16 Tex. Admin. Code § 4.273 - [Effective until 7/1/2025] Minimum Permit Provisions for Design and Construction
(a) A permit
issued pursuant to this division 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 off-lease commercial recycling of fluid 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
off-lease commercial recycling of fluid 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.
Notes
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