1. (a) All Class 1 industrial solid waste is required to be manifested. Owners or operators of municipal solid waste landfill (MSWLF) facilities shall not accept such wastes without prior written approval from the executive director or specific authorization in the permit.
2. (b) Wastes which are Class 1 only because of asbestos content may be accepted at any Type I or Type I-AE MSWLF facility which is authorized to accept regulated asbestos-containing material (RACM) as stated in §330.136(b)(3)(I) of this title (relating to Disposal of Special Wastes). Authorization to accept such wastes is implied in the authorization to accept RACM unless the acceptance of industrial wastes is prohibited by the permit. All Class 1 industrial asbestos wastes shall be manifested and owner or operator of the MSWLF facility shall comply with the requirements of subsections (g)-(i) of this section.

3. (c) Unless the facility permit authorizes the acceptance of Class 1 industrial waste, an authorization to accept Class 1 wastes will be waste-specific and/or site-specific and will be granted only to appropriate sites that are operating in compliance with this chapter. Requests for authorization to accept Class 1 solid wastes shall be submitted in writing to the executive director and shall include, but are not limited to, the following:

   1. (1) a complete description of the chemical and physical characteristics of the waste, a statement as to whether or not the waste is a hazardous waste as defined in §330.2 of this title (relating to Definitions), and the quantity and rate at which the waste is produced and/or the expected frequency of disposal;
   2. (2) an operational plan containing the proposed procedures for handling the waste and a listing of required protective equipment for operating personnel and on-site emergency equipment. This plan shall become a part of the site operating plan; and
   3. (3) a contingency plan outlining responsibility for containment and cleanup of any accidental spills occurring during the delivery and/or disposal operation. This plan shall become a part of the site operating plan.

4. (d) Facilities which accept Class 1 wastes, other than asbestos-containing material, shall have dedicated trenches which meet the following requirements.

   1. (1) The trenches designated for Class 1 wastes shall have a composite liner system consisting of two components. The upper component shall consist of a minimum of a 30-mil flexible membrane liner (FML) and the lower component shall consist of at least a three-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10[sup]-7[/sup] cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component. The liner system installed for Class 1 trenches is subject to the requirements of §330.205 of this title (relating to Soils and Liner Quality Control Plan). These trenches shall be designated on the site development plan.

   2. (2) The trenches designated for Class 1 wastes shall have a leachate-collection system designed and constructed to maintain less than a 30-cm depth of leachate over the liner. The leachate-collection and leachate-removal system shall be:

      1. (A) constructed of materials that are chemically resistant to the leachate expected to be generated;
      2. (B) of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and
      3. (C) designed and operated to function through the scheduled closure and post-closure period of the landfill. The leachate-collection system design criteria and performance standards shall be, at a minimum, in accordance with the commission's most recent policy and guidelines on this subject.
   3. (3) Stormwater run-on/run-off facilities such as berms and ditches placed to protect the dedicated trench(es) shall be provided in accordance with §330.54 of this title (relating to Technical Requirements of Part III of the Application).
   4. (4) The site shall have a groundwater monitoring system installed which is capable of detecting the migration of pollutants from the landfill and is sampled semiannually for the parameters specified in §§330.230-330.242 of this title (relating to Groundwater Monitoring and Corrective Action).
   5. (5) The final cover placed over the dedicated Class 1 waste trench shall consist of a minimum of 18 inches of uncontaminated topsoil overlying four feet of compacted clay-rich soil material meeting the requirements of §§330.250-330.256 of this title (relating to Closure and Post-Closure) unless waste is to be placed on top of the Class 1 wastes. If waste is to be placed above Class 1 wastes, the Class 1 waste shall first be covered with a four-foot layer of compacted clay-rich soil. The final cover over the aerial fill shall meet the requirements of §§330.250-330.256 of this title (relating to Closure and Post-Closure) and shall include a flexible membrane component.
   6. (6) Class 1 industrial solid waste other than asbestos-containing waste shall not be placed above the surrounding natural ground surface elevation. Class 1 industrial solid waste which is Class 1 only because of asbestos content shall be managed in accordance with the provisions of §330.136(b)(3) of this title (relating to Disposal of Special Wastes).
5. (e) The executive director may issue an approval to receive Class I industrial solid waste without a written request from the owner or operator; however, in such cases the site operator is not required to accept the waste.
6. (f) Unless specifically authorized by the facility permit, a Type I MSWLF facility permitted after October 9, 1993, may not accept Class 1 industrial nonhazardous wastes in excess of 20% of the total amount of waste (not including Class 1 wastes) accepted during the current or previous year. The amount of waste may be determined by volume or by weight, but the same unit of measure shall be used for each year, unless a variance is authorized by the executive director.
7. (g) Any authorization to accept a Class 1 waste is subject to the site operating in compliance with these rules and any specific conditions required under any letter(s) of authorization. Failure to operate the site in compliance with these rules or any special conditions imposed by the executive director shall be justifiable grounds for the executive director to revoke the authorization to accept a Class 1 waste.
8. (h) All shipments of a Class 1 waste shall be accompanied by a manifest (waste-shipping control ticket) as required by the commission. The facility operator or his designated representative shall sign the manifest for any authorized shipments of Class 1 waste. The facility operator shall not accept or sign for shipments of Class 1 waste for which the authorization to accept has not been granted by the executive director or has not been authorized by permit provisions. The site operator shall retain the disposal facility copy of the manifest for a period of three years. This time period is automatically extended if any enforcement action involving the owner, operator, or MSWLF facility is initiated or pending by the executive director.
9. (i) A facility which accepts any Class 1 waste shall submit to the executive director a written report of Class 1 waste received. This report shall be submitted no later than the 25th day of the month following the month in which the waste was received. Reports shall be submitted on forms provided by the commission and shall include all information required. Monthly reports shall be filed by facilities which have received Class 1 wastes including those months in which no Class 1 waste is received at the facility unless an exception is granted by the executive director. Failure to file such reports in a timely manner shall constitute a violation of these rules.
10. (j) Class 2 industrial solid waste, except special wastes as defined in §330.2 of this title (relating to Definitions), may be accepted at any Type I or Type I-AE municipal solid waste landfill provided the acceptance of such waste does not interfere with site operation.
11. (k) Class 3 industrial solid waste may be disposed of at any municipal solid waste landfill provided the acceptance of such waste does not interfere with site operation.

Source Note:The provisions of this §330.137 adopted to be effective October 9, 1993, 18 TexReg 4023.