16 Tex. Admin. Code § 4.276 - [Effective 7/1/2025] Minimum Permit Provisions for Closure

(a) Notifications.

(1) The operator shall notify the Commission within 60 days after the cessation of operations.

(2) The operator shall notify the Commission 45 days before the commencement of closure activities.

(b) Time requirements for closure.

(1) Once the operations have ceased, the operator shall complete closure of the facility within one year.

(2) The Commission may grant an extension to close the facility not to exceed one additional year, provided all fluid has been removed and the operator attests to its plans for future operation.

(3) If the operator intends to use the pit for a purpose other than recycling, then the operator shall have that use approved or permitted by the Commission in accordance with the appropriate rules.

(c) Fluid and waste removal.

(1) The operator shall remove all fluids from the treatment equipment and tanks within 60 days of the date the operations cease. The contents of all tanks, vessels, or other containers shall be disposed of in an authorized manner. All equipment shall be removed and salvaged, if possible, or disposed of in an authorized manner.

(2) The operator shall remove all fluids from pits within six months of the date operations cease.

(3) All wastes, including the pit liners, shall be removed and disposed of in an authorized manner.

(4) Any concrete areas and access roads shall be cleaned and demolished, and the concrete rubble and wash water shall be disposed of in an authorized manner.

(5) All visibly contaminated soils shall be excavated and removed. The contaminated soil shall be disposed of in an authorized manner.

(d) Confirmation sampling and analysis.

(1) After the removal of wastes and visibly contaminated soils, grab samples shall be collected from around and underneath each pit, processing area, and waste storage, and the samples shall be analyzed for the parameters listed in Figure 1. The Commission may require samples from areas underneath concrete.

Attached Graphic

(2) The minimum number of grab samples required is as follows:

(A) for pits, five samples per acre of surface area, with a minimum of four samples; and

(B) for areas containing treatment equipment and storage tanks, five samples per acre of surface area.

(3) Any soil sample that exceeds the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit is considered waste and shall be disposed of at an authorized disposal facility.

(4) If any soil samples exceed the parameter limitations specified in Figure 1 in this subsection or in site-specific limitations established in the permit, the operator shall prepare and submit a plan for confirmation, delineation, and remediation, if necessary.

(e) The facility shall be restored to a safe and stable condition that blends with the surrounding land. Topsoil and subsoils shall be replaced and contoured so as to achieve erosion control, long-term stability, and preservation of surface water flow patterns at locations where any surface water entered or exited the property boundary prior to waste management or recycling activities at the facility. Final surface grading of the pits and the storage tank battery areas shall be accomplished in such a manner that water will not collect at these former locations. The site shall be re-vegetated as appropriate for the geographic region and include a planned water source to establish the re-vegetated areas.

(f) Within 60 days of closure completion, the operator shall submit a closure report, including required attachments, to document all closure activities including sampling results and the details on any backfilling, capping, or covering, where applicable. The closure report shall certify that all information in the report and attachments is correct, and that the operator has complied with all applicable closure requirements and conditions specified in Commission rules or directives.

(g) The operator shall notify the Commission when closure and re-vegetation are complete. The Commission shall not release financial security to the operator until all post-closure activities are approved by the Commission.

(h) The Commission will inspect the site and verify compliance with closure requirements.

Notes

16 Tex. Admin. Code § 4.276

The provisions of this §4.276 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0096, eff. 7/1/2025