1. (a) Preamble.

   1. (1) Title page. The title page shall show the name of the project, the TNRCC development permit application number if known, the name of the applicant, the location by city and county, the date the part was prepared, and, if appropriate, the number and date of the revision. It shall be sealed as required by the Texas Engineering Practice Act.
   2. (2) Table of contents. The table of contents shall list and give the page numbers for the main sections of the application. It shall be sealed as required by the Texas Engineering Practice Act.
   3. (3) Certification. Pursuant to the Health and Safety Code, §361.533, the registered professional engineer preparing a development permit application shall include the following certification: Certification of No Potential Threat to Public Health or the Environment. "I, __________, P.E. #__________, certify that the proposed development is necessary to reduce a potential threat to public health or the environment, or that the proposed development will not increase or create a potential threat to public health or the environment. Further, I certify that the proposed development will/will not damage the integrity or function of any component of the Closed Municipal Solid Waste Landfill Unit, including, but not limited to, the final cover, containment systems, monitoring system, or liners. This certification includes all documentation of all studies and data on which I relied in making these determinations." (signed, sealed, and dated by the registered professional engineer).

   4. (4) Existing conditions summary. The applicant shall discuss any land use, environmental, or special issues that affect the site. This shall include but not be limited to:

      1. (A) condition of final cover;
      2. (B) waste characterization;
      3. (C) gas production; and
      4. (D) potential environmental impacts.
2. (b) Legal authority. The applicant shall provide verification of his/her legal status. Normally, this is a one-page certificate of incorporation issued by the Secretary of State.
3. (c) Evidence of competency. The names of the principals and supervisors of the applicant's organization relative to the development shall be provided.
4. (d) Notice of appointment. The applicant shall provide a notice of appointment identifying the applicant's engineer.
5. (e) Notice of coordination. The applicant shall provide notice of coordination with all local, state, and federal government officials and agencies.

6. (f) Legal description. The applicant shall:

   1. (1) provide the legal description of the property and the county, book, and page number of the current ownership record from the county deed records or a certified copy of the written notice submitted to the county deed records required by §330.961 of this title (relating to Notice to Real Property Records);
   2. (2) for property that is platted, provide the county, book, volume, and page number of the final plat record of that acreage encompassed in the application and a copy of the final plat document in addition to a written legal description;
   3. (3) provide a boundary metes and bounds drawing and description of the site signed and sealed by a Registered Professional Land Surveyor; and
   4. (4) provide a boundary metes and bounds drawing and description of the limits of the waste disposal area on the site signed and sealed by a Registered Professional Land Surveyor.
7. (g) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates the location of all waste disposal areas, existing and proposed structures, creeks, and ponds.

8. (h) Maps. All maps shall clearly show the boundaries of the tract of land under development and the actual fill areas.

   1. (1) General location maps. These maps shall be all or a portion of county maps prepared by Texas Department of Transportation (TxDOT). At least one general location map shall be at a scale of one-half inch equals one mile. If the TxDOT publishes more detailed maps of the proposed site area, the more detailed maps shall also be included. The latest published revision of all maps shall be used. In addition, the applicant shall provide maps as necessary to accurately show proximity of the site to surrounding features and structures.
   2. (2) General topographic maps. These maps shall be United States Geological Survey 7-1/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be at a scale of one inch equals 2,000 feet.
9. (i) Aerial photograph. Applicants shall provide an aerial photograph approximately nine inches by nine inches with a scale within a range of one inch equals 1,667 feet to one inch equals 3,334 feet and showing the area within at least a one-mile radius of the site boundaries. The site boundaries and actual fill areas shall be marked. Photocopies of photographs are not acceptable substitutes for photographs.
10. (j) General geology and soils statement. The application shall include a discussion in general terms of the geology and soils of the proposed site, including any known pathways for leachate and landfill gas migration.
11. (k) Groundwater and surface water statement. The application shall include a description of the groundwater and surface water resources at or near the site and how they will be impacted by the development.

12. (l) Foundation plans. The applicant shall provide foundation plans, including geotechnical soil investigation and design reports.

    1. (1) In order to prevent gas migration into buildings and other structures, structures shall be designed and constructed in accordance with the following criteria.

       1. (A) A geomembrane or equivalent system with very low gas permeability shall be installed between the slab and the subgrade, and a permeable layer of a minimum thickness of 12 inches, composed of an open-graded, clean aggregate material, shall be installed between the geomembrane and the subgrade.
       2. (B) A geotextile filter shall be utilized to prevent introduction of fine soil or other particulate matter into the permeable layer.
       3. (C) A landfill gas ventilation or active collection system shall be installed consistent with the Structures Gas Monitoring Plan required by subsection (s) of this section.
    2. (2) Alterations of existing structures are exempt from the requirements of paragraph (1) of this subsection.
    3. (3) An applicant who requests suspension of gas monitoring based upon the demonstration required by subsection (s)(1)(B) of this section (relating to Technical Requirements of Part A of the Application), may submit to the commission a request for a variance from the requirements of paragraph (1) of this subsection. The commission shall base its decision on site-specific factors including, but not limited to, age of the CMSWLF, type of waste deposited in the CMSWLF, and testing methods utilized by the applicant.

13. (m) Other plans. The application shall include plans the following:

    1. (1) grading and drainage;
    2. (2) irrigation systems; and
    3. (3) a dimensional control plan of the site relating all existing and/or proposed enclosed structures and essential improvements of the development, and the locations of all required improvements and appurtenances, to the legal description boundary of the site and the limits of the waste disposal area, signed and sealed by a registered professional land surveyor.
14. (n) Soil tests. The applicant shall provide all soil tests and/or other information relied upon to make the determination that the site was used as a municipal solid waste disposal area as required by §330.953 of this title (relating to Soil Test Required before Development), including procedures performed to identify the limits of the waste disposal area.
15. (o) Certified copies of required notices. The applicant shall provide certified copies of all notices having been made by the professional engineer, by the owner, and by the lessor/lessee in accordance with §330.953 of this title (relating to Soil Test Required before Development), §330.961 of this title (relating to Notice to Real Property Records), §330.962 of this title (relating to Notice to Buyers, Lessees, and Occupants), and §330.963 of this title (relating to Lease Restrictions).
16. (p) Closure plan. The applicant shall provide a closure plan for any part of the waste disposal area that will not have a structure built over it, including placement of the final cover.
17. (q) Operational requirements plan. The applicant shall provide a plan discussing the necessary procedures and practices to be implemented and followed to ensure that the applicant meets the provisions of §330.960 of this title (relating to Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit).

18. (r) Site Operating Plan (SOP). The applicant shall provide a Site Operating Plan, which at a minimum shall include specific guidance, procedures, instructions, and schedules for the following:

    1. (1) a description, including size, type, and function, of the equipment to be utilized at the structure other than methane monitoring equipment;
    2. (2) a detailed description of the procedures that the operating personnel shall follow to utilize the equipment; and
    3. (3) a plan to implement and maintain the operational requirements of §330.960 of this title (relating to Operational Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill Unit).

19. (s) Structures Gas Monitoring Plan. The applicant shall provide a Structures Gas Monitoring Plan in accordance with the following.

    1. (1) General.

       1. (A) The owner or lessee of a new structure to be built over a CMSWLF unit shall ensure that the concentration of methane gas generated by the CMSWLF unit does not exceed 20% of the lower explosive limit for methane (1.0% by volume methane in air) in facility structures (excluding gas control or recovery system components) overlying the CMSWLF unit.

          1. (i) Any new enclosed structures shall contain automatic methane gas sensors approved by the commission and designed to trigger an audible alarm if the volumetric concentration of methane in the air is greater than 1.0% (20% of the Lower Explosive Limit (LEL)).
          2. (ii) Any new enclosed structures built over a CMSWLF shall utilize a ventilation system or an active gas extraction and collection system.
       2. (B) Landfill gas monitoring requirements for a development applying for a development permit under this subchapter may be suspended by the executive director if the applicant can demonstrate that there is no potential for migration of the landfill gases listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a registered professional engineer and approved by the executive director, and shall be based upon site-specific field-collected measurements, sampling, and analysis of physical, chemical, and biological processes.

    2. (2) Requirements for Structures Gas Monitoring Plan (SGMP). The owner or lessee shall submit a SGMP, designed by a registered professional engineer, to the commission for review and approval. The SGMP shall ensure detection of the presence of landfill gas entering on-site structures. All design drawings shall bear the registered engineer's seal and signature. The SGMP shall include, but not be limited to, the following:

       1. (A) a discussion of specific site characteristics and potential migration pathways or barriers in the development of the SGMP, including, but not limited to:

          1. (i) locations of buildings and structures relative to the waste disposal area;
          2. (ii) the nature and age of waste and its potential to generate landfill gas;
          3. (iii) routes of entry for the intrusion of landfill gas into structures;
          4. (iv) ignition sources within structures;
          5. (v) the location of any utility lines or pipelines that cross, are adjacent to, or are near the CMSWLF unit;
          6. (vi) number of people occupying the structures and duration of occupation; and
          7. (vii) depth of final cover over deposited waste;

       2. (B) a narrative describing design characteristics of proposed structures related to landfill gas accumulation prevention, detection and elimination including, but not limited to:

          1. (i) structural;
          2. (ii) electrical; and
          3. (iii) mechanical;
       3. (C) a description of the ventilation system or active gas collection and destruction system to be utilized including engineering drawings and manufacturer's specification sheets. Active gas collection and destruction systems shall comply with applicable parts of §§115.152-115.159 of this title (relating to Control of Air Pollution from Volatile Organic Compounds);
       4. (D) a description of landfill gas monitoring equipment to be used in existing and proposed structures, complete with manufacturer's specification sheets;
       5. (E) a detailed implementation schedule for the installation of landfill gas monitoring equipment;

       6. (F) a sampling and analysis plan for determining landfill gas components which includes provisions for:

          1. (i) sample withdrawal equipment and techniques;
          2. (ii) sampling protocol for field measurements of diluted gas emissions; and

          3. (iii) a Quality-Assurance/Quality-Control Sampling Plan to include, but not be limited to:

             1. (I) field sampling;
             2. (II) analytical methods;
             3. (III) quality-control samples and methods;
             4. (IV) laboratory data reduction; and
             5. (V) documentation required; and

       7. (G) a complete analysis of the landfill gas to include, but not be limited to:

          1. (i) a mass balance analysis for major components such as methane, other light hydrocarbons, carbon monoxide, and water vapor measured with fairly high precision (i.e., 5.0%-10% relative error);
          2. (ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
          3. (iii) analysis for volatile organic compounds using an evacuated steel canister collection device (similar to EPA Method T014) and gas chromatography/mass spectrometry detection system.
20. (t) Safety and evacuation plan. The applicant shall provide a plan describing evacuation procedures and safety measures in the event the methane gas sensors sound the audible alarms.

Source Note:The provisions of this §330.957 adopted to be effective May 17, 1995, 20 TexReg 3241.