1. (a) Daily cover. All landfills, with the exception of Type IV landfills, shall provide 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 shall cover the working face or active disposal area at least once every 24 hours. All Type IV facilities shall follow the requirements of this subsection except the rate of cover shall 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 shall provide intermediate cover. This intermediate cover shall be an additional six inches of well-compacted earthen material not previously mixed with garbage, rubbish, or other solid waste for a total of not less than 12 inches of cover. The intermediate cover shall be graded to prevent ponding of water. Run-off from areas which have received intermediate cover shall 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 Contaminated Water Treatment).

3. (c) Alternative material daily cover. Alternative material daily cover (ADC) may be allowed by permit provision or by modification in accordance with §305.70 of this title (relating to Municipal Solid Waste Class I Modifications).

   1. (1) An ADC operating plan shall be included in the site development plan that includes the following:

      1. (A) a description and thickness of the alternative material to be used;
      2. (B) its effect on vectors, fires, odors, and windblown litter and waste;
      3. (C) the operational methods to be utilized at the site when using this alternative material;
      4. (D) chemical composition of the material and the Material Safety Date 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 shall be submitted on a quarterly basis to the executive director 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 problems occur within four consecutive quarters of use, status reports will no longer be required.
   3. (3) ADC shall 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/operator demonstrates that there are extreme seasonal climatic conditions that make meeting such requirements impractical.
5. (e) Final cover. Final cover for the landfill shall be in accordance with the site closure plan.
6. (f) Erosion of cover. Erosion of final or intermediate cover shall be repaired promptly by restoring the cover material, grading, compacting, and seeding it as necessary. Such periodic inspections and restorations are required during the entire operational life and for the post-closure maintenance period.
7. (g) Cover log. Each landfill shall keep a cover application log on site readily available for inspection by commission representatives and authorized agents or employees of local governments having jurisdiction. This log shall 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 log shall specify the area covered, the date cover was applied, and the thickness applied that date. Each entry shall be certified by the signature of the on-site supervisor that the work was accomplished as so stated in the log.

Source Note:The provisions of this §330.133 adopted to be effective October 9, 1993, 18 TexReg 4023.