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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.

Contents

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) Exit TCEQ.

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) Exit TCEQ.

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) Exit TCEQ.

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) Exit TCEQ.

Rules, Forms, and Guidance:

For More Information

Contact us if you have questions about post-closure land use.