Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,936
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Recordkeeping and Reporting), in addition to the reference to 40 CFR
Part 265, Subpart F, except 265.90 and 265.94.
(10) Reference to the EPA is changed to the Texas Com-
mission on Environmental Quality.
(11) Reference to qualified professional engineer is
changed to Texas licensed professional engineer.
(d) A copy of 40 CFR Part 264 is available for inspection at
the library of the Texas Commission on Environmental Quality, located
on the first floor of Building A at 12100 Park 35 Circle, Austin, Texas.
335.155. Additional Reports.
In addition to submitting the waste reports described in 335.15 of this
title (relating to Recordkeeping and Reporting Requirements Applica-
ble to Owners or [and] Operators of Treatment, Storage, [Processing,]
or Disposal Facilities), the owner or operator must also report to the
executive director:
(1) releases, fires, and explosions as specified in 40 Code
of Federal Regulations (CFR) 264.56(j);
(2) facility closure as specified in 40 CFR 264.115;
(3) as otherwise required by 40 CFR Part 264, Subparts F,
K - N, X, AA, [and] BB, and CC.
335.168. Design and Operating Requirements (Surface Impound-
ments).
(a) Any surface impoundment that is not covered by sub-
section (c) of this section or 40 Code of Federal Regulations (CFR)
265.221 must have a liner for all portions of the impoundment (ex-
cept for existing portions of such impoundments). The liner must be
designed, constructed, and installed to prevent any migration of wastes
out of the impoundment to the adjacent subsurface soil or groundwater
or surface water at any time during the active life (including the
closure period) of the impoundment. The liner may be constructed of
materials that may allow wastes to migrate into the liner (but not into
the adjacent subsurface soil or groundwater or surface water) during
the active life of the facility, provided that the impoundment is closed
in accordance with 335.169(a)(1) of this title (relating to Closure
and Post-Closure Care (Surface Impoundments)). For impoundments
that will be closed in accordance with 335. 169(a)(2)of this title, the
liner must be constructed of materials that can prevent wastes from
migrating into the liner during the active life of the facility. The liner
must be:
(1) constructed of materials that have appropriate chemical
properties and sufficient strength and thickness to prevent failure due
to pressure gradients (including static head and external hydrogeologic
forces), physical contact with the waste or leachate to which they are
exposed, climatic conditions, the stress of installation, and the stress of
daily operation;
(2) placed upon a foundation or base capable of providing
support to the liner and resistance to pressure gradients above and be-
low the liner to prevent failure of the liner due to settlement, compres-
sion, or uplift; and
(3) installed to cover all surrounding earth likely to be in
contact with the waste or leachate.
(b) The owner or operator will be exempted from the require-
ments of subsections (a) and (j) of this section if the commission finds,
based on a demonstration by the owner or operator, that alternate de-
sign and operating practices, together with location characteristics, will
prevent the migration of any hazardous constituents (see 335.159 of
this title (relating to Hazardous Constituents)) into the groundwater orsurface water at any future time. In deciding whether to grant an ex-
emption, the commission will consider:
(1) the nature and quantity of the wastes;
(2) the adopted alternate design and operation;
(3) the hydrogeologic setting of the facility, including the
attenuative capacity and thickness of the liners and soils present be-
tween the impoundment and groundwater or surface water; and
(4) all other factors which would influence the quality and
mobility of the leachate produced and the potential for it to migrate to
groundwater or surface water.
(c) The owner or operator of each new surface impoundment
unit on which construction commences after January 29, 1992, each
lateral expansion of a surface impoundment unit on which construc-
tion commences after July 29, 1992, and each replacement of an exist-
ing surface impoundment unit that is to commence reuse after July 29,
1992, must meet the requirements of 40 CFR 264.221(c), as amended
through July 14, 2006 (71 FR 40254) [January 29, 1992 (57 FR 3487)].
(d) The executive director may approve alternative design or
operating practices to those specified in subsection (c) of this section
if the owner or operator demonstrates to the executive director that he
meets the requirements of 40 CFR 264.221(d), as amended through
January 29, 1992 (57 FR 3462).
(e) The double liner requirement set forth in subsection (c) of
this section may be waived by the commission for any monofill which
contains only hazardous wastes from foundry furnace emission con-
trols or metal casting molding sand, and such wastes do not contain
constituents which would render the wastes hazardous for reasons other
than the toxicity characteristics in 40 CFR 261.24, and is in compli-
ance with either of the following requirements:
(1) the monofill:
(A) has at least one liner for which there is no evidence
that such liner is leaking. For the purposes of this subsection, the term
"liner" means a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing into the liner at any time during
the active life of the facility, or a liner designed, constructed, installed,
and operated to prevent hazardous waste from migrating beyond the
liner to adjacent subsurface soil, groundwater, or surface water at any
time during the active life of the facility. In the case of any surface
impoundment which has been exempted from the requirements of sub-
section (c) of this section on the basis of a liner designed, constructed,
installed, and operated to prevent hazardous waste from passing be-
yond the liner, at the closure of such impoundment, the owner or opera-
tor must remove or decontaminate all waste residues, all contaminated
liner material, and contaminated soil to the extent practicable. If all
contaminated soil is not removed or decontaminated, the owner or op-
erator of such impoundment will comply with appropriate post-closure
requirements, including, but not limited to, groundwater monitoring
and corrective action;
(B) is located more than 1/4 mile from an underground
source of drinking water (as that term is defined in 331.2 of this title
(relating to Definitions)); and
(C) is in compliance with groundwater monitoring re-
quirements of this subchapter; or
(2) the owner or operator demonstrates that the monofill
is located, designed, and operated so as to assure that there will be
no migration of any hazardous constituent into groundwater or surface
water at any future time.37 TexReg 7936 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/122/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.