Section 330.121 - General(a) The approved site development plan, the site operating plan, the final closure plan, the post-closure maintenance plan, the landfill gas management plan, and all other documents and plans required by this chapter shall become operational requirements and shall be considered a part of the operating record of the facility. Any deviation from the permit and incorporated plans or other related documents associated with the permit is a violation of this chapter.(b) To the extent that a requirement has been changed by the rule amendments that became effective December 2, 2004 (2004 Revisions), the facility may continue to operate under requirements contained in previously issued authorizations, except as provided by this subchapter. The landfill permittee is under an obligation to apply for a permit modification in accordance with § 305.70(k) of this title (relating to Municipal Solid Waste Permit and Registration Modifications), as applicable, to incorporate the 2004 Revisions. A permittee's application to modify its permit in accordance with the executive director's schedule will be processed as a modification and any subsequent applications will be processed in accordance with Chapter 305, Subchapter D of this title (relating to Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits). The executive director will determine a schedule for landfill permittees to submit an application to modify their permit to conform to the 2004 Revisions. Timely submission of a request for a permit modification qualifies the owners or operators of existing permits to operate under requirements contained in the existing permit. Landfill permit applications that were pending December 2, 2004, are subject to the former rules unless an applicant elects to proceed under the rules that became effective December 2, 2004.(c) To the extent that requirements of this subchapter have been changed by the comprehensive rule revisions in this chapter as adopted in 2006 (2006 Revisions), a landfill permittee may continue to operate under an existing permit and is not required to apply to modify or amend an existing permit to comply with the 2006 Revisions. The requirements of § 330.165(d)(4) of this title (relating to Landfill Cover) supersede any inconsistent provisions contained in existing permits.30 Tex. Admin. Code § 330.121
The provisions of this §330.121 adopted to be effective March 27, 2006, 31 TexReg 2502