Use of Land Over Closed Municipal Solid Waste Landfills

Information, rules and forms for the use of land at closed MSW landfills and those in post-closure care.

Municipal Landfills in Post-Closure Care
All Other Closed Municipal Landfills

Enclosed Structures
Non-Enclosed Structures and Other Disturbances of Final Cover

Rules, Forms, and Guidance
For More Information

Municipal Landfills in Post-Closure Care

Use of land over a permitted municipal solid waste landfill (MSW) facility that is closed, but currently in post-closure care is regulated under the rules in 30 TAC Chapter 330, Section (§) 330.954(c) .

All Other Closed Municipal Landfills

Use of land over any other type of closed MSW landfill (including permitted municipal solid waste landfills that are no longer in post-closure care, closed landfills that were developed before permitting requirements, and closed, unauthorized landfills) is regulated if the use involves a structure that would disturb the cover. The requirements for the use depend on whether the structure is enclosed or non-enclosed, as described in the following paragraphs.

Enclosed Structures

Owners of enclosed structures developed prior to September 1, 1993, over deposited waste are required to obtain a registration following the requirements in 30 TAC §330.954(d) .

A person proposing to develop an enclosed structure after September 1, 1993, over deposited waste must obtain a permit following the requirements in 30 TAC §330.954(a) .

Non-Enclosed Structures and Other Disturbances of Final Cover

A person proposing any other activity or development (including borings, fenceposts, piers, foundations, recreational facilities, etc.) that would disturb the final cover of a closed municipal solid waste landfill must have prior written approval from the executive director of the TCEQ, in accordance with 30 TAC §330.954(e) .