All landfill mining operations shall comply with all of the following general requirements.
- (1) Compliance with Texas Water Code. Each operation shall be conducted in a manner which prevents the discharge of material to or the pollution of surface or groundwater in accordance with the provisions of the Texas Water Code, Chapter 26 and §101.4 of this title (relating to Nuisance).
- (2) Nuisance conditions. Each operation shall be conducted in a sanitary manner which shall prevent the creation of nuisance conditions as mandated by the Texas Health and Safety Code, Chapters 341 and 382 and the Texas Water Code, Chapter 26, and as defined in these regulations, and any other applicable regulations or statutes.
- (3) Discharge to surface or groundwater. The discharge of material or the contamination of surface or groundwater resulting from each operation is subject to enforcement by the commission and may result in the assessment of civil penalties.
- (4) Compliance with federal laws. Facility operations shall be conducted in accordance with all applicable federal laws and regulations.
- (5) Compliance with state laws. Facility operations shall be conducted in accordance with all applicable laws and regulations of the State of Texas.
- (6) Facility operations. Facility operations shall not be conducted in a manner which causes endangerment of human health and welfare, or the environment.
- (7) Operations on a municipal solid waste landfill unit. Landfill mining activities shall be conducted in such a manner that they do not disrupt landfill operations.
- (8) Operational requirement. Operations shall be conducted in such a manner to ensure that hazardous constituents uncovered by the operation are properly handled and disposed of at an authorized facility in a timely manner.
- (9) Leachate. Leachate found while uncovering buried waste shall be properly disposed of in an authorized facility.
- (10) Preliminary application requirements. Prior to initiating work on the registration application, the applicant shall notify the executive director of the intention to file a registration application, and meet with the executive director's staff to discuss elements of the site development plan such as a test pit plan.
Source Note:The provisions of this §330.403 adopted to be effective December 3, 1996, 21 TexReg 11287.