SECTION 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 a single-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 a single-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.

Source Note: The provisions of this §330.952 adopted to be effective May 17, 1995, 20 TexReg 3241; amended to be effective March 27, 2006, 31 TexReg 2502