§ 30-1-114. APPLICATIONS RELATING TO A CLOSED MUNICIPAL SOLID WASTE LANDFILL.

(A)

In this section:

(1)

CMSW means an area defined as a closed municipal solid waste landfill in Texas Administrative Code, Title 30, Section 330.951.

(2)

LANDFILL AREA means an area marked on a map created by the City and maintained in the Watershed Protection and Development Review Department showing all known CMSWL and including property within:

(a)

the known boundary of a CMSWL;

(b)

200 feet around the estimated boundary if the boundary is not known; or

(c)

1500 feet from the estimated center of the CMSWL if neither a known boundary nor an estimated boundary is known.

(B)

This section applies to an application for approval that may permit the construction or alteration of a residential, commercial, or public enclosed structure that is designed for use by humans and that is located on:

(1)

a site over 1 acre in size; or

(2)

a site located within a landfill area.

(C)

The single office may not approve an application for subdivision unless the applicant has delivered to the single office:

(1)

certification from a licensed professional engineer that the site does not overlie a CMSWL; or

(2)

if the site overlies a CMSWL:

(a)

a development permit from the Texas Commission on Environmental Quality; or

(b)

written notification from the Texas Commission on Environmental Quality that a development permit is not required; or

(3)

certification from a licensed professional engineer that the applicant will conduct soil testing under the requirements of the Texas Commission on Environmental Quality during construction of the foundation to determine whether the site overlies a CMSWL..

Source: City Code Section 25-1-83; Ord. 031211-11; Ord. 031211-42; Ord. 20080925-138.