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Use of Land Over Closed Municipal Solid Waste Landfills

Information, rules, and forms for the use of land over closed MSW landfills.

 

 

Soil Test Required Before Development

A person may not undertake the development of a tract of land that is greater than one acre in area, unless the person conducts a soil test prior to or during development and construction. The soil test is required by Title 30, Texas Administrative Code (30 TAC), Subchapter T, Section 330.953Exit the TCEQ, and is intended to determine if a landfill exists on the property planned for development.

Information About Known Closed Landfills

Visit our Inventory of Closed Municipal Solid Waste Landfills webpage for a link to a historic data file of closed landfills, and information about how to contact the Council of Governments agency  representing your county, for updates to the inventory.

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Exemption

The following persons are exempt from the soil test and permit, registration, and authorization requirements of Subchapter T, but must comply with the requirements in 30 TAC 330.955Exit the TCEQ, 330.962Exit the TCEQ, 330.963Exit the TCEQ, and 330.964Exit the TCEQ:

  • An owner of property constructing a single-family or double-family home, other than a developer of a housing subdivision
  • An owner of an existing structure built over a closed municipal solid waste landfill unit and that is a single-family or double-family home

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Closed Municipal Solid Waste Landfills Covered by an Existing Permit

A person proposing to develop land over a municipal solid waste (MSW) landfill that is closed, but still covered by an existing permit for the management of solid waste must follow the procedures in 330.954(a), (d), or (e)Exit the TCEQ, depending on the type of development, and 330.954(c)Exit the TCEQ.

Before commencing development over a closed MSW landfill in post-closure care, submit the following items:

  • An application to modify the closure plan and post-closure plan of the existing permit in accordance with 30 TAC 305.70(j)(28)Exit the TCEQ, or a permit amendment application in accordance with 305.62Exit the TCEQ, and
  • A workplan for the proposed development that includes those items listed in 30 TAC 330.957Exit the TCEQ (for development involving enclosed structures), or 330.960Exit the TCEQ (for non-enclosed structures or other type of disturbance).

Use the forms listed later on this page to prepare an application. Do not commence development until the application and workplan have been approved.

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All Other Closed Municipal Solid Waste Landfills

A person proposing to develop land over a closed MSW landfill that is no longer in post-closure care and has had the permit revoked, a closed landfill that operated before permitting requirements, or a closed unauthorized landfill must follow the procedures in 330.954(a), (d), or (e)Exit the TCEQ, depending on the type of development.

The requirements for the use depend on whether the structure is enclosed or non-enclosed, as described in the following paragraphs. Use the forms listed later on this page to prepare an application. Do not commence development until the application and workplan have been approved.

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 the 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 the 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 the TCEQ.

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Application Forms for Development Over a Closed Landfill

Use these forms to prepare an application for development on a closed municipal landfill.

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Closed Landfill Rules

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Contact MSW Permits Section

Please contact the MSW Permits Section if you have questions about post-closure land use.

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