16 Tex. Admin. Code § 4.241 - [Effective until 7/1/2025] Minimum Permit Provisions for Design and Construction
(a) A permit
issued pursuant to this division for an off-lease centralized commercial solid
oil and gas waste recycling facility shall contain any requirement that the
director or the Commission determines to be reasonably necessary to ensure
that:
(1) the design and construction of
storage areas, containment dikes, and processing areas minimize contact of oil
and gas waste and partially recycled waste with the ground surface, and prevent
pollution of surface and subsurface water;
(2) the pollution of surface and subsurface
water from spills, leachate, and/or discharges from the facility is prevented
by:
(A) prohibiting the unauthorized
discharge of oil and gas waste and other substances or materials, including
contaminated storm water runoff, from the facility to the land surface at and
adjacent to the facility or to surface and subsurface water;
(B) requiring that the permittee control
spills at the facility; and
(C)
requiring that the permittee make regular inspections of the facility;
and
(3) the design and
construction of the facility allows for monitoring for, and detection of, any
migration of oil and gas waste or other substance or material from the
facility.
(b) A permit
issued for a stationary commercial recycling facility pursuant to this division
shall require that the permittee:
(1) install
monitoring wells in accordance with 16 Texas Administrative Code, Part 4,
Chapter 76, relating to Water Well Drillers and Water Well Pump Installers;
and
(2) submit to the Commission's
office in Austin a soil boring log and other information for each
well.
(c) The soil
boring log and other information required in subsection (b) of this section
shall:
(1) describe the soils using the
Unified Soils Classification System (equivalent to ASTM D 2487 and
2488);
(2) identify the method of
drilling, total depth, and the top of the first encountered water or saturated
soils;
(3) include a well
completion diagram for each monitoring well;
(4) include a survey elevation for each
wellhead reference point; and
(5)
include a potentiometric map showing static water levels and the direction of
groundwater flow.
(d)
The Commission or the director may waive any or all of the requirements in
subsections (b) and (c) of this section if the permittee demonstrates that an
on-site boring to a minimum depth of 100 feet recovers no water during a
24-hour test.
(e) A permit for an
off-lease centralized commercial solid oil and gas waste recycling facility
issued pursuant to this division shall require that the permittee notify the
Commission district office for the county in which the facility is located
prior to commencement of construction, including construction of any dikes, and
again upon completion of construction and that the permittee may commence
operations under the permit only after the facility has been inspected by the
Commission to ensure that construction of all elements of the facility is
consistent with the representations in the application and the requirements of
the permit.
(f) A permit for an
off-lease centralized commercial solid oil and gas waste recycling facility
issued pursuant to this division that requires the installation of monitoring
wells shall require that the permittee comply with subsections (b) and (c) of
this section prior to commencing recycling operations.
Notes
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No prior version found.