the modification request does not qualify as a Class I permit modification, and that the requested change requires a permit amendment pursuant to §305.62 of this title (relating to Amendment).
4. (d) If a request for a Class I permit modification is denied by the executive director, the permittee must comply with the original permit conditions. Any change in a term, condition, or provision of an MSW permit that is not authorized by the executive director as a Class I permit modification requires a permit amendment pursuant to §305.62 of this title (relating to Amendment).
5. (e) If after 60 days from receipt of a modification request that is specifically identified in subsection (g) of this section, the executive director fails to approve or deny the request or to notify the permittee that the requested modification requires a permit amendment pursuant to §305.62 of this title (relating to Amendment), the modification request shall be automatically approved. The executive director may extend this 60-day time period if necessary to review additional information submitted pursuant to subsection (c)(3) of this section. The length of the extension shall be equivalent to the amount of time necessary to review the additional information.
6. (f) With the written consent of the permittee, the executive director may extend indefinitely or for a specified period the time periods set out in subsections (c) and (e) of this section.

7. (g) The following is a list of possible Class I modifications to an MSW permit:

   1. (1) a change in the sequence of landfill development;
   2. (2) a change in the size and/or shape of a trench to obtain a 3:1 side slope, as long as there is no increase in capacity;
   3. (3) replacement of existing monitor wells that have been damaged or rendered inoperable, with no change to design or depth of the wells and a change in location of up to 20 feet horizontally;
   4. (4) changes in the location of marker systems (i.e., grid markers);
   5. (5) improvements to a fire protection plan;
   6. (6) changes to interior road location in order to prevent traffic through the disposal area;
   7. (7) changes in interior road design and construction materials;
   8. (8) increases in sampling frequency (e.g., for groundwater, methane, etc.);
   9. (9) changes in excavation details, except for increases in depth that would change the SLQCP or increase the site life;
   10. (10) corrections to the metes and bounds description of the permit boundaries that do not increase the size of the facility;
   11. (11) upgrade of landfill liner design, installation, or quality control testing to reflect the requirements of revised regulations which provide for greater environmental protection;
   12. (12) installation of a leachate collection system;
   13. (13) installation of a methane gas monitoring system;
   14. (14) installation of a methane gas collection system or the installation of additional collection wells to an existing gas collection system;
   15. (15) changes in closure or post-closure care requirements to reflect the requirements of revised regulations which provide for increased environmental protection;
   16. (16) the use of alternate daily cover on a trial basis not to exceed six months with one six-month extension allowable;
   17. (17) changes regarding the use of alternate windblown waste control methods;
   18. (18) substitution of an equivalent financial assurance mechanism;
   19. (19) temporary changes in operating hours to address natural-disaster situations or to accommodate special community events;
   20. (20) changes in the drainage control plan that improve internal stormwater runon/runoff handling without impacting offsite drainage;
   21. (21) changes in the entry gate location or site layout that relocate gatehouse, office, or maintenance building locations, or add scales to the facility, so long as the changes do not alter access traffic patterns delineated in the site development plan and/or the permit;
   22. (22) changes to a site layout plan that add or delete a properly registered or exempted MSW facility--a used or scrap tire collection area, a recycling collection area, a sludge/grease/grit trap processing or stabilization facility, a petroleum contaminated soil stabilization area, a registered transfer station, a citizens' collection area, a pesticide container collection area, a composting operation, or other activity properly registered with the commission;

   23. (23) subject to the limitation under subsection (h) of this section, an increase in landfill height that meets one of the following conditions:

       1. (A) the entire facility or a portion of the facility either ceases the receipt of solid waste within 365 days of executive director approval of the height increase and initiates formal closure of the entire facility or a portion of the facility, or has formally closed the facility or a portion of the facility; or
       2. (B) the facility has submitted a request for a major permit amendment pursuant to §305.62(c)(1) of this title (relating to Amendments) to increase the height of the landfill; or

       3. (C) the height increase is requested solely for the purpose of improving drainage from the filled area, and:

          1. (i) the waste disposal area is not expanded into the limits of the buffer zone or within easements that exist; and
          2. (ii) final contour elevations, including final cover, are no greater than 10 feet above the maximum final contour elevation of the contiguous landfilled area or phase of landfill development;

   24. (24) a modification in the operation of a landfill that will change the incoming waste stream from a more restrictive waste stream to a less restrictive waste stream, i.e., a change from a Type I, II, or III landfill operation to a Type IV landfill operation may be granted, provided that the receipt of waste under the present operation has ceased and that the following conditions shall be satisfied.

       1. (A) Permanent closure of the filled portion of the landfill shall be initiated in accordance with the regulations for closure of municipal solid waste landfills. Completion may occur after the approval of the request to change the site operation.
       2. (B) The permittee shall provide a public notice of the proposed action to the general public by publishing the notice, within 15 days after the request, in a newspaper with general circulation in the area in which the landfill is located, and submitting a certified copy of the notice, within 15 days after publication, to the executive director as a record of this action.
       3. (C) The permittee shall conduct a public meeting in the local area, within 30 days after the request, to describe the proposed action to the general public and provide evidence, within 15 days after the meeting, to the executive director that the meeting was held.
       4. (D) The permittee shall submit, for approval and with the request for a change, documents that show the appropriate modifications to the site development plan and site operating plan to reflect the proposed change in operation.
   25. (25) Changes to comply with the provisions of §330.203 of this title (relating to Special Conditions (Liner Design Constraints)).
8. (h) Authorization to increase the height of a landfill, in accordance with subsection (g)(23) of this section, may only be granted one time as a Class I modification. Subsequent requests for an increase in height require a permit amendment. Height increases granted under subsection (g)(23) of this section that exceed 10 feet above the approved final elevations must be justified and the request must demonstrate that an increase in the capacity or life of the site will not occur.

9. (i) In case of a request for a Class I modification for a change in a term, condition, or provision of an MSW permit not explicitly listed in subsection (g) of this section, the executive director shall make the determination as to whether the modification request may be processed as a Class I modification or whether the change requires a permit amendment pursuant to §305.62 of this title (relating to Amendment). In making this determination, the executive director shall consider the similarity of the requested change to those Class I modifications listed in subsection (g) of this section, as well as the following criteria.

   1. (1) Class I modifications apply to minor changes to the facility or its operation that are routine in nature.
   2. (2) Class I modifications do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment.
10. (j) A temporary authorization may be granted by the executive director for a term of not more than 180 days for activities or events that will prevent disruption of solid waste management activities. The permittee must request a temporary authorization and must include in the request a specific description of the activities to be conducted and an explanation of why the temporary authorization is necessary, reasonable, and unavoidable. A temporary authorization may be reissued for an additional term of 180 days if the circumstances warrant additional time or if the permittee has applied for an amendment or modification to the permit.

Source Note:The provisions of this §305.70 adopted to be effective June 7, 1993, 18 TexReg 3290; amended to be effective December 27, 1995, 20 TexReg 10788.