ST8401-CS 850521TEXAS WATER DEVELOPMENT BOARD
Louis A. Beecherl, Jr., Chairman
George W. McCleskey, Vice Chairman
Glen E. Roney
W. O. Bankston
Lonnie A. "Bo" Pilgrim
Louie Welch
TEXAbli, DEPARTMENT OF WATER RESOUI.~ES
1700 N. Congress Avenue
Austin, Texas
Charles E. Nemir
Executive Director
TEXAS WATER COMMISSION
Lee B. M. Biggart, Chairman
Felix McDonald
John D. Stover
RECE VE.
N1AY 2 1 19B.
TO WHOM IT MAY CONCERN:
NATHAN D. MAIER
CONSULT!NG ENGINEERS
RE: Deed Recordation of Ultimate Disposal Facilities
31 Texas Administrative Code (TAC), Section 335.5 - Deed Recordation, of the
Rules of the Texas Department of Water Resources states:
a) Recording Required. No person may cause, suffer, allow, or permit
the disposal of industrial solid waste prior to recording in the
county deed records of the county or counties in which the disposal
takes place, the following information:
1) A metes and bounds description of the portion or portions of
the tract of land on which disposal of industrial solid waste
will take place;
2) The class or classes of wastes to be disposed of and waste
descriptions; and
3) The name and permanent address of the person or persons operating
the facility where more specific information on the waste can
be secured.
b) Proof of Recordation. Proof of recordation shall be provided to the
Executive Director in writing prior to instituting disposal operations.
c) Additional Requirements. Owners of property on which facilities for
disposal of hazardous waste are located must record in accordance
with State law, a notation on the deed to the facility property, or
on some other instrument which is normally examined during title
search, that will in perpetuity notify any potential purchaser of
the property that the land has been used to managed hazardous waste
and its use is therefore restricted under the Rules of the Texas
Department of Water Resources pertainin§ to industrial solid waste
management.
P. O. Box 13087 Capitol Station ® Austin, Texas 78711 · Area Code 512/475-3187
Page 2
Requirements (a) and (b) are reflected in Part IV.B. of your Notice of
Registration. To aid in the execution of deed recordation, we have developed
an example deed record format (enclosed) which meets requirements (a) and (b)
above. Please note it is required that proof of recordation be provided to
the Executive Director in writing prior to instituting disposal operations.
A copy of the instrument recorded will suffice in compliance of this rule.
Owners of property on which facilities for disposal of hazardous waste are
located may comply with requirement (c) by filing a deed restriction with the
County Clerk indicating that the property has been used to manage hazardous
waste and its use is therefore restricted under the Rules of the Department
which provide that post-closure use of the property must never be allowed to
disturb the integrity of the final cover, liner(s) or any other containment
system component, or the function of the facility's monitoring system.
If you have any questions on the above or attached, please contact the Solid
Waste Section at AC512/475-2041.
Sincerely,
Minor Brooks Hibbs, Head
Waste Disposition Control Unit
Solid Waste Section
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Enclosure