1. (a) Applicability. The requirements in this subchapter apply to:

   1. (1) persons owning, leasing, or developing property or structures overlying a CMSWLF, except as noted in subsection (b) of this section;
   2. (2) persons developing a tract of land greater than one acre, except as noted in subsection (b) of this section;
   3. (3) local government officials; and
   4. (4) professional engineers.

2. (b) Exemptions. The following persons shall be exempt from certain requirements of this subchapter.

   1. (1) An owner of property constructing a single-family or double-family home, other than a developer of a housing subdivision, shall be exempt from §330.953 of this title (relating to Soil Test Required before Development), §330.954 of this title (relating to Development Permit and Registration Requirements, Procedures, and Processing), and §330.960 of this title (relating to Operational Requirements for an Enclosed Structure Built Over a Closed Municipal Solid Waste Landfill Unit).
   2. (2) An owner of an existing structure built over a CMSWLF unit and that is a single-family or double-family home shall be exempt from §330.954, §330.959 of this title (relating to Requirements for Registration of an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and §330.960.
   3. (3) An owner/operator of a Type I, II, III, or IV municipal solid waste landfill facility that has received a municipal solid waste permit under §330.4 of this title (relating to Permit Required) and is currently in post-closure care, is exempt from the requirements of this subchapter. The owner/operator must comply with the provisions of §330.255 of this title (relating to Post-Closure Land Use).

Source Note:The provisions of this §330.952 adopted to be effective May 17, 1995, 20 TexReg 3241.