1. (a) The provisions of this chapter apply to any person as defined in §330.2 of this title (relating to Definitions) involved in any aspect of the management and control of municipal solid waste (MSW) including, but not limited to, storage, collection, handling, transportation, processing, and disposal. Furthermore, these regulations apply to any person who by contract, agreement, or otherwise, arrange to process, store, or dispose of, or arranged with a transporter for transport to process, store, or dispose of, solid waste owned or possessed by the person, or by any other person or entity.
2. (b) For municipal solid waste landfills (MSWLFs) that stopped receiving waste before October 9, 1991, and MSW sites, only the provisions of §330.251 of this title (relating to Closure Requirements for MSWLF Units That Stop Receiving Waste Prior to October 9, 1991, and MSW Sites) apply. If not previously submitted, owners or operators shall submit a closure report that documents that MSWLF units or MSW site(s), or portions thereof, have received final cover.
3. (c) MSWLF units that receive waste after October 9, 1991, but stop receiving waste before October 9, 1993, are exempt from the requirements of this chapter except for the final cover requirements specified in §330.252 of this title (relating to Closure Requirements for MSWLF Units That Receive Waste on or after October 9, 1991, But Stop Receiving Waste Prior to October 9, 1993). The final cover must be installed and certified in accordance with the requirements contained in §§330.250 - 330.253 of this title (relating to Closure and Post-Closure). Owners or operators of MSWLF units described in this subsection that fail to complete cover installation and certification within the time limits specified in §§330.250 - 330.256 of this title will be subject to all the requirements of these regulations.
4. (d) All MSWLF units and MSW sites that receive waste on or after October 9, 1993, must comply with all requirements of these regulations, unless otherwise specified.
5. (e) Owners or operators of new, existing, and lateral expansions of small MSWLF units that dispose of less than 20 tons of MSW daily in the small MSWLF unit based on an annual average are exempt from §§330.200 - 330.206 of this title (relating to Groundwater Protection Design and Operation) and §§330.230, 330.231, and 330.233 - 330.242 of this title (relating to Groundwater Monitoring and Corrective Action), so long as there is no evidence of existing groundwater contamination from the small MSWLF unit, the small MSWLF unit serves a community that has no practicable waste management alternative, and the small MSWLF unit is located in an area that receives less than or equal to 25 inches of annual average precipitation. Requests for exemptions under subsection (f) of this section may be approved administratively by the executive director, upon demonstration of compliance with these criteria. An exemption request may be denied if the executive director determines that granting the exemption could result in a substantial threat of groundwater contamination, based upon information made available to the executive director from the applicant or agency files. Owners or operators may appeal such denials to the commission for decision.

6. (f) Owners or operators of new, existing, and lateral expansions of small MSWLF units that meet the criteria in subsection (e) of this section must submit a certification of eligibility to the executive director and place a copy of the certification in the operating record. The certification shall be signed by a principal executive officer, a ranking elected official, or an independent professional engineer licensed to practice in the State of Texas, except that the groundwater certification must be submitted in accordance with §330.14 of this title (relating to Arid Exemption Process) and signed by a qualified groundwater scientist, as defined in this chapter. The certification must contain the following information:

   1. (1) a certification that the MSWLF unit meets all requirements contained in subsection (e) of this section for exemptions from §§330.200 - 330.206, 330.230, 330.231, and 330.233 - 330.242 of this title;
   2. (2) a report prepared by a qualified groundwater scientist in accordance with §330.14 of this title documenting that there is no evidence of groundwater contamination;
   3. (3) documentation that the small MSWLF unit receives for disposal an annual average of less than 20 tons per day based upon the most recent four reporting quarters; or a certification that programs have been put in place, or will be implemented to reduce the annual average to less than 20 tons per day within one year;

   4. (4) documentation that there are no practicable waste management alternatives available. The documentation shall demonstrate one of the following:

      1. (A) additional costs of available alternatives are estimated to exceed 1.0% of the owner's or operating community's budget for all public services; or
      2. (B) haul distances to alternative sites are unreasonably long; or
      3. (C) all other alternatives are not feasible to implement, given the community location and economic condition;
   5. (5) documentation that the small MSWLF unit receives less than or equal to 25 inches of average annual precipitation, as determined from the following map (Map 1) based on average annual precipitation for the years 1951 - 1980, or from precipitation data for the nearest official precipitation recording station for the most recent 30-year reporting period.
      Attached Graphic
      
7. (g) If the owner or operator of a new, existing, or lateral expansion of a small MSWLF unit who has previously asserted eligibility in subsections (e) and (f) of this section has knowledge or becomes aware of groundwater contamination from the small MSWLF unit within a one-mile radius of the small MSWLF unit, or the unit no longer meets the definition of a small MSWLF, or the waste reduction program is ineffective (based upon an evaluation of trends established after a minimum period of a year), or a practicable alternative becomes available, the owner or operator shall notify in writing the executive director of such condition(s) and thereafter comply with §§330.200 - 330.206, 330.230, 330.231, and 330.233 - 330.242 of this title on a schedule specified by the executive director. The executive director may consider the economic investment made by the owner or operator in establishing the schedule for compliance. The minimum time allowed for compliance necessitated by loss of small MSWLF status or availability of a practicable alternative shall be 18 months.
8. (h) Owners or operators of MSW facilities are required to comply with the financial assurance requirements specified in Chapter 37, Subchapter R of this title (relating to Financial Assurance for Municipal Solid Waste Facilities) and Subchapter K of this chapter (relating to Closure, Post-Closure, and Corrective Action); however, owners and operators of recycling facilities that store combustible materials outdoors, or that pose a significant risk to public health and safety as determined by the executive director, are required to comply with Chapter 37, Subchapter J of this title (relating to Financial Assurance for Recycling Facilities) rather than Chapter 37, Subchapter R of this title.
9. (i) A small MSWLF facility that meets the requirements of subsections (e) and (f) of this section shall maintain the integrity of any existing on-site groundwater monitor wells and make them available to the executive director for the collection of groundwater samples.

Source Note:The provisions of this §330.3 adopted to be effective October 9, 1993, 18 TexReg 4023; amended to be effective March 21, 2000, 25 TexReg 2380; amended to be effective September 1, 2003, 28 TexReg 6890; amended to be effective November 4, 2004, 29 TexReg 10125.