1. (a) Daily cover. All landfills, with the exception of Type IV landfills, must apply six inches of well-compacted earthen material not previously mixed with garbage, rubbish, or other solid waste at the end of each operating day to control disease vectors, fires, odors, windblown litter or waste, and scavenging, unless the executive director requires a more frequent interval to control disease vectors, fires, odors, windblown litter or waste, and scavenging. Landfills that operate on a 24-hour basis must cover the working face or active disposal area at least once every 24 hours. All Type IV facilities must follow the requirements of this subsection except the rate of cover must be no less than weekly, unless the commission approves another schedule.
2. (b) Intermediate cover. All areas that have received waste but will be inactive for longer than 180 days must provide intermediate or final cover. This intermediate cover must include six inches of suitable earthen material that is capable of sustaining native plant growth and must be seeded or sodded following its application in order to control erosion, or must be a material approved by the executive director that will otherwise control erosion. This intermediate cover must be not less than 12 inches of suitable earthen material. The intermediate cover must be graded to prevent ponding of water, and plant growth or other erosion control features must be maintained. Runoff from areas which have received intermediate cover must not be considered as having come into contact with the working face or leachate for the purpose of §330.55(b)(6) of this title (relating to Site Development Plan ).

3. (c) Alternative material daily cover. Alternative material daily cover (ADC) may be allowed by a temporary authorization under §305.70(m) of this title (relating to Municipal Solid Waste Permit and Registration Modifications) followed by a permit amendment or a modification in accordance with §305.70(k)(1) of this title. Use of ADC is limited to a 24-hour period after which either waste or daily cover as defined in subsection (a) of this section must be placed.

   1. (1) An ADC operating plan must be included in the request for temporary authorization or in the site development plan that includes the following:

      1. (A) a description and minimum thickness of the alternative material to be used;
      2. (B) its effect on vectors, fires, odors, and windblown litter and waste;
      3. (C) the application and operational methods to be utilized at the site when using this alternative material;
      4. (D) chemical analysis of the material and/or the Material Safety Data Sheet(s) for the alternative material; and
      5. (E) any other pertinent characteristic, feature, or other factors related to the use of this alternative material.
   2. (2) A status report on the ADC must be submitted on a two-month basis to the executive director during the temporary authorization period describing the effectiveness of the alternative material, any problems that may have occurred, and corrective actions required as a result of such problems. If no unresolved problems have occurred within the temporary authorization period, status reports may no longer be required.
   3. (3) ADC must not be allowed when the landfill is closed for a period greater then 24 hours, unless the executive director approves an alternative length of time.
4. (d) Temporary waiver. The executive director may grant a temporary waiver from the requirements of subsections (a) - (c) of this section if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.
5. (e) Final cover. Final cover for the landfill must be in accordance with the site closure plan and Subchapter J of this chapter (relating to Closure and Post-Closure).
6. (f) Erosion of cover. Erosion of final or intermediate cover must be repaired within five days of detection by restoring the cover material, grading, compacting, and seeding unless the commission's regional office approves otherwise, based on the extent of the damage requiring more time to repair or the repairs are delayed because of weather conditions. The date of detection of erosion and date of completion of repairs, including reasons for any delays, must be documented in the cover inspection record required under subsection (g) of this section. The site operating plan must establish a frequency, and identify other occasions, for conducting inspections of the final and intermediate covers to detect the need for repairs. The periodic inspections and restorations are required during the entire operational life and for the post-closure maintenance period.
7. (g) Cover inspection record. Each landfill must keep a cover application record on site readily available for inspection by commission representatives and authorized agents or employees of local governments having jurisdiction. This record must specify the date cover (no exposed waste) was accomplished, how it was accomplished, and the last area covered. This applies to daily, intermediate, and alternate daily cover. For final cover, this record must specify the area covered, the date cover was applied, and the thickness applied that date. Each entry must be certified by the signature of the on-site supervisor that the work was accomplished as stated in the record. The cover inspection record must document inspections required under subsection (f) of this section, the findings, and corrective action taken when necessary.

Source Note:The provisions of this §330.133 adopted to be effective October 9, 1993, 18 TexReg 4023; amended to be effective December 2, 2004, 29 TexReg 11054.