(a) Easement protection. No solid waste unloading, storage, disposal, or processing operations shall occur within any easement, buffer zone, or right-of-way that crosses the facility. No solid waste disposal shall occur within 25 feet of the center line of any utility line or pipeline easement but no closer than the easement, unless otherwise authorized by the executive director. All pipeline and utility easements shall be clearly marked with posts that extend at least six feet above ground level, spaced at intervals no greater than 300 feet.
(b) Buffer zones.
(1) Except for facilities that are authorized by a notification, the owner or operator shall maintain a minimum separating distance of 50 feet between feedstock or final product storage areas; solid waste storage, processing, Type IAE landfill units, Type IV landfill units, and Type IVAE landfill units within and adjacent to the facility boundary on property owned or controlled by the owner or operator. The buffer zone shall not be narrower than that necessary to provide for safe passage for fire fighting and other emergency vehicles. The executive director may consider alternatives to buffer zone requirements for permitted and registered storage and processing municipal solid waste facilities.
(2) For landfill permits that existed before the comprehensive rule revisions of this chapter as adopted in 2006 became effective, the owner or operator is subject to the former rules and shall establish and maintain a buffer zone in compliance with the permit. For new Type I landfills, vertical or lateral expansions of existing Type I landfills, and existing Type IAE landfills that subsequently no longer satisfy the conditions specified in §330.5(b)(1) of this title (relating to Classification of Municipal Solid Waste Facilities), the owner or operator shall establish and maintain the buffer zone prescribed by this paragraph. All buffer zones must be within and adjacent to the facility boundary on property owned or controlled by the owner or operator.
(3) The executive director may consider alternatives to buffer zone requirements in paragraph (2) of this subsection. Alternatives may be approved where the owner or operator demonstrates that:
Source Note: The provisions of this §330.543 adopted to be effective March 27, 2006, 31 TexReg 2502