16 Tex. Admin. Code § 4.152 - [Effective 7/1/2025] Monitoring of Permitted Pits
(a) A
pit permit application shall include a monitoring plan that establishes a
procedure for the permittee to routinely monitor the integrity of the liner of
a pit. The permittee shall comply with this section by implementing one of the
following monitoring methods.
(1) The
permittee shall empty the pit and conduct a visual inspection on an annual
basis. The permittee shall photograph the interior of the pit and otherwise
record each inspection. The permittee shall maintain the photographs and
records from each inspection for the life of the pit and supply these records
to the Commission upon request.
(2)
The permittee shall install a double liner and leak detection system between
the primary and secondary liner. The leak detection system shall be monitored
on a daily or weekly basis as specified in the permit to determine if the
primary liner has failed.
(3) The
permittee may implement an alternative monitoring procedure if the permittee
demonstrates that the alternative monitoring is at least as protective of
surface and subsurface waters as the procedures outlined in paragraphs (1) and
(2) of this subsection and if the alternative monitoring procedure is approved
by the Director.
(b) The
permittee shall monitor all pits for liner failure in accordance with the
monitoring plan approved by the Commission pursuant to subsection (a) of this
section. The permittee shall consider the following when implementing the
monitoring plan.
(1) Failure of the primary
liner in a double liner and leak detection system occurs if:
(A) a volume of fluid is withdrawn from the
leak detection system that is greater than the calculated action leakage rate,
the standard action leakage rate of 1,000 gallons per acre per day (GPAD) for
pits that manage fluid waste, or 100 gallons per acre per day (GPAD) for pits
that manage solid oil and gas wastes;
(B) any failure in the leak detection and
return system or any component of the system occurs; or
(C) any detected damage to or leakage from
the secondary liner occurs.
(2) The failure of a liner system may be
indicated through results of groundwater monitoring.
(3) If liner failure is discovered at any
time, the permittee shall:
(A) notify the
Director and the District Director by phone or email within 24 hours of the
failure;
(B) coordinate subsequent
response actions with the input and approval of the District Director;
and
(C) mitigate the potential for
a release from the pit.
(i) Except as provided
in clause (ii) of this subparagraph, mitigation requires reducing the waste
level to below the elevation of the liner failure and then repairing the liner.
The permittee shall notify the District Director once the repair is complete.
The District Director shall inspect the repair before the permittee may place
the pit back in active operation.
(ii) For disposal pits, waste should not be
removed. The permittee shall take other appropriate steps to prevent release or
pollution. Any steps must be approved by the District Director. The permittee
shall notify the District Director once the mitigation steps and repairs are
complete. The District Director shall inspect the pit before the permittee may
place the pit back in active operation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.