Section 330.61 - Contents of Part II of the Application(a) Existing conditions summary. The owner or operator shall determine and report to the executive director any site-specific conditions that require special design considerations and possible mitigation of conditions identified in subsections (h) - (o) of this section. The owner or operator may discuss any additional land-use, environmental, or special issues in an existing conditions summary.(b) Waste acceptance plan. (1) The owner or operator shall identify the sources and characteristics of wastes (i.e., residential, commercial, grease trap, grit trap, soluble sludges, septage, special wastes, Class 2 or Class 3 industrial solid wastes, compost feedstocks, etc.) proposed to be received for storage, processing, or disposal. Municipal solid waste facilities may not receive regulated hazardous waste. If a waste constituent or characteristic could be a limiting parameter that may impact or influence the design and operation of the facility, the owner or operator shall specify parameter limitations of each type of waste to be managed by the facility, which may include constituent concentrations and characteristics such as pH, fats, oil and grease concentrations, total suspended solids, chemical oxygen demand, biochemical oxygen demand, organic and metal constituent concentrations, water content, or other constituents. The owner or operator shall include: (A) a brief description of the general sources and generation areas contributing wastes to the facility. This description shall include an estimate of the population or population equivalent served by the facility. Additionally, if applicable, a descriptive narrative must be included that describes the percentage of incoming waste that must be recovered and its intended use;(B) for transfer stations, the maximum amount of solid waste to be received daily and annually projected for five years, the maximum amount of solid waste to be stored, the maximum and average lengths of time that solid waste is to remain at the facility, and the intended destination of the solid waste received at this facility; and(C) for landfills, an estimated maximum annual waste acceptance rate for the facility projected for five years.(2) For registration applications, this information shall also establish why a facility qualifies for a registration in accordance with § 330.9 of this title (relating to Registration Required).(c) General location maps. The owner or operator shall provide maps in addition to those required by § 330.59(c) of this title (relating to Contents of Part I of the Application) as necessary to accurately show proximity to surrounding features: (1) the prevailing wind direction with a wind rose;(2) all known water wells within 500 feet of the proposed permit boundary with the state well numbering system designation for Water Development Board "located wells";(3) all structures and inhabitable buildings within 500 feet of the proposed facility;(4) schools, licensed day-care facilities, churches, hospitals, cemeteries, ponds, lakes, and residential, commercial, and recreational areas within one mile of the facility;(5) the location and surface type of all roads within one mile of the facility that will normally be used by the owner or operator for entering or leaving the facility;(6) latitudes and longitudes;(8) airports within six miles of the facility;(9) the property boundary of the facility;(10) drainage, pipeline, and utility easements within or adjacent to the facility;(11) facility access control features; and(12) archaeological sites, historical sites, and sites with exceptional aesthetic qualities adjacent to the facility.(d) Facility layout maps. A map or set of maps showing: (1) the outline of the units;(2) general locations of main interior facility roadways, and for landfill units, the general locations of main interior facility roadways that can be used to provide access to fill areas;(3) locations of monitor wells;(4) locations of buildings;(5) any other graphic representations or marginal explanatory notes necessary to communicate the proposed construction sequence of the facility;(7) provisions for the maintenance of any natural windbreaks, such as greenbelts, where they will improve the appearance and operation of the facility and, where appropriate, plans for screening the facility from public view;(8) all site entrance roads from public access roads; and(9) for landfill units: (A) sectors with appropriate notations to communicate the types of wastes to be disposed of in individual sectors;(B) the general sequence of filling operations;(C) sequence of excavations and filling;(D) dimensions of cells or trenches; and(E) maximum waste elevations and final cover.(e) General topographic maps. The owner or operator shall submit United States Geological Survey 7 1/2-minute quadrangle sheets or equivalent for the facility. At least one general topographic map shall be at a scale of one inch equals 2,000 feet.(f) Aerial photograph.(1) The owner or operator shall submit 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.(2) A series of aerial photographs can be used to show growth trends.(3) If submitted, digital prints and photocopies of photographs must be legible.(g) Land-use map. This is a constructed map of the facility showing the boundary of the facility and any existing zoning on or surrounding the property and actual uses (e.g., agricultural, industrial, residential, etc.) both within the facility and within one mile of the facility. The owner or operator shall make every effort to show the location of residences, commercial establishments, schools, licensed day-care facilities, churches, cemeteries, ponds or lakes, and recreational areas within one mile of the facility boundary. Drainage, pipeline, and utility easements within the facility shall be shown. Access roads serving the facility shall also be shown.(h) Impact on surrounding area. A primary concern is that the use of any land for a municipal solid waste facility not adversely impact human health or the environment. The owner or operator shall provide information regarding the likely impacts of the facility on cities, communities, groups of property owners, or individuals by analyzing the compatibility of land use, zoning in the vicinity, community growth patterns, and other factors associated with the public interest. To assist the commission in evaluating the impact of the site on the surrounding area, the owner or operator shall provide the following: (1) if available, a published zoning map for the facility and within two miles of the facility for the county or counties in which the facility is or will be located. If the site requires approval as a nonconforming use or a special permit from the local government having jurisdiction, a copy of such approval shall be submitted;(2) information about the character of surrounding land uses within one mile of the proposed facility;(3) information about growth trends within five miles of the facility with directions of major development;(4) the proximity to residences and other uses (e.g., schools, churches, cemeteries, historic structures and sites, archaeologically significant sites, sites having exceptional aesthetic quality, etc.) within one mile of the facility. The owner or operator shall provide the approximate number of residences and commercial establishments within one mile of the proposed facility including the distances and directions to the nearest residences and commercial establishments. Population density and proximity to residences and other uses described in this paragraph may be considered for assessment of compatibility;(5) a description and discussion of all known wells within 500 feet of the proposed facility. Well density may be considered for assessment of compatibility; and(6) any other information requested by the executive director.(i) Transportation. The owner or operator shall:(1) provide data on the availability and adequacy of roads that the owner or operator will use to access the site;(2) provide data on the volume of vehicular traffic on access roads within one mile of the proposed facility, both existing and expected, during the expected life of the proposed facility;(3) project the volume of traffic expected to be generated by the facility on the access roads within one mile of the proposed facility;(4) submit documentation of coordination of all designs of proposed public roadway improvements such as turning lanes, storage lanes, etc., associated with site entrances with the agency exercising maintenance responsibility of the public roadway involved. In addition, the owner or operator shall submit documentation of coordination with the Texas Department of Transportation for traffic and location restrictions; and(5) for landfill units and landfill mining operations, analyze the impact of the facility upon airports in accordance with § 330.545 of this title (relating to Airport Safety). The owner or operator shall submit documentation of coordination with the Federal Aviation Administration for compliance with airport location restrictions.(j) General geology and soils statement. The reports prepared under this subsection must meet the following requirements: (1) discuss in general terms the geology and soils of the proposed site;(2) for landfills, identify and provide data on fault areas located within the proposed site in accordance with § 330.555 of this title (relating to Fault Areas);(3) for landfills, identify and provide data on seismic impact zones in accordance with § 330.557 of this title (relating to Seismic Impact Zones); and(4) for landfills, identify and provide data on unstable areas in accordance with § 330.559 of this title (relating to Unstable Areas).(k) Groundwater and surface water. The owner or operator shall submit: (1) data about the site-specific groundwater conditions at and near the site;(2) data on surface water at and near the site; and(3) information demonstrating how the municipal solid waste facility will comply with applicable Texas Pollutant Discharge Elimination System (TPDES) storm water permitting requirements and the Clean Water Act, §402, as amended. This information may include, but is not limited to: (A) a certification statement indicating the owner/operator will obtain the appropriate TPDES permit coverage when required; or(B) a copy of the permit number for coverage under an individual wastewater permit.(l) Abandoned oil and water wells. (1) The owner or operator shall identify the location of any and all existing or abandoned water wells situated within the facility. Water wells necessary for supply for operations at the landfill may remain in use as long as the wells are located outside of the groundwater monitoring well network, and are not subject to impact from landfill operations. Water wells that will be used for supply at the landfill that are located inside of the groundwater monitoring network, but outside the landfill unit boundary, may be used if identified and approved in the facility permit. For all other facility water wells, the owner or operator shall provide, within 30 days prior to construction, the executive director with written certification that all such wells have been capped, plugged, and closed in accordance with all applicable rules and regulations of the commission or other state agency.(2) The owner or operator shall identify the location of any and all existing or abandoned on-site crude oil or natural gas wells, or other wells associated with mineral recovery that are under the jurisdiction of the Railroad Commission of Texas. The owner or operator shall provide the executive director with written certification that these wells have been properly capped, plugged, and closed in accordance with all applicable rules and regulations of the Railroad Commission of Texas at the time of application. Producing crude oil or natural gas wells that do not affect or hamper landfill operations may remain in their current state, if identified in the permit for the facility.(m) Floodplains and wetlands statement. The floodplains and wetlands statement must: (1) provide data on floodplains in accordance with Chapter 301, Subchapter C of this title (relating to Approval of Levees and Other Improvements);(2) include a wetlands determination under applicable federal, state, and local laws and discuss wetlands in accordance with § 330.553 of this title (relating to Wetlands). For the purpose of this subsection, demonstration can be made by providing evidence that the facility has a Corps of Engineers permit for the use of any wetlands area; and(3) identify wetlands located within the facility boundary.(n) Endangered or threatened species. (1) The owner or operator shall consider the impact of a solid waste disposal facility upon endangered or threatened species. The facility and the operation of the facility shall not result in the destruction or adverse modification of the critical habitat of endangered or threatened species, or cause or contribute to the taking of any endangered or threatened species.(2) For landfill applications, the owner or operator shall submit Endangered Species Act compliance demonstrations as required under state and federal laws and determine whether the facility is in the range of endangered or threatened species. If the facility is located in the range of endangered or threatened species, the owner or operator shall have a biological assessment prepared by a qualified biologist in accordance with standard procedures of the United States Fish and Wildlife Service and the Texas Parks and Wildlife Department to determine the effect of the facility on the endangered or threatened species. Where a previous biological assessment has been made for another project in the general vicinity, a copy of that assessment may be submitted for evaluation. The United States Fish and Wildlife Service and the Texas Parks and Wildlife Department shall be contacted for locations and specific data relating to endangered and threatened species in Texas.(o) Texas Historical Commission review. The owner or operator shall submit a review letter from the Texas Historical Commission documenting compliance with the Natural Resources Code, Chapter 191, Texas Antiquities Code.(p) Council of governments and local government review request. The owner or operator shall submit documentation that Parts I and II of the application were submitted for review to the applicable council of governments for compliance with regional solid waste plans. The owner or operator shall also submit documentation that a review letter was requested from any local governments as appropriate for compliance with local solid waste plans. A review letter is not a prerequisite to a final determination on a permit or registration application.30 Tex. Admin. Code § 330.61
The provisions of this §330.61 adopted to be effective March 27, 2006, 31 TexReg 2502