The operation of the facility shall comply with all of the following operational requirements.
  (1) Protection of groundwater. The owner or operator shall install and maintain a liner system constructed in accordance with one of the provisions of subparagraphs (A) or (B) of this paragraph. The liner system shall be provided where receiving, processing, post-processing, screening, and storage areas would be in contact with the ground or in areas where leachate, contaminated materials, contaminated products, or contaminated water is stored or retained. The application shall demonstrate that the facility is designed so as not to contaminate the groundwater and so as to protect the existing groundwater quality from degradation. The owner or operator shall submit a liner quality control plan as specified in §330.339 of this title (relating to Liner Quality Control Plan). For the purposes of this paragraph, protection of the groundwater includes the protection of perched water or shallow surface infiltration. The liner shall be covered with a material designed to withstand normal traffic from the processing operations. The owner or operator of the facility shall demonstrate that any liner system constructed will not undergo uplift from hydrostatic forces during its construction or operational life and that any existing liner system will not undergo uplift from hydrostatic forces during mining operations. Acceptable demonstration methods are listed within §330.337(b)(1) - (4) of this title (relating to Special Liner Design Constraints):
    (A) a composite liner consisting of two components. The upper component must consist of a minimum 30 mil geomembrane and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10-7 centimeters/second. Geomembrane components consisting of high density polyethylene shall be at least 60 mil thick. The geomembrane shall be installed in direct and uniform contact with the soil component;
    (B) an alternative design approved by the executive director that is protective of groundwater. When approving a design that complies with this subsection, the executive director shall consider at least the following factors:
      (i) the hydrogeologic factors of the area;
      (ii) the climatic factors of the area; and
      (iii) the volume and physical and chemical characteristics of the waste and leachate;
    (C) a demonstration that any liner system constructed will not undergo uplift from hydrostatic forces during its construction or operational life and that any existing liner system will not undergo uplift from hydrostatic forces during mining operations. Acceptable demonstration methods are listed within §330.337(b)(1) - (4) of this title;
    (D) submission of liner construction certifications as required by §330.341 of this title (relating to Soil Liner Evaluation Report and Geomembrane Liner Evaluation Report).
  (2) Prohibited materials. The operator shall operate the recovery process in a manner that will preclude the entry of hazardous constituents. The operator shall not arrange for waste disposal at an unauthorized facility.
  (3) Waste slopes. Side slopes of excavations into buried waste for the sake of obtaining material to process shall be no steeper than 34 degrees (per Occupational Safety and Health Administration 1926.652) unless otherwise approved.
  (4) Authorization required for significant changes. The operator shall obtain written permission from the executive director before changing the processing method or other significant changes to the original registration application.
  (5) Existing systems. On landfills where leachate collection systems, liners, or gas collection systems exist, care must be taken to not destroy or disrupt these systems if it is planned to retain these features on-site, and these systems must remain operational until they are removed.
  (6) Soil end-product standards.
    (A) Particle sizes found in soil to be beneficially used shall not exceed the screen size and the foreign matter criteria contained §330.615, of this title (relating to Final Soil Product Grades and Allowable Uses).
    (B) The operator shall meet processing testing requirements set forth in §330.613 of this title (relating to Sampling and Analysis Requirements for Final Soil Product), final product grades set forth in §330.615 of this title.
  (7) Certified operator. The operator shall employ at least one agency-certified landfill operator who shall routinely be available on-site during the hours of operation.
  (8) Health and safety coordinator. The operator shall employ at least one health and safety coordinator on a full-time basis to be on-site at least 70% of the time during excavation and waste processing. The health and safety coordinator shall be trained in hazardous waste and emergency response operations.
  (9) Personal protection equipment. The operator shall specify personal protection equipment and its operational characteristics and the equipment must be located on-site.
  (10) Health and safety plan. Operations must be conducted in accordance with an approved health and safety plan.
  (11) Covered trucks. Covered trucks must be used for transporting excavated material off-site.

Source Note: The provisions of this §330.609 adopted to be effective March 27, 2006, 31 TexReg 2502