- (a) Prior to the placement of waste on any lined or unprotected area, a SLER and a FMLER shall be submitted to the executive director for review and approval. If the approved design does not require a synthetic liner, a FMLER is not required.
- (b) Each SLER and FMLER shall be submitted in triplicate (including all attachments) to the Municipal Solid Waste Division and shall be prepared in accordance with the methods and procedures contained in the approved Soils and Liner Quality Control Plan. The evaluated area should not be used for the receipt of solid waste until approval is received from the executive director. The executive director will make every effort to review and respond either verbally or in writing within 14 days from the date on which the SLER or FMLER document is date stamped by the Municipal Solid Waste Division. Verbal approval may be obtained from the executive director, which will be followed by written concurrence. If no response, either written or verbal, is provided within 14 days, the SLER or FMLER shall be considered approved.
- (c) The executive director shall be provided sufficient documentation to assure that the potential for contamination of waters in the state is minimized. If the executive director determines that the SLER is incomplete or that the test data provided are insufficient to support the evaluation conclusion, additional test data or other test information may be required, and use of the area will not be allowed until such additional data are received, reviewed or approved. Each SLER must be signed and, where applicable, sealed by the individual performing the evaluation and countersigned by the facility operator or his authorized representative.
- (d) Markers shall be placed so that all areas for which a SLER has been submitted and approved by the executive director are readily determinable. Such markers are to provide site workers immediate knowledge at all times of the extent of approved areas. These markers shall be located so they are not destroyed during operations and shall be in accordance with §330.55(b)(10) of this title (relating to Site Development Plan).
- (e) The integrity of constructed liners shall be maintained. Approved liner designs shall have a minimum two-foot thick protective soil cover overlying the compacted liner surface to mitigate the effects of surface erosion and damage from equipment. Any required repairs shall be performed promptly and a new SLER shall be submitted for all repaired liner areas. Alternate protective cover designs may be approved by the executive director.
Source Note:The provisions of this §330.411 adopted to be effective December 3, 1996, 21 TexReg 11287.