HomeMy WebLinkAboutC2009-053 - 2/10/2009 - ApprovedLEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND SPARKLING CITY GIRLS
FASTPITCH
This lease agreement ("Lease") is entered into by and between the City of Corpus
Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized
City Manager or designee ("City Manager"), and Sparkling City Girls Fastpitch ("Lessee"),
a nonprofit organization, acting through its duly authorized President of Lessee.
WHEREAS, the City owns property described on the attached Exhibit A, which said
property is located in Corpus Chrsti, Nueces County, Texas, a portion of which will be
known as the "Premises' ;
WHEREAS, the Lessee desires to use the Premises for program described on the
attached Exhibit A; and
WHEREAS, the City desires to allow Lessee to use the Premises for said program;
NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises
and covenants herein, agree as follows:
Section 1. Term. Subject to the remaining terms and conditions hereof, the original term
of this Lease is as described on the attac a~~exhibit, be inning on day of City Council
approval, ("Effective Date") which is S'~ unless sooner
terminated as set out herein. Upon Effective Date, t 's lease terminates the prior leases
between the parties for use of said Premises.
Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director of Park and Recreation or designee
("Director").
Section 3. Premises and Improvements. City leases to Lessee the Premises, as
described and delineated in Exhibit B the site map which is attached hereto and
incorporated herein this Agreement by reference, and all improvements to the Premises
("Improvements") including, without limitation, the fields, fences, irrigation systems, and
the grassed areas.
Section 4. Consideration. Lessee must operate the program described on Exhibit A
and must maintain the Premises and all Improvements on a year-round basis in
accordance with all maintenance rules, with respect to this Lease, set out by the City
Manager or his designee in effect now and as promulgated in the future. Failure to
maintain the Premises and all Improvements in accordance with these rules constitutes
grounds for termination of this Lease. At a minimum, maintenance includes:
(A) Lessee shall pick up and properly dispose of litter on a daily basis whenever
the Premises are being used and weekly during the rest of the year;
(B) Lessee shall keep fully operational and in good repair the fields, and irrigation
systems, if any are present or installed on the Premises.
2009-053
Ord. 028056
02/10/09
Sparkling City (Girls Fastpitch
(C) Lessee must immediately report any vandalism to the Director, or designee,
and the Corpus Christi Police Department, Nueces County, Texas;
(D) Lessee shall ensure that parking is confined to on-street parking only, or
designated parking lots but no parking is to be allowed on grass;
(E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be
responsible for maintaining the fields as set out in herein below. Furthermore,
Lessee will be responsible for maintaining the grass in the adjacent
viewing/access areas at a safe height not to exceed six (fi) inches;
(F) Lessee shall maintain the fields within the Premises boundary lines. Grass on
the fields must not exceed three (3) inches. Lessee must mow the fields
within one (1) week after grass reaches three (3) inches in height. At least one
month prior to the start of any season or pre-season practice, the fields must
be gradually cut shorter and brought into playing condition. Failure to keep the
grass on the fields at or below three (3) inches in height or to properly bring the
fields back to playing condition will be grounds for termination of this Lease;
(G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure
anchoring system on all goal posts used on the fields at Premises. Lessee
must repair any deficiency found in the anchoring system that impairs the safe
use of the anchoring system within forty-eight (48) hours after the need for
repair is or should have been discovered;
(H) Lessee is responsible to proper installation and use of all equipment and
improvements at Premises;
(1) Lessee must maintain First Aid kit on Premises;
(J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the
Director no later than January 31 of each year.
Section 5. Compliance with Maintenance Standards. The City Manager and the
Director, or their respective designee, has the right to inspect the Premises and/or the
Improvements at any time during the term of this Lease. If an inspection reveals that
maintenance is not being properly carried out, the Director, or designee, may provide
written notice to Lessee demanding compliance. If Lessee has not complied within five (5)
days after receipt of the demand, the City may undertake the work and Lessee shall pay
the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the
Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days
of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the
City may elect to terminate this Lease after ten (10) days written notice to Lessee for
Lessee's nonperformance of the maintenance.
Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at
least one family member of each youth participant shall complete a state or nationally
recognized, or Parks Director approved, parent and coach sportsmanship program.
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Section 7. Assignment and Sublease. This Lease may not be, in whole or in part,
assigned, directly or indirectly, without the prior written consent of the City. This Lease
may be sublet only with the prior written consent of the Director. Requests to sublet the
premises must be submitted to the Director at least 30 days in advance.
Section 8. SecuringlAnchoring of Goal Posts. Lessee acknowledges and covenants
that Lessee shall be responsible, during the term of this Lease, for maintaining the
anchoring system, as set out in Section 4 above. Any change, alteration, or modification to
the anchoring system during the term of this Lease must be submitted to Director, in
writing, prior to the change, alteration or modification being made.
Section 9. Understanding. Lessee acknowledges and understands that use of the
Premises is expressly conditioned on the understanding that the Premises and all
Improvements must be returned in as good a condition as received, reasonable use and
wear, acts of God, fire and flood damage or destruction, where Lessee is without fault,
excepted.
Section 10. Joint Use.
(A) City retains joint use of the Premises and Improvements during the term of this
Lease, subject to Lessee's right to exclusive control of the Premises during its
use for Lessee's sport program purposes. Requests for scheduled organized
activities by other organizations will be reviewed for approval or denial by the
Director and Lessee.
(B) City retains the right to use or cross the Premises with utility lines and/or
easements. City may exercise these rights without compensation to Lessee
for damages to the Premises and/or any Improvements from installing,
maintaining, repairing, or removing the utility lines and/or easements. City
must use reasonable judgment in locating the utility lines and/or easements
to minimize damage to the Premises and/or its Improvements.
Section 11. Primary Puraose. Lessee must establish and maintain a recreational area
with the primary purpose being for the operation of a sports program described on
attached Exhibit A and for no other purpose without the Director's prior written approval.
Lessee's fundraising activities on Premises require Director's prior written approval.
Lessee's insurance must provide coverage in compliance with Section 19 for the type of
fundraising activity being proposed by Lessee.
Section 12. Additions or Alterations.
(A) Lessee shall not make any additions nor alterations to the Premises nor to
any Improvements without Director's prior written approval. If approved,
Lessee must obtain clearance, in writing, from City's Risk Management
Department (Risk Management) that the proposed addition or alteration will
be covered under the insurance policy in force during the term of this Lease
before proceeding with any type of addition or alteration to the Premises or
to the Improvements.
(B) All additions or alterations must be made at Lessee's expense. All
additions or alterations installed by Lessee must be repaired or replaced at
Lessee's expense. At the termination or expiration of this Lease, all
permanent additions and alterations installed by Lessee at the Premises,
including but not limited to, fences, concession stands, goal posts and
bleachers, become property of the City without necessity of legal action.
Section 13. Utilities. Lessee must pay for all utilities used by it or for any activity
sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay
any utility bill on or before the due date is grounds for termination of this Lease.
Section 14. Sis~ns.
(A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering (Signs) on the Premises or on any
Improvements without the Director's prior written approval.
(B) If Signs are approved, the Director, in writing, may require Lessee to
remove, repair, or repaint any Signs. If the Signs are not removed, repaired,
or repainted within ten (10) days of the Director's written demand, the City
may do or cause the work to be done, and Lessee must pay the City's costs
within thirty (30) days of receipt of Director's invoice. Failure to pay the
City's costs within thirty (30) days of receipt of the invoice constitutes
grounds for termination of this Lease. Alternatively, the City may elect to
terminate this Lease after ten (10) days written notice to Lessee.
Section 15. Advertising. The Director has the right to prohibit any advertising by
Lessee on Premises which impairs the reputation of the Premises or the City.
Section 16. Securi .Lessee shall contract and pay for any and all security it requires
at the Premises during the term of this Lease.
Section 17. Non-Discrimination. Lessee shall not discriminate nor permit
discrimination against any person or group of persons, as to employment and in the
provision of services, activities, and programs, on the grounds of race, religion, national
origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws
of the United States or the State of Texas. The City Manager, or his designee, retains
the right to take such action as the United States may direct to enforce this non-
discrimination covenant.
Section 18. Compliance with Laws.
(A) Lessee must comply with all Federal, State, and local government laws,
rules, regulations, and ordinances, which may be applicable to its operation
at the Premises and its performance under this Lease. This Lease is also
subject to applicable provisions of the City Charter.
(B) All actions brought to enforce compliance with any law or to enforce any
provision of this Lease will be brought in Nueces County where this Lease
was executed and will be performed.
Section 19. Costs. Noncompliance with the terms herein may result in termination of
this Lease and repossession of the Premises and its Improvements by the City or its
agents. If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Lessee must pay all of the City's court costs and ex-
penses, including reasonable attorneys' fees.
Section 20. Indemnity. Lessee, its officers, members, partners,
employees, representatives, agents, and licensees (collectively,
Indemnitors) covenant to fully indemnify, save, and hold
harmless the City, its officers, employees, representatives, and
agents (collectively, Indemnitees) from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses,
and judgments asserted against or recovered from City on
account of injury or damage to person including, without
limitation on the foregoing, premises defects, workers
compensation and death claims), or property loss or damage of
any kind whatsoever, to the extent any damage or injury maybe
incident to, arise out of, be caused by, or be in any way
connected with, either proximately or remotely, wholly or in part ,
(1) the existence, use, operation, maintenance, alteration, or
repair of Premises and the Lessee's sports program; (2) the
exercise of rights under this Lease; (3) an act or omission,
negligence, or misconduct on the part of any persons having
involvement in, participation with, or business with the Premises,
Lessee, or the Lessee's sport program whether authorized with
the express or implied invitation or permission of Lessee
(collectively, Lessee's Invitees) entering upon the Premises or its
Improvements pursuant to this Lease, or trespassers entering
upon the Premises or its Improvements during Lessee's use or
physical occupation of the Premises; or (4) due to any of the
hazards associated with sporting events, training, or practice as a
spectator or participant including, but not limited to, any injury or
damage resulting, wholly or in part, proximately or remotely, from
the violation by Indemnitees or any them of any law, rule,
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regulation, ordinance, or government order of any kind; and
including any injury or damage in any other way and including all
expenses arising from litigation, court costs, and attorneys fees,
which arise, or are claimed to arise from, out of, or in connection
with the asserted or recovered incident.
Lessee covenants and agrees that if City is made a party to
any litigation against Lessee or in any litigation commenced by
any party, other than Lessee relating to this Lease, Lessee shall,
upon receipt of reasonable notice regarding commencement of
litigation, at its own expense, investigate all claims and demands,
attend to their settlement or other disposition, defend City in all
actions based thereon with counsel satisfactory to /ndemnitees,
and pay all charges of attorneys and all other costs and expenses
of any kind arising from any said liability, damage, loss, demand,
claim, or action.
Section 21. Insurance.
(A) Lessee must secure and maintain at Lessee's expense, during the term of this
Lease, a Commercial General Liability insurance policy with the limits and requirements
shown on Exhibit C, which is attached hereto and incorporated herein by reference.
Failure to maintain such insurance at the limits and requirements shown on Exhibit B
constitutes grounds for termination of this Lease.
(B) Lessee must provide proof, by Certificate of Insurance meeting the limits and
requirements set out in Exhibit B", to the Director and Risk Management prior to
commencing use of the Premises under this Lease.
(C) Lessee must provide the Director and Risk Management thirty (30) days written
notice of cancellation, intent not to renew, or material change of any insurance
coverages required herein.
(D) Lessee shall, during the term of this Lease, provide copies of all insurance
policies to the City Manager or the Director upon written request.
(E) Lessee shall, prior to any addition or alteration to the Premises or to the
Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as
set out herein this Lease.
Section 22. No debts. Lessee shall not incur any debts nor obligations on the credit of
City during the term o this Lease.
Section 23. Termination.
(A) The City Manager may immediately terminate this Lease for cause and
without penalty if the City Manager determines, in his sole discretion, that
Lessee is no longer fulfilling the primary purpose of the Lease as set out in
Exhibit A.
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(B) In addition, the City Manager may immediately terminate this Lease for
cause and without penalty if he determines, in its sole discretion, that Lessee
is in violation of any Federal, State, or local government law, rule, regulation,
or ordinance.
(C) Additionally, if there is noncompliance with one or more of the provisions
contained herein, the Director may give Lessee written notice to cure or
begin curing the default(s) within ten (10) days of receipt of the notice. If
Lessee is not in compliance or in substantial compliance with each provision
identified by the Director within ten (10) days of receiving said notice, the
City Manager may terminate this Lease for cause without penalty by
providing written notice of termination and listing one or more areas of
continued noncompliance.
(D) Either City Manager or Lessee may terminate this Lease without cause
without penalty by giving thirty (30) days written notice to the non-terminating
party.
Section 24. Notice. All notices, demands, requests, or replies provided for or
permitted, under this Lease, by either party must be in writing and must be delivered by
one of the following methods: (1) by personal delivery; or (2) by deposit with the United
States Postal Service as certified or registered mail, return receipt requested, postage
prepaid. Notice deposited with the United States Postal Service in the manner
described above will be deemed effective two (2) business days after deposit with the
United States Postal Service. All such communications must only be made to the
following:
IF TO CITY:
IF TO LESSEE:
City of Corpus Christi
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christi, TX 78469-9277
Name and address on Exhibit A
Either party may change the address to which notice is sent by using a method set out
above. Lessee will notify the City of an address change within thirty (30) days after the
address is changed.
Section 25. List of Current Officers and Board of Directors, and Bvlaws. Lessee
must submit its current List of Officers and Board of Directors (List) to the Director by
each January 31 of each year of this Lease. The List must contain each person's title,
name, address, home phone, and office or fax phone, and email address. Lessee must
notify Director in writing immediately if there are any changes in the Officers or Board of
Directors. Lessee must provide Director with copy of the current Bylaws, and
immediately provide Director with any amendments to the Bylaws.
Section 26. Reporting. Lessee shall submit reports listing the number of youth and
teams registered by Lessee to play sports each year during the term of this Lease. The
reports must be submitted to the Director within two weeks after the start of Lessee's
season.
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Section 27. Construction and Reconstruction Funds.
(A) If the City receives funds to construct or reconstruct Improvements at the
Premises, Lessee covenants to vacate the Premises, should the Director
deem it necessary, upon thirty (30) days written notice from the Director.
(B) Lessee has no action for damages against nor will be compensated by the
City for loss of use of the Premises and/or Improvements. The City has no
obligation to provide an alternate location for Lessee during the Improve-
ments construction or reconstruction period. The consideration for Lessee
relinquishing all rights to use the Premises and Improvements during the
construction or reconstruction period is the City's construction or recon-
struction of the Improvements for Lessee's benefit.
(C) Once construction or reconstruction of the Improvements is complete, the
Director will notify Lessee, in writing, of the date on which the Premises
and Improvements are once again available to Lessee.
(D) Lessee's term will not change nor increase if the City requests Lessee to
vacate the Premises as set out herein.
Section 28. Amendments. No alterations, changes, or modifications of the terms of
this Lease nor the waiver of any provision will be valid unless made in writing and signed
by a person authorized to sign agreements on behalf of each party.
Section 29. Waiver.
(A) The failure of either party to complain of any act or omission on the part of
the other party, no matter how long the same may continue, will not be
deemed a waiver by said party of any of its rights hereunder.
(B) No waiver of any covenant or condition or of the breach of any covenantor
condition of this Lease by either party at any time, express or implied, shall
be taken to constitute a waiver of any subsequent breach of the covenant
or condition nor shall justify or authorize the nonobservance on any other
occasion of the same or any other covenant or condition hereof.
(C) If any action by the Lessee requires the consent or approval of the City on
one occasion, any consent or approval given on said occasion will not be
deemed a consent or approval of the same or any other action at any other
occasion.
(D) Any waiver or indulgence of Lessee's default of any provision of this Lease
shall not be considered an estoppel against the City. It is expressly under-
stood that, if at any time Lessee is in default in any of its conditions or
covenants hereunder, the failure on the part of City to promptly avail itself
of said rights and remedies which the City may have will not be considered
a waiver on the part of the City, but the City may at any time avail itself of
said rights or remedies or elect to terminate this Lease on account of said
default.
Section 30. Force Maieure. No party to this Lease will be liable for failures or delays in
performance due to any cause beyond their control including, without limitation, any
failures or delays in performance caused by strikes, lock outs, fires, acts of God or the
public enemy, common carrier, severe inclement weather, riots or interference by civil or
military authorities. The rights and obligations of the parties will be temporarily sus-
pended during this period to the extent performance is reasonably affected.
Section 31. Publication. Lessee agrees to pay the cost of newspaper publication of
this Lease and related ordinance as required by the City Charter.
Section 32. Ca tions. The captions in this Lease are for convenience only, are not a
part of this Lease, an do not in any way limit or amplify the terms and provisions of this
Lease.
Section 33. Severability
A. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application hereof to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable un-
derpresent orfuture law or by a final judgment of a court of competent
jurisdiction, then the remainder of this Lease, or the application of said
term or provision to persons or circumstances other than those as to which
it is held illegal, invalid, or unenforceable, will not be affected thereby, for it
is the definite intent of the parties to this Lease that every section, para-
graph, subdivision, clause, provision, phrase, or word hereof be given full
force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unen-
forceable under present orfuture law effective during the term of this
Lease, then the remainder of this Lease is not affected thereby, and in lieu
of each such illegal, invalid, or unenforceable clause or provision, a clause
or provision, as similar in terms to such illegal, invalid, or unenforceable
clause or provision as may be possible and be legal, valid, and
enforceable, will be added to this Lease automatically.
Section 34. Complaint Notice. Lessee will post a notice at Premises, in a form
approved by the Parks Director, that if any participant or spectator has any complaints
or concerns they may contact the City at 880-3461 and talk to the Parks Director, or
designee.
Section 35. Landfill regulations. Lessee acknowledges that it has read and agrees to
the provisions in the attached Exhibit, Notice of Prior Use, which contains additional
provisions regarding development over closed landfill.
_Section 36. Entirety Clause. This Lease and the attached and incorporated exhibits
constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise,
with reference to the subject matter hereof, unless contained in this Lease are expressly
revoked, except for the promulgation of future maintenance rules as contemplated in
Section 4 herein above, as the parties intend to provide for a complete understanding
within the provisions of this Lease and its exhibits of the terms, conditions, promises,
and covenants governing each party's performance hereunder and as relating to
Lessee's use of the Premises.
EXE~,(,JTED IN DUPLICATE, each of which shall be considered an original, on this
the ~j~ day of c ~ .Z ~.rh,vi , 2009.
ATTEST:
Armando Chapa, City Secretary
Approved as to~le~gQal~form: ~/~~°`j
Lisa Aguil ,Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
'A I .Escobar, City Manager
,~,~,;,Q~~ AUTtIORIZt~
tr couHra.....1'~~.~J.b .D`L
~. ~SECRETARY,~-
LESSEE: Sparklin City Girls Fastpitch
By: ~ C~
President
Printed Name: ~l SH' C~GL,'ar~~
Date: =J l~"~ 09
STATE OF TEXAS
COUNTY OF NUECES '
his instrument was acknowledged before me on ~- I ~~ , 2009, by
a.. ~ ~-~a, President of ~/j~.,,~~c~~ C~ 4 j (--I`r; bn be alf of said oryanizatisn.
ao, ..... ,;e~*.,
t'"°``" DONNA I, DELEON Notary Public, Slat of Texas
1. ~~ f Notary public ~ ~ ~ L-c ~,
? s\~~ ;` STATE OF TEXAS Printed name: I ~1'~ r~U
~`,.'o2oP.'F;'•='' My Comm, Exp. OB-11.2012
Commission expires:_ ~~~ z~~ Oj7i
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EXHIBIT A
Sparkling City Girls Fastpitch
Property Description: Tract or parcel of land at Youth Sports Complex
Term: January 27, 2009 to January 31, 2012
Program to be operated by Lessee: softball
Notice Address for Lessee:
Sparkling City Girls Fastpitch
Attn: League President
3901 Greenwood
Corpus Christi, Texas 78416
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EXHIBIT B
See attached Site map
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EXHIBIT C
INSURANCE REQUIREMENTS
LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such
insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following
minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage
material change or termination is required on all Per occurrence /aggregate
certificates.
Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personallnjury
C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the liability coverage, and a
blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be"and "canceled", and deleting the
words, "endeavor to", and deleting the wording after "IefY'. ".In lieu of modification of the ACORD form,
separate policy endorsements addressing the same substantive requirements are mandatory.
• The name of the project must be listed under "Description of Operations".
• At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is
required.
B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items
1.6 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating
whether items 1.6. (1)-(7) are included or excluded.
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EXHIBIT D
STANDARD OF MAINTENANCE
SPORT FIELD LEASE CHECKLIST
Due January 31
SITE:
ADDRESS:
INSPECTOR:
Date:
Please fill out whatever pertains to your Sports league, please use comment box
below to describe your sports field if it's not listed.
All Leases Sport League will be expected to complete this self-inspection checklist form
annually. Due date will be January of the upcoming year.
Each league is responsible for their self inspection. If the inspection is not submitted to
the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus
Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per
site and the City will do the inspection.
Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is
required for any "YES" answer.
PLAYING SURFACE: Baseball Field, Soccer Field, Football Field, Softball Playing
Field,
Yes No
[ J [ ] 1. Maintenance equipment such as rakes, hoses, etc. are stored correctly.
[ ] [ ] 2. Litter and unsafe debris is picked up around the field and player/spectator
areas.
[ ] [ ] 3. The supply and location of waste cans are adequate.
[ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are grade level
and/or do not have sharp edges or unsafe protrusions.
[ ] [ J 5. Recurring accidents from players running into surrounding objects such as
fencing, light posts, bleachers,etc.
[ J [ ] 6. Our facility complies with industry recommended field design specifications.
[ J [ ] 7. Playing field is level
[ ] [ ] 8. Playing surtace is safe. (no holes or unsteady surfaces)
COMMENTS
BASES AND ANCHORING: Baseball Field, Soccer Field, Football Field, Softball
Playing Field,
Yes No
[ ] [ ] 1. The bases or goal are installed according to the manufacturer's
requirement.
[ ] [ ] 2. The bases or goals are secure and safe.
COMMENTS
FENCING area around the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. Fence posts are not loose and/or properly set in the ground.
[ ] [ ] 2. Fence posts are not on the inside of the playing area fence.
[ ] [ ] 3. Concrete footings are not exposed above ground.
[ ] [ ] 4. Fencing is securely attached to the fence posts with no loose or broken ties.
[ ] [ ] 5. There are not unsafe gaps under fencing.
[ ] [ ] 6. Wire ends of chain link fencing are not exposed along the top.
[ ] [ ] 7. There are not damaged portions of fencing that are loose, sharp, protruding, or
unsafe.
[ ] [ ] 9. Gates are not left open during games.
[ ] [ ] 10. Backstops and goals not meet industry recommended specifications.
COMMENTS
TURF AREAS for the following: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. There are not unsafe bare spots in turf with a hard soil surface
exposed.
[ ] [ ] 2. The surface is level.
[ j [ ] 3. Soil is properly draining for safe running surface.
(] [ ] 4. Turf is uniform in texture, density, or height making an unsafe playing
surface.
[ ] [ ] 5. Turf irrigation is properly installed and working.
[ ] [ ] 6. Weeds are not present with thorns, bristles, or burrs.
[ ] [ ] 7. Moles, gophers or other animals have not caused mounds or holes.
[ ] [ ] 8. No hazardous ruts are present.
[ ] [ ] 9. Permanent materials used to mark foul lines (i.e., white boards or fire
hose) are not protruding from the surtace.
COMMENTS
LIGHTING for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The lighting was designed, installed and inspected by properly trained
engineers or technicians.
[ ] [ ] 2. There are burned out lights.
[ ] [ ] 3. The beam direction of the lights are properly adjusted.
[ ] [ ] 4. The lighting foot-candles meet industry recommended specifications.
COMMENTS
BLEACHERS for the following areas: Baseball Field, Soccer Field, Football Field,
Softball Playing Field,
Yes No
[ ] [ ] 1. The nuts and bolts on the bleachers are not loose, missing, or protruding.
[) [ ] 2. The guard rails are not loose or missing.
[ ] [ ] 3. The plank or railing end caps are loose or missing.
[ ] [ ] 4. Wooden planks are not worn out or splintered.
[ ] [ ] 5. There are not hazardous protrusions or sharp edges.
COMMENTS
TEXAS ADMINISTRATIVE CODE
TITLE 30 Environment Quality
PART 1 TEXAS COMMISSION ON ENVIRONEMENTAL
QUALITY
CHAPTER 330 Municipal Solid Waste
SUBCHAPTER T Use of Land over Closed Municipal Solid Waste Landfills
Rule 330.951 Definitions.
Unless otherwise noted, all terms contained in this section aze defined by their plain
meaning. This section contains definitions that are applicable only to this subchapter and
that supersede definitions in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words in the singular include
the plural and words in the plural include the singular. The following words and terms,
when used in this subchapter, have the following meanings.
(1)Alteration--Minor changes and standard redesign activities common in residential
and commercial structures, such as moving walls and doors, that will not affect the
foundation or increase the horizontal extent of the foundation.
(2) Authorization--A written approval issued by the executive director that, by its
conditions, may allow the disturbance of the integrity of the final cover.
(3) Closed municipal solid waste landfill--A permitted or previously permitted
municipal solid waste landfill, a municipal solid waste landfill which has never been
permitted, or a dumping area as defined in this section, which stopped receiving waste
and completed the closure activities.
(4) Closure plan--A plan addressing the placement of a final cap on a closed municipal
solid waste landfill where waste is exposed or the existing cap is inadequate.
(5) Construction--The inception of an activity that provides improvements necessary for
the utilization of an enclosed structure.
(6) Develop and/or development--Any activity on or related to real property that is
intended to lead to the construction or alteration of an enclosed structure for the use
and/or occupation of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions that will
include single-family homes and duplexes.
(7) Development permit--A written permit issued by the executive director that, by its
conditions, may authorize a person or persons to develop an enclosed structure over a
closed municipal solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area--An non-permitted azea of land or an excavation with unknown
boundazies or which have had the boundaries determined through subsequent
investigation that has received only municipal solid waste or municipal solid waste
combined with other solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, conditionally exempt small-
quantity generator hazardous waste, and industrial solid waste, and that is not a land
treatment unit, surface impoundment, injection well, or waste pile as those terms aze
defined in §330.3 of this title (relating to Definitions).
(9) Enclosed structure or structure--Any permanent structure that is intended to be or
has the potential of being used or occupied by people for an industrial, commercial,
public, or residential purpose.
(10) Essential improvements--All improvements and appurtenances including, but not
limited to, the excavations for the structure, installation of utilities, on-site wastewater
disposal facilities, grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation systems necessary for
the utilization of an enclosed structure.
(11) Existing structure--Any enclosed structure that began development prior to
September 1, 1993.
(12) Permitted development--An enclosed structure or group of enclosed structures that
have been issued a development permit.
(13)Post-closure care--The period of time beginning with the professional engineer
certification of completing final closure activities as accepted by the executive director in
accordance with §§330.453(f), 330.455(c), or 330.457(1)(5) of this title (relating to
Closure and Post-Closure) and ending with the professional engineer certification of
completion ofpost-closure care maintenance as accepted by the executive director in
accordance with §330.463 of this title (relating to Post-Closure Care Requirements).
Monitoring and maintenance activities are required during the post-closure care period in
accordance with §330.463 of this title.
(14) Post-closure care landfills--A municipal solid waste landfill facility that has
received a municipal solid waste permit under §330.7 of this title (relating to Permit
Required) and is currently in the post-closure care period as defined in this section.
(15) Registration--A document issued by the executive director regarding submitted
information for an existing enclosed structure built over a closed municipal solid waste
landfill unit that does not require a development permit.
(16) Site operating plan--A prepared document that provides guidance for operations
and procedures necessazy to maintain human safety and environmental protection at the
development, permitted development, or existing structure in a manner consistent with
the development permit and the commission's regulations.
(17) Structures gas monitoring plan--A document prepared by a licensed professional
engineer that provides procedures to ensure the detection of landfill gases and the
prevention of migration of landfill gases into enclosed structures.
Rule 330.952. Applicability and Exemptions.
(a) Applicability. The requirements in this subchapter apply to:
(1) persons owning, leasing, or developing property overlying a closed municipal solid
waste landfill as defined by §330.951 of this title (relating to Definitions), except as noted
in subsection (b) of this section; and
(2) persons developing a tract of land greater than one acre, except as noted in
subsection (b) of this section;
(b) Exemptions. The following persons shall be exempt from certain requirements of this
subchapter.
(1) An owner of property constructing asingle-family or double-family home, other
than a developer of a housing subdivision, shall be exempt from §330.953 of this title
(relating to Soil Test Required before Development), §330.954 of this title (relating to
Development Permit, Development Authorization, and Registration Requirements,
Procedures, and Processing), and §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post-Closure Care).
(2) An owner of an existing structure built over a closed municipal solid waste landfill
unit and that is asingle-family or double-family home shall be exempt from §330.954 of
this title and/or §330.959 of this title (relating to Contents of Registration Application for
an Existing Structure Built Over a Closed Municipal Solid Waste Landfill Unit) and
§330.961 of this title
Rule 330.953 Soil Test Required before Development.
a) 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 intended to determine if a landfill exists on the property
planned for development.
(b) A soil test under this section shall be conducted by a licensed professional engineer.
(c) The licensed professional engineer must choose one of the following tests.
(1) Test I. The licensed engineer shall observe all subsurface disturbances, undertaken
for whatever reason, during development through the completion of the foundation. A
subsurface investigation prior to construction is not required by Test I.
(2) Test II. A subsurface investigation undertaken for the purpose of finding a closed
municipal solid waste landfill unit. The investigation must incorporate a sufficient
number of borings or excavations, the number of which shall be determined on a site-
specific basis by the licensed professional engineer. Each boring or excavation shall be to
a minimum depth often feet.
(3) Test III. A subsurface investigation conducted at the development site for
geotechnical or environmental purposes, or a housing and urban development test for a
homeowner's warranty.
(d) In accordance with Texas Health and Safety Code, §361.538(c), any engineer who
conducts a soil test and determines that part of the tract overlies a closed municipal solid
waste landfill shall notify the following persons of that determination within 30 days of
the completion of the test:
(1) each owner and each lessee of the tract;
(2) the executive director;
(3) local govenunent officials with the authority to disapprove the application for
development; and
(4) the regional council of governments.
(e) The responsible engineer shall affix his seal, signature, and date of execution to the
soil test results as required by the Texas Engineering Practice Act, § 15c, and in
accordance with 22 TAC § 131.166 (relating to Engineer's Seal).
(f) All soil test excavations where waste is removed shall be backfilled and compacted
with clean high-plasticity or low-plasticity clay. The excavation shall be backfilled to
exceed the existing grade and provide positive drainage.
Rule 330.954. Development Permit, Development Authorization, and Registration
Requirements, Procedures and Processing.
a) Permit required for development over a closed municipal solid waste (MSW) landfill
unit.
(1) No person may commence or continue physical construction of an enclosed structure
over a closed MSW landfill as defined in §330.951 of this title (relating to Definitions)
without first submitting a development permit application in accordance with §330.956 of
this title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements) and receiving a
development permit issued by the executive director, except as noted in paragraph (7) of
this subsection. The permit issued by the executive director under this subchapter is a
development permit and not a permit For the management of solid waste. A permit
application for a development permit shall comply with those requirements in this
subchapter. A permit application to manage MS W shall comply with the applicable
sections of Chapter 281 and Chapter 305 of this title (relating to Applications Processing
and Consolidated Permits), and Subchapters A - M of this chapter.
(2) A development permit is required for construction of an enclosed structure over a
closed MSW landfill that had received a permit under §330.7 of this title (relating to
Permit Required) and had its permit revoked at the end of the post-closure Gaze period in
accordance with §305.67 of this title (relating to Revocation and Suspension upon
Request or Consent) or for construction of an enclosed structure over anon-permitted
closed MSW landfill. The exact waste boundazy may be determined through soil boring
tests in accordance with §330.953 of this title (relating to Soil Test Required before
Development), or through alternative investigation methods approved by the executive
director.
(3) A development permit for construction of an enclosed structure is required for an
entire property that includes a closed MSW landfill with unknown boundaries as defined
in §330.951 of this title.
(4) The permit application under this subchapter must be received at least 45 days prior
to the proposed commencement of construction over the closed MSW landfill unit.
(5) If a person directs an engineer to conduct Soil Test I, and the soil test reveals the
existence of a closed MSW landfill unit after the commencement of construction,
construction of the enclosed structure being built over the waste area shall cease
immediately, and a permit application shall be submitted and a development permit
issued before construction of the enclosed structure over the waste area unit can resume.
The person may proceed with construction and development of other facilities, including
those items listed in the definition of essential improvements.
(6) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer discovers a closed MSW landfill unit as a result of the test, the person shall
submit a permit application. Development of an enclosed structure over the closed
landfill unit cannot begin until a development permit is issued.
(7) If a person directs an engineer to conduct either Soil Test II or Soil Test III and the
engineer does not detect a closed MSW landfill unit as a result of the test, but
subsequently discovers a closed MSW landfill unit during the development, the person is
not required to submit a permit application but must meet the provisions of §330.959 of
this title (relating to Contents of Registration Application for an Existing Stnzcture Built
Over a Closed Municipal Solid Waste Landfill Unit).
(8) As part of the application, the owner shall provide the name and physical and
mailing addresses of a public building with normal operating hours such as library, city
hall, or county courthouse where the application can be viewed by the general public. The
facilities where the permit can be viewed shall be in compliance with all applicable
requirements of the Americans with Disabilities Act. The application shall also include
an adjacent landowner list.
(b) Review and approval of permit application.
(1) Notice of the opportunity to request a public meeting for an application shall be
provided not later than 45 days of the executive director's receipt of the application in
accordance with the procedures contained in §39.501(c) of this title (relating to
Application for Municipal Solid Waste Permit). The owner or operator and the
commission shall hold a public meeting in the local azea, prior to facility authorization, if
a public meeting is required based on the criteria contained in §55.154(c) of this title
(relating to Public Meetings). This section does not require the commission to respond to
comments, and it does not create an opportunity for a contested case hearing. The
purpose of the public meeting is for the public to provide input for consideration by the
commission, and for the applicant and commission staff to provide information to the
public.
(2) The commission shall notify the owner by mail of the date and time of the meeting .
(3) The commission shall require the applicant to publish notice of the meeting in a
newspaper that is generally circulated in each county in which the property proposed for
development is located. The published notice must appeaz at least once a week for the
two weeks before the date of the meeting. The commission shall also notify all
individuals on the list of adjacent landowners at least 15 days prior to the meeting. The
notice shall list the location, date, and time of the public meeting, and the location of the
public building where the development permit application can be viewed.
(4) The executive director's staff will conduct the public meeting at the designated
location. The owner will make a presentation of the application, the executive director's
staff will describe the development permit, and public comment will be received. The
public meeting is not an evidentiazy proceeding.
(5) On or before the fifth day following the public meeting:
(A) the executive director will either approve or deny the development permit
application. The executive director shall base the decision on whether the application
meets each of the requirements of §330.956 of this title and §330.957 of this title
(relating to Contents of the Development Permit and Workplan Application). A decision
denying the permit shall state the deficiencies that were cause for the denial and any
modifications necessary to correct those deficiencies; and
(B) a person may submit in writing to the chief clerk a request to be notified of the
executive director's decision on the application.
(6) The date on which the executive director issues the order shall be construed as the
date on which notice of the decision is mailed to the owner and to each person that
requested notification of the executive director's decision in accordance with pazagraph
(5)(B) of this subsection.
(7) Petition for review of executive director's decision.
(A) The owner or a person may file a petition for review not later than the tenth day
after the date the executive director issues the order. The owner or person that files a
petition shall file the petition with the chief clerk, and shall mail a copy of the petition to
the owner and to each person that requested notification of the executive director's
decision in accordance with paragraph (5)(B) of this subsection.
(B) If a petition for review is filed, the commission shall act on the petition for review
within 35 days after issuance of the executive director's order or at the next scheduled
commission meeting, whichever is later. The commission may affirm or reverse the order
issued by the executive director.
(C) A commission order ruling on a petition for review is final and effective on the
date issued.
(8) If no petition for review is filed ten days after the executive director issues a
decision, the decision is final and effective on the 11th day after the date the decision was
issued.
(9) If the actual cost of reviewing the permit is not equal to the application fee, the
owner will be presented with either a refund or an invoice in accordance with subsection
(a)(7) of this section. If an invoice is submitted, a development permit will not be issued
until the invoice is paid.
(10) An owner who is denied a development permit may submit a new application to the
executive director.
(c) Requirements for development over a closed MS W landfill inpost-closure care.
(1) For an MSW landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is cun•ently inpost-closure care, no
person may commence physical construction of an enclosed structure without submitting
a permit modification application for the closure plan and post-closure plan of the
existing permit in accordance with §305.70(j)(6) of this title (relating to Municipal Solid
Waste Permit and Registration Modifications), or a permit amendment application in
accordance with §305.62 of this title (relating to Amendment), and a workplan including
those items listed in §330.957 of this title, and receiving the approval from the executive
director.
(2) For an MS W landfill that is covered by an existing permit for the management of
solid waste received under §330.7 of this title and is cun•ently inpost-closure caze, no
person may commence with any type of non-enclosed structures, which will result in the
disturbance, in any way, of the final cover without submitting a permit modification
application for the closure plan and post-closure plan of the existing permit in accordance
with §305.70(j)(6) of this title or a permit amendment application in accordance with
6
§305.62 ofthis title, and a workplan including those items listed in §330.960 ofthis title
(relating to Contents of Authorization Request to Disturb Final Cover Over a Closed
Municipal Solid Waste Landfill for Non-enclosed Structures), and receiving the approval
from the executive director.
(3) The executive director shall issue a decision to approve or deny the permit
modification/amendment application. The executive director shall base the decision on
whether the application meets each of the requirements of §305.70(j)(6) or §305.62 of
this title, respectively, and of §330.957 or §330.960 ofthis title, respectively. A decision
denying the permit modification/amendment shall state the deficiencies that were cause
for the denial and any modifications necessazy to correct those deficiencies.
(d) Registration for existing structures.
(1) The owner or lessee of an existing structure that existed or began development prior
to September I, 1993, and is built over a closed MSW landfill unit, shall submit a
registration application to the executive director. The registration application shall be
submitted to the executive director and shall include those items listed in §330.959 ofthis
title. This paragraph is not intended to require that owners and lessees of enclosed
structures initiate investigations for closed MSW landfills.
(2) A registration issued by the executive director under this subchapter is not a
registration for the management of solid waste. A registration application for an existing
structure shall comply with those requirements in this subchapter. A registration
application to manage MSW shall comply with the applicable sections of Chapter 281
and Chapter 305 ofthis title and Subchapters A - M of this chapter.
(3) The owner shall submit the registration within 180 days from the determination that
the structure overlies a closed MSW landfill.
(4) Upon receipt of written approval of the structures gas monitoring plan or approval
with modifications to the plan from the executive director, the owner or lessee of the
existing structure shall implement the plan in accordance with its approved schedule.
(e) Authorization to disturb final cover for non-enclosed structures.
(1) The integrity of the final cover of a closed MSW landfill shall not knowingly be
violated, disturbed, altered, removed, or interrupted in any way without the prior
authorization of the executive director, except where soil tests are being performed in
accordance with §330.953 of this title.
(2) Penetrations of the final cover or liner systems will not be allowed without the prior
authorization of the executive director. These include, but are not limited to, borings,
piers, spread footings, foundations for light standards, fence posts, anchors, deadman
anchors, manholes, on-site disposal systems, recreational facilities, and any other kind of
non-enclosed structures.
(3) An authorization to disturb final cover issued by the executive director under this
subchapter is not an authorization for the management of solid waste. An application for
authorization shall comply with those requirements in this subchapter.
(4) The authorization request must be received at least 45 days prior to the proposed
commencement of construction over the closed MSW landfill unit.
Rule 330.955 Miscellaneous.
(a) An enclosed area to be occupied by people under the natural grade of the land or
under the grade of the final cover of the closed municipal solid waste (MSW) landfill will
not be allowed.
(b) The executive director may require that additional soil layers or building pads be
placed on the final cover prior to the initiation of any construction activity or structural
improvements in order to protect the integrity and function of the final cover, any liner(s),
any components of the containment system(s), or any monitoring system(s).
(c) The executive director may allow small amounts of solid waste removed from a
closed MSW landfill (including residuals from a soil test) to be redeposited in the closed
MSW landfill on a case-by-case basis. The workplan for developing land over a closed
MSW landfill should describe the steps taken to ensure that removed waste will be
appropriately covered or removed to an authorized waste management facility.
(d) Unauthorized pilings in or through the final cover of a closed MSW landfill are
prohibited.
(e) Unauthorized borings or other penetrations of the final cover of a closed MSW
landfill are prohibited.
(f) Any water that comes in contact with waste becomes contaminated water and has to
be properly discharged in a manner that will not cause surface water or groundwater
contamination.
(g) Locations where waste is removed shall be backfilled and compacted with clean high-
plasticity or low-plasticity clay. The excavation shall be backfilled to exceed the existing
grade and provide positive drainage.
(h) No waste shall be left exposed overnight.
Rule 330.956 Application for Proposed or Existing Constructions over a Closed
Municipal Solid Waste Landfill Unit, General Requirements.
(a) The application shall be submitted prior to the public meeting. The owner shall be
required to comply with the design, construction, and operating procedures proposed in
the application.
(b) The owner is responsible for providing the executive director data of sufficient
completeness, accuracy, and clarity to provide assurance that operation of the facility will
pose no reasonable probability of adverse effects to the health, welfaze, or physical
property of residents and occupants of the structures, and the environment. Failure to
provide complete information as required by this subchapter may be cause for the
executive director to return the application without further action. Submission of false
information shall constitute grounds for denial or revocation of the development permit.
The owner is responsible for determining and reporting to the executive director any site-
specific conditions that require special design considerations. The proposed development
shall be in compliance with all applicable state and federal laws.
(c) The owner shall submit an application following the requirements in §330.57(e) - (h)
of this title (relating to Permit and Registration Applications for Municipal Solid Waste
Facilities).
(d) The maps submitted as a group shall show the following:
(1) the prevailing wind direction with a wind rose;
(2) all known water wells within 500 feet of the proposed development permit
boundazy. The state well-numbering system designation for Texas Water Development
Board "Located Wells," where applicable, shall be shown;
(3) area streams, ponds, lakes, and wetlands;
(4) the property boundary of the site;
(5) drainage, pipeline, and utility easements within or adjacent to the site; and
(6) schools, licensed day Gaze facilities, hospitals and other health care facilities within
1,000 feet of the boundaries of the known fill azea.
Rule 330.957 Contents of the Development Permit and Workplan Application
a) General requirements. The application shall follow the general requirements in
§330.956 of this title (relating to Application for Proposed or Existing Constructions
Over a Closed Municipal Solid Waste Landfill Unit, General Requirements).
(b) Certification.
(1) Following the language of Texas Health and Safety Code, §361.533, the licensed
professional engineer preparing a development permit application shall include the
following certification: Certification of No Potential Threat to Public Health or the
Environment. "I, , P.E. # ,certify that the proposed
development is necessary to reduce a potential threat to public health or the environment,
or that the proposed development will not increase or create a potential threat to public
health or the environment. Further, I certify that the proposed development will/will not
damage the integrity or function of any component of the Closed Municipal Solid Waste
Landfill Unit, including, but not limited to, the final cover, containment systems,
monitoring system, or liners. This certification includes all documentation of all studies
and data on which I relied in making these determinations." (signed, sealed, and dated by
the licensed professional engineer).
(2) For landfills in post-closure caze, the owner or operator of the closed municipal solid
waste (MSW) landfill unit shall submit to the executive director for review and approval
a certification, signed by an independent licensed professional engineer and including all
applicable documentation necessary to support the certification, demonstrating that:
(A) any proposed construction activities or structural improvements on the closed
MSW landfill unit or waste management area shall not disturb the integrity and function
of the final cover, any liner(s), all components of the containment system(s), and any
monitoring system(s);
(B) the post-closure activities or improvements shall not increase or serve to create any
potential threat to human health and the environment or that the proposed activities or
improvements are necessazy to reduce a potential threat to human health and the
environment;
(C) any proposed modification or replacement of existing construction activities or
structural improvements on any closed MSW landfill unit or waste management area that
may disturb the integrity and function of any portion of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) shall not increase
nor serve to create any potential threat to human health and the environment; and
9
(D) other disturbances of a closed MS W landfill unit or waste management area if the
owner or operator submits to the executive director for review and approval, a
certification that demonstrates that the disturbance, including the removal of any waste,
shall not cause harm to the integrity and function of the final cover, any liner(s), any
components of the containment system(s), or any monitoring system(s) and shall not
increase nor serve to create any potential threat to human health or the environment. This
certification shall be signed by the owner or operator of the unit or facility and an
independent licensed professional engineer and shall include all applicable
documentation necessary for the certification.
(c) Existing conditions summary. The owner shall discuss any land use, environmental,
or special issues that affect the facility. This shall include, but not be limited to:
(1) condition of final cover;
(2) waste characterization;
(3) gas production; and
(4) potential environmental impacts.
(d) Legal authority. The applicant shall provide verification of the applicant's legal status.
Normally, this is a one-page certificate of incorporation issued by the Secretary of State.
(e) Evidence of competency. The names of the principals and supervisors of the
applicant's organization relative to the development shall be provided.
(f) Notice of appointment. The applicant shall provide a notice of appointment
identifying the applicant's engineer.
(g) Notice of coordination. The applicant shall provide notice of coordination with all
local, state, and federal government officials and agencies.
(h) Legal description. The applicant shall provide legal description of the property in
accordance with §330.59(d) of this title (relating to Contents of Part I of the Application).
(i) Site drawing. The applicant shall provide a site drawing, drawn to scale, that indicates
the location of all waste disposal areas, existing and proposed structures, creeks, and
ponds.
(j) Maps. All maps shall clearly show the boundaries of the tract of land under
development and the actual fill areas.
(1) General location maps. These maps shall be all or a portion of county maps prepared
by the Texas Department of Transportation (TxDOT). At least one general location map
shall be at a scale of 1/2 inch equals one mile. If the TxDOT publishes more detailed
maps of the proposed site area, the more detailed maps shall also be included. The latest
published revision of all maps shall be used. In addition, the applicant shall provide maps
as necessary to accurately show proximity of the site to surrounding features and
structures.
(2) General topographic maps. These maps shall be United States Geological Survey 7-
I/2 minute quadrangle sheets or equivalent. At least one general topographic map shall be
at a scale of one inch equals 2,000 feet.
(k) General geology and soils statement. The application shall include a discussion in
general terms of the geology and soils of the proposed facility, including any known
pathways for leachate and landfill gas migration.
(l) Groundwater and surface water statement. The application shall include a description
of the groundwater and surface water resources at or near the facility and how they will
be impacted by the development.
10
(m) Foundation plans. The owner shall provide foundation plans, including geotechnical
soil investigation and design reports.
(I) In order to prevent gas migration into buildings and other structures, structures shall
be designed and constructed in accordance with the following criteria.
(A) A geomembrane or equivalent system with very low gas permeability shall be
installed between the slab and the subgrade, and a permeable layer of a minimum
thickness of 12 inches, composed of anopen-graded, clean aggregate material, shall be
installed between the geomembrane and the subgrade.
(B) A geotextile filter shall be utilized to prevent introduction of fine soil or other
particulate matter into the permeable layer.
(C) A landfill gas ventilation or active collection system shall be installed consistent
with the structures gas monitoring plan required by subsection (t) of this section.
(D) Perforated venting pipes or alternative venting methods approved by the executive
director shall be installed within the permeable layer and shall be designed to operate
without clogging.
(E) The venting gas devices shall be constructed to allow connection to aninduced-
draft exhaust system.
(F) Automatic methane gas sensors shall be installed within the venting pipe and/or
permeable gas layer and inside the building or any other structure in order to trigger an
audible alarm when methane gas concentrations greater than 20% of the lower explosive
limit are detected.
(2) Alterations of existing structures are exempt from the requirements of paragraph (1)
ofthis subsection.
(3) An owner who requests suspension of gas monitoring based upon the demonstration
required by subsection (t)(1)(B) ofthis section, may submit to the executive director a
request for a variance from the requirements of paragraph (1) ofthis subsection. The
executive director shall base the decision on site-specific factors including, but not
limited to, age of the MSW landfill, type of waste deposited in the MSW landfill, and
testing methods utilized by the owner.
(n) Other plans. The application shall include the following plans:
(1) grading and drainage;
(2) irrigation systems; and
(3) a dimensional control plan of the facility relating all existing and/or proposed
enclosed structures and essential improvements of the development and the locations of
all required improvements and appurtenances to the legal description boundary of the
facility and the limits of the waste disposal area, signed and sealed by a registered
professional land surveyor.
(o) Soil tests. The owner shall provide all soil tests and/or other information relied upon
to make the determination that the facility was used as an MSW disposal area as required
by §330.953 ofthis title (relating to Soil Test Required before Development), including
procedures performed to identify the limits of the waste disposal area.
(p) Certified copies of required notices. The owner shall provide certified copies of all
notices having been made by the licensed professional engineer, by the owner, and by the
lessor/lessee in accordance with §330.953 ofthis title, §330.962 ofthis title (relating to
Notice to Real Property Records), §330.963 ofthis title (relating to Notice to Buyers,
Lessees, and Occupants), and §330.964 ofthis title (relating to Lease Restrictions).
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(q) Closure plan. The owner shall provide a closure plan for any pazt of the waste
disposal area that will not have a structure built over it, including placement of the final
cover.
(r) Operational requirements plan. The owner shall provide a plan discussing the
necessary procedures and practices to be implemented and followed to ensure that the
owner meets the provisions of §330.961 of this title (relating to Operational
Requirements for an Enclosed Structure Over a Closed Municipal Solid Waste Landfill
Unit or a Municipal Solid Waste Landfill in Post-Closure Caze).
(s) Site operating plan. The owner shall provide a site operating plan, which at a
minimum shall include specific guidance, procedures, instructions, and schedules for the
following:
(1) a description, including size, type, and function, of the equipment to be utilized at
the structure other than methane monitoring equipment;
(2) a detailed description of the procedures that the operating personnel shall follow to
utilize the equipment; and
(3) a plan to implement and maintain the operational requirements of §330.961 of this
title.
(t) Structures gas monitoring plan. The owner shall provide a structures gas monitoring
plan in accordance with the following.
(1) General.
(A) The owner or lessee of a new enclosed structure built or installed over a closed
MSW landfill unit shall ensure that the concentration of methane gas within the facility
structure does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane) in facility structures (excluding gas control or recovery system components)
overlying the closed MSW landfill unit.
(i) Any new enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alazm if the
volumetric concentration of methane in the air is greater than 1.0% (20% of the lower
explosive limit).
(ii) Any new enclosed structures built over a closed MSW landfill shall utilize a
ventilation system or an active gas extraction and collection system.
(B) Landfill gas monitoring requirements for a development applying for a
development permit under this subchapter may be suspended by the executive director if
the owner can demonstrate that there is no potential for migration of the landfill gases
listed in paragraph (2)(G) of this subsection. This demonstration shall be certified by a
licensed professional engineer and approved by the executive director, and shall be based
upon site-specific field-collected measurements, sampling, and analysis of physical,
chemical, and biological processes.
(2) Requirements for structures gas monitoring plan. The owner or lessee shall submit a
structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on-site structures. All design drawings shall beaz the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(A) a discussion of specific facility characteristics and potential migration pathways or
barriers in the development of the plan, including, but not limited to:
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(i) locations of buildings and structures relative to the waste disposal area;
(ii) the nature and age of waste and its potential to generate landfill gas;
(iii) routes of entry for the intrusion of landfill gas into structures;
(iv) ignition sources within structures;
(v) the location of any utility lines or pipelines that cross, are adjacent to, or are near
the closed MSW landfill unit;
(vi) number of people occupying the structures and duration of occupation; and
(vii) depth of final cover over deposited waste;
(B) a narrative describing design characteristics of proposed structures related to
landfill gas accumulation prevention, detection, and elimination including, but not limited
to:
(i) structural;
(ii) electrical; and
(iii) mechanical;
(C) a description of the ventilation system or active gas collection and destruction
system to be utilized including engineering drawings and manufacturer's specification
sheets. Active gas collection and destruction systems shall comply with applicable parts
of §§115.152, 115.153, 115.155 - 115.157, and 115.159 of this title (relating to Control
Requirements; Alternate Control Requirements; Approved Test Methods; Monitoring and
Recordkeeping Requirements; Exemptions; and Counties and Compliance Schedule);
(D) a description of landfill gas monitoring equipment to be used in existing and
proposed structures, complete with manufacturer's specification sheets;
(E) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(F) a sampling and analysis plan for determining landfill gas components, which
includes provisions for:
(i) sample withdrawal equipment and techniques;
(ii) sampling protocol for field measurements of diluted gas emissions; and
(iii) a quality assurance/quality control sampling plan to include, but not be limited to:
(I) field sampling;
(II) analytical methods;
(III) quality control samples and methods;
(IV) laboratory data reduction; and
(V) documentation required; and
(G) a complete analysis of the landfill gas to include, but not be limited to:
(i) a mass balance analysis for major components such as methane, other light
hydrocarbons, cazbon monoxide, and water vapor measured with fairly high precision
(i.e., 5.0% - 10% relative error);
(ii) trace analyses for hydrogen sulfide, mercaptans, and ammonia; and
(iii) analysis for volatile organic compounds using an evacuated steel canister
collection device (similar to United States Environmental Protection Agency Method
T014) and gas chromatography/mass spectrometry detection system.
(u) Safety and evacuation plan. The owner shall provide a plan describing evacuation
procedures and safety measures in the event the methane gas sensors sound the audible
alarms.
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Rule 330.958 Construction Plans and Specifications
Construction plans and specifications of the proposed or modified structure shall be
prepared and maintained at the structure at all times during construction. After
completion of construction, one set of as-built construction plans and specifications shall
be maintained at the permitted development. Plans maintained at the structure shall be
made available for inspection by executive director representatives.
Rule 330.959 Contents of Registration Application for an Existing Structure Built
Over a Closed Municipal Solid Waste Landfill
a) The application shall follow the general requirements as set forth in §330.956 of this
title (relating to Application for Proposed or Existing Constructions Over a Closed
Municipal Solid Waste Landfill Unit, General Requirements).
(b) The registration application shall consist of the following:
(1) a legal description as set forth in §330.957(e) of this title (relating to Contents of the
Development Permit and Workplan Application);
(2) certified copies of al] notices having been made by the owner and the lessor/lessee in
accordance with §330.962 of this title (relating to Notice to Real Property Records),
§330.963 of this title (relating to Notice to Buyers, Lessees, and Occupants), and
§330.964 of this title (relating to Lease Restrictions);
(3) plans and drawings as set forth in §330.957(1), (j), and (n)(3) of this title;
(4) a site operating plan as set forth in §330.957(s) of this title;
(5) a structures gas monitoring plan:
(A) General.
(i) The owner or lessee of an existing structure built over a closed municipal solid
waste landfill unit shall ensure that the concentration of methane gas generated by the
landfill does not exceed 20% of the lower explosive limit for methane (1.0% by volume
methane in air) in facility structures (excluding gas control or recovery system
components). Any enclosed structures shall contain automatic methane gas sensors
approved by the executive director and designed to trigger an audible alazm if the
volumetric concentration of methane in the air is greater than 1.0%.
(ii) Landfill gas monitoring requirements for a registration under this section may be
suspended by the executive director as provided for in §330.957(t)(1)(B) of this title.
(B) Requirements for structures gas monitoring plan. The owner or lessee shall submit
a structures gas monitoring plan, designed by a licensed professional engineer, to the
executive director for review and approval. The plan shall ensure detection of the
presence of landfill gas entering on-site structures. All design drawings should bear the
licensed engineer's seal and signature. The plan shall include, but not be limited to, the
following:
(i) an analysis of specific facility characteristics and potential migration pathways or
barriers as set forth in §330.957(t)(2)(A) of this title;
(ii) a facility drawing, drawn to scale, which indicates the location of all waste
disposal areas, existing structures, creeks, and ponds;
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(iii) a narrative describing modifications to the existing structures including, but not
limited to, the following:
(I) structural;
(II) electrical;
(III) mechanical; and
(IV) landfill gas monitoring equipment including manufacturer's specification sheets
and any gas ventilation or active gas extraction systems if the development utilizes such
systems;
(iv) a detailed implementation schedule for the installation of landfill gas monitoring
equipment;
(v) a sampling and analysis plan as set forth in §330.957(t)(2)(F) of this title; and
(vi) a landfill gas analysis as set forth in §330.957(t)(2)(G) of this title; and
(6) a safety and evacuation plan describing evacuation procedures and safety measures
in the event the methane gas sensors sound the audible alarms.
Rule 330.960 Contents of Authorization Request to Disturb Final Cover over a
Closed Municipal Solid Waste Landfill for Non-enclosed Structures.
The owner of a property that includes a closed municipal solid waste landfill shall not
disturb the final cover without prior written approval from the executive director. The
authorization request shall include the following:
(1) a certification as set forth in §330.957(b) of this title (relating to Contents of the
Development Pennit and Workplan Application);
(2) the existing conditions summary as set forth in §330.957(c) of this title;
(3) proposed project description including location related to the closed landfill;
(4) description of the construction/investigation process including, but not limited to,
work schedule and safety issues during construction;
(5) description of the procedures for water and/or methane monitoring and excavated
material disposal during construction;
(6) maps and drawings, site drawing, and general location map to indicate the landfill
location; and
(7) engineering plans, sealed and signed by a licensed professional engineer indicating
the proposed project description and its location relative to the landfill.
Rule 330.961 Operational Requirements for an Enclosed Structure over a Closed
Municipal Solid Waste Landfill Unit or a Municipal Solid Waste Landfill in Post-
Closure Care
(a) General.
(1) The development permit or registration, the site operating plan, any closure plan, the
structures gas monitoring plan, the safety and evacuation plan, and all other documents
and plans required by this subchapter shall become operational requirements and shall be
15
considered a part of the operating record of the development or structure. A copy of these
documents shall be maintained on site in an office at the permitted/registered
development.
(2) The owner, operator, or lessee shall retain the operating record for the life of the
structure.
(3) Any deviation from the development permiUregistration and incorporated plans or
other related documents associated with the development permit or registration without
approval of the executive director is a violation of this subchapter.
(4) The development permit or registration holder shall notify the executive director,
and any local pollution agency with jurisdiction that has requested to be notified, of any
incident involving the facility relative to the development permit or registration and
provisions for the remediation of the incident.
(b) Landfill gas control. All landfill gases shall be monitored in accordance with the
structures gas monitoring plan prepared as set forth in §330.957 of this title (relating to
Contents of the Development Permit and Workplan Application) and §330.959 of this
title (relating to Contents of Registration Application for an Existing Structure Built Over
a Closed Municipal Solid Waste Landfill Unit).
(1) Landfill gas monitoring.
(A) The owner or lessee of a new structure to be built or an existing structure built over
a closed municipal solid waste (MSW) landfill unit shall provide equipment for
monitoring on-site structures, including, but not limited to, buildings, subsurface vaults,
utilities, or any other areas where potential gas buildup would be of concern.
(B) Monitoring on-site structures may include, but is not limited to, periodic
monitoring using either permanently installed monitoring probes or continuous
monitoring systems.
(C) Structures located on top of the waste area shall be monitored on a continuous
basis, and monitoring equipment shall be designed to trigger an audible alarm if the
volumetric concentration of methane in the sampled air is greater than 1 % within the
venting pipe or permeable layer, and/or inside the structure. When practical, structures
should be monitored after they have been closed overnight or for the weekend to allow
for an accurate assessment of gas accumulation.
(D) Areas of the structure where gas may accumulate should be monitored and include,
but aze not limited to, areas in, under, beneath, and azound basements, crawl spaces, floor
seams or cracks, and subsurface utility connections.
(E) Gas monitoring and control systems shall be modified as needed to reflect
modifications to the structure.
(2) Reporting.
(A) All on-site structures shall be sampled for methane on a monthly basis. All
monthly sampling results shall be placed in the operating record of the facility in
accordance with §330.125(b)(3) of this title (relating to Recordkeeping Requirements)
and be made available for inspection by the executive director, and any local pollution
agency with jurisdiction that has requested to be notified, in accordance with §330.125(c)
of this title. If methane gas levels exceeding the limits specified in paragraph (1) of this
subsection are detected, the owner, operator, or lessee shall notify the executive director
and take action in accordance with §330.371(c) of this title (relating to Landfill Gas
Management).
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(B) Sampling for specified trace gases may be required by the executive director when
there is a possibility of acute or chronic exposure due to carcinogenic or toxic
compounds.
(c) Air criteria.
(1) The closed MSW landfill is subject to commission jurisdiction concerning burning
and air pollution control. The owner shall ensure that the closed MSW landfill does not
violate any applicable requirement of the approved state implementation plan.
(2) Ventilation of the closed MSW landfill and any enclosed structures shall be provided
in accordance with all appropriate commission rules.
(d) Ponded water. The ponding of water over waste in the closed MSW landfill unit,
regardless of its origin, shall be prevented. Ponded water that occurs on a closed MSW
landfill unit shall be eliminated as quickly as possible and the area in which the ponding
occurred shall be filled in and regraded within seven days of the occurrence.
(e) Water pollution control. Surface drainage in and around the structure shall be
controlled to minimize surface water running onto, into, and off the closed MSW landfill.
(f) Groundwater monitoring. Groundwater monitoring may be required by the executive
director and shall be conducted in accordance with the requirements of Subchapter J of
this title (relating to Groundwater Monitoring and Corrective Action).
(g) Conduits. All conduits intended for the transport or carrying of fluids over or within
the closed MSW landfill shall be double-containment (split casings shall not be used). To
the extent possible, all such utilities shall be in fill material placed over the upgraded final
cover.
(h) Recordkeeping requirements.
(1) The owner or lessee shall promptly record and retain in the operating record the
following information:
(A) all results from gas monitoring and any remediation plans pertaining to explosive
and other gases;
(B) all unit design documentation for the placement of gas monitoring systems and
leachate or gas condensate removal or disposal related to the closed MSW landfill unit;
(C) copies of all correspondence and responses relating to the development permit;
(D) all documents relating to the operation and maintenance of the building, facility, or
monitoring systems as they relate to the development permit; and
(E) any other document(s) as specified by the approved development permit or by the
executive director.
(2) The owner, operator, or lessee shall provide written notification to the executive
director, and any local pollution agency with jurisdiction that has requested to be notified,
for each occurrence that documents listed in subsection (h) of this section are placed into
or added to the operating record. All information contained in the operating record shall
be furnished upon request to the executive director and shall be made available at all
reasonable times for inspection by the executive director or his representative.
Rule 330.962 Notice to Real Property Records
a) Owner of property. An owner of property that overlies a closed municipal solid waste
(MSW) landfill shall prepare and file for record in the real property records in the county
where the land is located a written notice stating:
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(1) the former use of the land;
(2) the legal description of the tract of land that contains the closed MSW landfill, and at
the owner's discretion, the portion of the tract of land that contains the closed MSW
landfill;
(3) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and this subchapter; and
(4) the name of the owner.
(b) Local government official. A local government official who receives notice under
§330.953 of this title (relating to Soil Test Required before Development) that a closed
MSW landfill exists on a tract of land shall prepare and file for record in the real property
records in the county where the land is located a written notice stating:
(1) the legal description of the tract of land that contains the closed MSW landfill;
(2) the current owner of the tract;
(3) notice of the tract's former use as an MSW landfill unit; and
(4) notice that restrictions on the development or lease of the land exist in Texas Health
and Safety Code, Chapter 361, Subchapter R and in this subchapter.
Rule 330.963 Notice to Buyers, Lessees, and Occupants
(a) An owner of land that overlies a closed municipal solid waste (MSW) landfill shall
prepare a written notice stating the former use of the facility, the legal description of
property, notice of the restrictions on the development or lease of the land imposed by
this subchapter and Texas Health and Safety Code, Chapter 361, Subchapter R, and the
name of the owner. The owner shall file for record the notice in the real property records
of the county in which the property is located.
(b) An owner of land that overlies a closed MSW landfill shall notify each lessee and
each occupant of a structure that overlies the unit of:
(1) the land's former use as a landfill; and
(2) the structural controls in place to minimize potential future danger posed by the
closed MSW landfill.
Rule 330.964 Lease Restrictions
This section is not intended to require that owners and lessees of property initiate
investigations for closed municipal solid waste (MSW) landfills. A person may not lease
or offer for lease property that overlies a closed MSW landfill unit unless:
(1) existing development on the land is in compliance with this subchapter; or
(2) the person gives notice to the prospective lessee of what is required to bring the
property and any development on the property into compliance with this subchapter and
the prohibitions or requirements for future development imposed by this subchapter and
by any development permit issued for development of the property under this subchapter.
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