16 Tex. Admin. Code § 4.120 - [Effective 7/1/2025] General Requirements for All Permitted Operations
(a) A waste management activity or facility
that is not authorized under Division 3 of this subchapter shall require a
permit.
(b) If an activity or
facility requires a permit, then all waste management units associated with the
activity or facility, including pits authorized by sections §
4.113, §
4.114, or §
4.115 of this title (relating to
Authorized Pits, Schedule A Authorized Pits, and Schedule B Authorized Pits)
must be included in the permit. Authorized activities require a permit if
associated with a permitted activity or facility.
(c) The Commission may issue a permit to
manage oil and gas wastes only if the Commission determines that the activity
will not result in the endangerment of human health or the environment, the
waste of oil, gas, or geothermal resources, or pollution of surface or
subsurface water.
(d) This division
establishes the permit requirements applicable to all permitted waste
management operations. Any person engaged in waste management authorized by
permit shall comply with the requirements in this division.
(e) A person applying for or acting under a
Commission permit to manage oil and gas waste may be required to maintain a
performance bond or other form of financial security conditioned that the
permittee will operate and close the management facility in accordance with
state law, Commission rules, and the permit to operate the facility.
(f) In addition to the requirements in this
division, any person engaged in the following waste management operations shall
comply with the requirements of the following, as applicable.
(1) Requirements applicable to commercial
facilities are found in Division 5 of this subchapter (relating to Additional
Requirements for Commercial Facilities).
(2) Requirements applicable to permitted pits
are found in Division 6 of this subchapter (relating to Additional Requirements
for Permitted Pits).
(3)
Requirements applicable to landfarming and landtreating are found in Division 7
of this subchapter (relating to Additional Requirements for Landfarming and
Landtreating).
(4) Requirements for
reclamation operations are found in Division 8 of this subchapter (relating to
Additional Requirements for Reclamation Plants).
(5) Miscellaneous permit requirements
applicable to emergency permits, minor permits, and all other activities not
otherwise authorized or addressed in this subchapter are found in Division 9 of
this subchapter (relating to Miscellaneous Permits).
(6) Requirements applicable to oil and gas
waste characterization, documentation, manifests, and transportation are found
in Division 10 of this subchapter (relating to Requirements for Oil and Gas
Waste Transportation).
(g) With regard to permits issued pursuant to
Divisions 4 through 9 of this subchapter, the Director may impose additional
permit conditions necessary to protect human health and the environment, to
prevent the waste of oil, gas, or geothermal resources, or to prevent pollution
of surface or subsurface water.
Notes
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