1. (a) In addition to the requirements of §330.4 of this title (relating to Permit Required), a person may not cause, suffer, allow, or permit the collection, storage, transportation, processing, or disposal of municipal solid waste, or the use or operation of a solid waste facility to store, process, or dispose of solid waste, or to extract materials under the Texas Solid Waste Disposal Act, §361.092, in violation of the Texas Solid Waste Disposal Act, or any regulations, rules, permit, license, order of the commission or in such a manner so as to cause:

   1. (1) the discharge or imminent threat of discharge of municipal solid waste into or adjacent to the waters in the state without obtaining specific authorization for such discharge from the commission;
   2. (2) the creation and maintenance of a nuisance; or
   3. (3) the endangerment of the human health and welfare or the environment.
2. (b) Municipal solid waste landfill facilities (MSWLFs) failing to satisfy this chapter, unless exempted by this chapter, are considered open dumps for purposes of state solid waste management planning under the Resource Conservation and Recovery Act (RCRA) and are prohibited under RCRA, §4005(a).
3. (c) A person may not cause, suffer, allow, or permit the dumping of municipal solid waste without the written authorization of the commission.
4. (d) The open burning of solid waste, except for the infrequent burning of waste generated by land-clearing operations, agricultural waste, silvicultural waste, diseased trees, or emergency cleanup operations as authorized by the commission or executive director as appropriate, is prohibited at any municipal solid waste landfill. The operation of any type of air-curtain destructor (trench burner), other than for the exceptions noted in the previous sentence, is prohibited.

5. (e) The following waste are prohibited from disposal in any municipal solid waste facility.

   1. (1) A lead acid storage battery shall not be intentionally or knowingly offered by a generator or transporter for disposal at a municipal solid waste landfill or incinerator, and/or shall not be intentionally or knowingly accepted for disposal at any municipal solid waste landfill or incinerator permitted under this chapter.

      1. (A) Each battery improperly disposed of constitutes a separate violation and offense.
      2. (B) A person who violates the provisions of this paragraph is subject to the criminal and/or civil penalties found in the Texas Solid Waste Disposal Act, as amended.

   2. (2) Do-it-yourself (DIY) used motor vehicle oil shall not be intentionally or knowingly offered by a generator or transporter for disposal at a municipal solid waste landfill or municipal incinerator, either by itself or mixed with other solid waste, and/or shall not be intentionally or knowingly be accepted for disposal at a municipal solid waste landfill or municipal incinerator permitted under this chapter.

      1. (A) It is an exception to this subsection if the mixing or commingling of used-oil with solid waste that is to be disposed of in a landfill is incidental to, and the unavoidable result of, the mechanical shredding of motor vehicles, appliances, or other items of scrap, used, or obsolete metals.
      2. (B) A person who violates the provisions of this paragraph is subject to the criminal and/or civil penalties found in the Texas Solid Waste Disposal Act, as amended.
   3. (3) Used-oil filters from internal combustion engines shall not be intentionally or knowingly accepted for disposal at landfills permitted under this chapter except as provided in §330.136 of this title (relating to Disposal of Special Wastes).
   4. (4) Whole used or scrap tires shall not be accepted for disposal or disposed of in any municipal solid waste landfill.
   5. (5) Refrigerators, freezers, air conditioners, and any other items containing chlorinated fluorocarbon (CFC) shall not be knowingly accepted for disposal or disposed of in any municipal solid waste landfill unless all the CFC contained in that item is captured and sent to an approved CFC disposal site or recycling facility. If the CFC is not removed from the item, then the whole item must be sent to an approved CFC disposal site. Such items that enter the facility with ruptured lines or holes in the CFC unit shall not be accepted unless the generator or transporter provides written certification that the CFC has been evacuated from the unit and that it was not knowingly allowed to escape into the atmosphere.

   6. (6) Liquid waste as defined in §330.2 of this title (relating to Definitions) and as described below shall not be disposed of in any MSWLF unit.

      1. (A) Bulk or noncontainerized liquid waste shall not be accepted for disposal or disposed of in a municipal solid waste landfill unless:

         1. (i) the waste is household waste other than septic waste; or
         2. (ii) the waste is leachate or gas condensate derived from a landfill and the landfill unit is designed and constructed with a composite liner and a leachate collection system. The owner or operator shall make the procedure for disposal of the leachate or gas condensate a part of the site operating plan.

      2. (B) Containers holding liquid waste shall not be accepted for disposal or disposed of in a municipal solid waste landfill unless:

         1. (i) the container is a small container similar in size to that normally found in household waste;
         2. (ii) the container is designated to hold liquids for use other than storage; or
         3. (iii) the waste is household waste.
   7. (7) Regulated hazardous waste as defined in §330.2 of this title (relating to Definitions) shall not be accepted at a municipal solid waste facility.
   8. (8) Polychlorinated biphenyls (PCB) wastes, as defined under 40 Code of Federal Regulations, Part 761, shall not be accepted for disposal or disposed of in a municipal solid waste facility.
6. (f) MSWLFs receiving sewage sludge and failing to satisfy the criteria of this chapter violate the Federal Clean Water Act, §309 and §405(e).
7. (g) Contact between solid waste and unconfined waters, which are subject to free exchange with groundwater or surface water, is prohibited.
8. (h) The drilling of any test borings, for any reason, through previously deposited waste or cover material without prior written authorization from the executive director is prohibited.

Source Note:The provisions of this §330.5 adopted to be effective October 9, 1993, 18 TexReg 4023.