For the purposes of this section, an unstable area is defined to be a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of a landfill's structural components responsible for preventing releases from the landfill; unstable areas can include poor foundation conditions, areas susceptible to mass movement, and karst terrains. Owners or operators of new municipal solid waste landfill units, existing landfill units, and lateral expansions located in an unstable area shall demonstrate that engineering measures have been incorporated into the landfill unit's design to ensure that the integrity of the structural components of the landfill unit will not be disrupted. The owner or operator shall submit the demonstration with a permit application or a permit amendment application. The demonstration must become part of the operating record once approved. The owner or operator shall consider the following factors, at a minimum, when determining whether an area is unstable:
  (1) on-site or local soil conditions that may result in significant differential settling;
  (2) on-site or local geologic or geomorphologic features; and
  (3) on-site or local human-made features or events (both surface and subsurface).

Source Note: The provisions of this §330.559 adopted to be effective March 27, 2006, 31 TexReg 2502