16 Tex. Admin. Code § 4.150 - [Effective 7/1/2025] Additional Requirements Applicable to Permitted Pits
(a) In addition to the requirements of this
division, all permitted pits are required to comply with Division 4 of this
subchapter (relating to Requirements for All Permitted Waste Management
Operations). Commercial pits are also required to comply with Division 5 of
this subchapter (relating to Additional Requirements for Commercial
Facilities).
(b) If at any time a
pit no longer meets the requirements for authorized pits under §
4.113 of this title (relating to
Authorized Pits), the operator of the pit shall apply for a pit permit pursuant
to the requirements of this division.
(c) No person may use a pit without the
express permission of the permittee. A person who uses a pit without the
express permission of the permittee may be subject to legal enforcement action
regardless of whether the person maintains an active Organization Report
pursuant to §
3.1 of this title (relating to
Organization Report; Retention of Records; Notice Requirements.)
(d) Any person using or maintaining a pit
without the required permit shall be immediately required to cease usage and
close the pit in accordance with §
4.154 of this title (relating to
Closure of Permitted Pits). Any person using or maintaining a pit without the
required permit may be subject to enforcement action regardless of whether the
person maintains an active Organization Report pursuant to §
3.1 of this title.
(e) Permitted pits are subject to containment
requirements to prevent pollution of surface or subsurface water and will be
included as permit conditions at the sole discretion of the
Commission.
(f) In the event of an
unauthorized release of oil and gas waste, treated fluid, or other substances
from any pit permitted by this subchapter, the operator shall take any measures
necessary to stop or control the release and report the release to the District
Office within 24 hours.
(g) Unless
the Director approves a written request for an exception, no pit shall be
located:
(1) on a barrier island or a
beach;
(2) within 300 feet of
surface water, including wetlands;
(3) within 500 feet of any public water
system well or intake;
(4) within
300 feet of any domestic water well or irrigation water well, other than a well
that supplies water for drilling or workover operations for which the pit is
authorized;
(5) within a 100-year
flood plain; or
(6) within 500 feet
of a public area.
(h) A
minimum 50-foot buffer zone shall be maintained between the boundaries of the
property and the outer edge or toe of the pit walls or berms.
Notes
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