Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,937
7533-7814 p. ; 28 cm.View a full description of this periodical.
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(f) The owner or operator of any replacement surface im-
poundment unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with
the design standards of Resource Conservation and Recovery Act,
3004(o)(1)(A)(i) and (0)(5); and
(2) There is no reason to believe that the liner is not func-
tioning as designed.
(g) A surface impoundment must be designed, constructed,
maintained, and operated to prevent overtopping resulting from nor-
mal or abnormal operations, overfilling, wind, and wave action; rain-
fall; run-off, malfunctions of level controllers, alarms, and other equip-
ment; and human error.
(h) A surface impoundment must have dikes that are designed,
constructed, and maintained with sufficient structural integrity to pre-
vent massive failure of the dikes. In ensuring structural integrity, it
must not be presumed that the liner system will function without leak-
age during the active life of the unit.
(i) The commission will specify in the permit all design and
operating practices that are necessary to ensure that the requirements
of this section are satisfied.
(j) A surface impoundment (except for an existing portion
of a surface impoundment) that will be closed in accordance with
335.169(a)(2) of this title must have an additional liner to that
required in subsection (a) of this section which:
(1) prevents any migration of wastes out of the impound-
ment to the adjacent subsurface soil or groundwater or surface water at
any time prior to the end of the post-closure care period; and
(2) minimizes the rate of migration of wastes out of the im-
poundment to the adjacent subsurface soil or groundwater or surface
water so as not to pose a substantial present or potential hazard to hu-
man health and the environment.
335.170. Design and Operating Requirements (Waste Piles).
(a) A waste pile (except for an existing portion of a waste pile)
must have:
(1) a liner that is designed, constructed, and installed to pre-
vent any migration of wastes out of the pile into the adjacent subsurface
soil or groundwater or surface water at any time during the active life
(including the closure period) of the waste pile. The liner may be con-
structed of materials that may allow waste to migrate into the liner itself
(but not into the adjacent subsurface soil or groundwater or surface wa-
ter) during the active life of the facility. The liner must be:
(A) 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;
(B) placed upon a foundation or base capable of provid-
ing support to the liner and resistance to pressure gradients above and
below the liner to prevent failure of the liner due to settlement, com-
pression, or uplift; and
(C) installed to cover all surrounding earth likely to be
in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately
above the liner that is designed, constructed, maintained, and operated
to collect and remove leachate from the pile. The commission will
specify design and operating conditions in the permit to ensure that theleachate depth over the liner does not exceed 30 centimeters (one foot).
The leachate collection and removal system must be:
(A) constructed of materials that are:
(i) chemically resistant to the waste managed in the
pile and the leachate expected to be generated; and
(ii) of sufficient strength and thickness to prevent
collapse under the pressures exerted by overlaying wastes, waste cover
materials, and by any equipment used at the pile; and
(B) designed and operated to function without clogging
through the scheduled closure of the waste pile.
(b) The owner or operator will be exempted from the require-
ments of subsection (a) of this section if the commission finds, based
on a demonstration by the owner or operator, the alternate design and
operating practices, together with location characteristics, will prevent
the migration of any hazardous constituents into the groundwater or
surface 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 proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including at-
tenuative capacity and thickness of the liners and soils present between
the pile 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 and operator of each new waste pile unit [on
which construction commences after January -, 1992], each lateral
expansion of a waste pile unit [on which construction commences after
July - 1992], and each replacement of an existing waste pile unit
[that is to commence reuse after Juy 9 4992], must comply with
the requirements of 40 CFR 264.251(c), as amended through April
4, 2006 (71 FR 16862) [January 291992 at 57 FedR 3488].
(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 such
design and operating practices, together with location characteristics:
(1) will prevent the migration of any hazardous constituent
into the groundwater or surface water at least as effectively as the liners
and leachate collection and removal systems specified in subsection (c)
of this section; and
(2) will allow detection of leaks of hazardous constituents
through the top liner at least as effectively.
(e) Subsection (c) of this section does not apply to monofills
that are granted a waiver by the Commission in accordance with
335.168(e) of this title (relating to Design and Operating Require-
ments (Surface Impoundments)).
(f) The owner or operator of any replacement waste pile unit
is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with
the design standards of 3004(o)(1)(A)(i) and (0)(5) of the Resource
Conservation and Recovery Act; and
(2) There is no reason to believe that the liner is not func-
tioning as designed.
(g) The owner or operator must design, construct, operate, and
maintain a run-on control system capable of preventing flow onto thePROPOSED RULES October 5, 2012 37 TexReg 7937
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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/m1/123/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.