Section 335.590 - Operational and Design StandardsThe following requirements, including those applicable to municipal solid waste facilities, apply to owners and operators of facilities subject to this subchapter:
(1) § 330.121 of this title (relating to General);(2) § 330.123 of this title (relating to Pre-operation Notice);(3) § 330.125 of this title (relating to Recordkeeping Requirements), except that the requirements under § 330.125(b)(3) of this title concerning recordkeeping for gas monitoring and remediation plans relating to explosive and other gases do not apply, except as determined necessary by the executive director;(4) § 330.127 of this title (relating to Site Operating Plan);(5) § 330.129 of this title (relating to Fire Protection);(6) § 330.131 of this title (relating to Access Control);(7) §330.133(a) - (c) of this title (relating to Unloading of Waste);(8) § 330.137 of this title (relating to Site Sign);(9) § 330.139 of this title (relating to Control of Windblown Waste and Litter);(10) § 330.141 of this title (relating to Easements and Buffer Zones);(11) § 330.143(a) of this title (relating to Landfill Markers and Benchmark);(12) § 330.149 of this title (relating to Odor Management Plan);(13) § 330.153 of this title (relating to Site Access Roads);(14) § 330.155 of this title (relating to Salvaging and Scavenging);(15) § 330.157 of this title (relating to Endangered Species Protection);(16) § 330.159 of this title (relating to Landfill Gas Control) as determined necessary by the executive director;(17) § 330.161 of this title (relating to Oil, Gas, and Water Wells);(18) § 330.163 of this title (relating to Compaction);(19) § 330.165 of this title (relating to Landfill Cover);(20) § 330.167 of this title (relating to Ponded Water);(21) § 330.175 of this title (relating to Visual Screening of Deposited Waste);(22) § 330.207 of this title (relating to Contaminated Water Management);(23) the owner or operator shall have and follow procedures for the suppression and control of dust; and(24) the owner or operator shall ensure that each commercial industrial nonhazardous waste landfill unit meets the requirements of subparagraphs (A) - (F) of this paragraph. (A) Design criteria. (i) Landfill cells shall be designed and constructed in accordance with subclause (I) or (II) of this clause, and shall also be constructed in accordance with subclause (III) of this clause. (I) a design that ensures that the concentration values for constituents listed in § 330.419(a) of this title (relating to Constituents for Detection Monitoring) will not be exceeded in the uppermost aquifer at the point of compliance, as specified by the executive director under clause (iv) of this subparagraph; or(II) a composite liner, as defined in clause (ii) of this subparagraph, and a leachate collection system that is designed and constructed in accordance with subparagraph (B) of this paragraph; and(III) unless the executive director approves an engineered design that the applicant has demonstrated will provide equal or greater protection to human health and the environment, a landfill cell must be constructed where the base of the containment structure, which includes the sides and bottom of the containment structure, is at least five feet above the uppermost saturated soil unit having a Unified Soil Classification of GW (well-graded gravel), GP (poorly-graded gravel), GM (silty gravel), GC (clayey gravel), SW (well-graded sand), SP (poorly-graded sand), or SM (silty sand), or a hydraulic conductivity greater than 1 x 10-5 cm/sec, unless such saturated soil unit is not sufficiently thick and laterally continuous to provide a significant pathway for waste migration.(ii) For purposes of this section, "composite liner" means a system consisting of two components. The upper component shall consist of a minimum 30-mil (0.75 mm) geomembrane liner 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 10-7 cm/sec. Geomembrane liner components consisting of high density polyethylene shall be at least 60-mil thick. The geomembrane liner component must be installed in direct and uniform contact with the compacted soil component.(iii) When approving a design that complies with clause (i)(I) of this subparagraph, the executive director may consider at least the following factors: (I) the hydrogeologic characteristics of the facility and surrounding land;(II) the climatic factors of the area; and(III) the volume and physical and chemical characteristics of the leachate.(iv) For purposes of this paragraph, the point of compliance is defined in § 330.3 of this title (relating to Definitions). In determining the point of compliance, the executive director may consider at least the following factors: (I) the hydrogeologic characteristics of the facility and surrounding land;(II) the volume and physical and chemical characteristics of the leachate;(III) the quantity, quality, and direction of flow of groundwater;(IV) the proximity and withdrawal rate of the groundwater users;(V) the availability of alternative drinking water supplies;(VI) the existing quality of the groundwater, including other sources of contamination and their cumulative impacts on the groundwater and whether groundwater is currently used or reasonably expected to be used for drinking water;(VII) public health, safety, and welfare effects; and(VIII) practicable capability of the owner or operator.(B) Landfill cells 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: (i) constructed of materials that are chemically resistant to the leachate expected to be generated;(ii) 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(iii) designed and operated to function through the scheduled closure and post-closure period of the landfill.(C) Storm water run-on/run-off facilities such as berms and ditches shall be provided in accordance with § 330.63 of this title (relating to Contents of Part III of the Application).(D) The site shall have a groundwater monitoring system installed that is capable of detecting the migration of pollutants from the landfill and is sampled semiannually for the parameters specified in Chapter 330, Subchapter J of this title (relating to Groundwater Monitoring and Corrective Action).(E) The final cover placed over the commercial industrial nonhazardous waste landfill unit shall consist of a minimum of 18 inches of uncontaminated topsoil overlying four feet of compacted clay-rich soil material meeting the requirements of § 330.457 of this title (relating to Closure Requirements for Municipal Solid Waste Landfill Units That Receive Waste on or after October 9, 1993). The final cover over the aerial fill shall meet the requirements of § 330.457 of this title and shall include a flexible membrane component.(F) Nonhazardous waste may be placed above natural grade in commercial industrial nonhazardous waste landfill units provided the conditions in clauses (i) - (vi) of this subparagraph are met, except as provided in clause (vii) of this subparagraph: (i) waste placed above grade shall be laterally contained by dikes that are constructed to: (I) prevent washout, release, or exposure of waste;(II) be physically stable against slope failure, with a minimum safety factor of 1.5;(III) prevent washout from hydrostatic and hydrodynamic forces from storms and floods;(IV) prevent storm water from reaching the waste;(V) minimize release of leachate; and(VI) minimize long-term maintenance;(ii) the liner required in paragraph (22) of this section shall extend to the crest of the dike;(iii) waste placed against the dike is placed no higher that three feet below the crest of the dike;(iv) the slope of the wastes placed in the commercial industrial nonhazardous waste landfill units does not exceed 3% to the center of the unit;(v) no waste is placed higher than the lowest elevation of the dike crest; and(vi) a dike certification report is submitted with Attachment 10 of Part III of the permit application. The certification shall be in the following form: Attached Graphic
(vii) a commercial industrial nonhazardous waste landfill is not subject to the requirements of clauses (ii) - (v) of this subparagraph provided that the owner or operator submits a demonstration that the standards of clause (i) of this subparagraph can be met without meeting the requirements of clauses (ii) - (v) of this subparagraph, the demonstration is approved in writing by the executive director, and the owner or operator enters the approval into the facility operating record.(25) Hazardous waste generated by a very small quantity generator that meets the conditions for exemption for a very small quantity generator may be accepted for disposal in a commercial industrial nonhazardous waste landfill facility provided the amount of hazardous waste accepted from each very small quantity generator does not exceed 220 pounds (100 kilograms) a calendar month, and provided the landfill owner or operator is willing to accept the hazardous waste.30 Tex. Admin. Code § 335.590
The provisions of this §335.590 adopted to be effective March 21, 2004, 29 TexReg 2888; amended to be effective October 29, 2009, 34 TexReg 7321; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3791, eff. 6/11/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0345, eff. 2/3/2022