Utah Admin. Code R649-9-6 - Specific Permit, Application and Operation Requirements Applicable to Waste Crude Oil Treatment Facilities

(1) Waste crude oil treatment facilities shall be designed, constructed and operated to meet the following specific requirements in addition to Section R649-9-3, General Permit and Application Requirements for E and P Recycling Facilities.
(a) To promote regulatory consistency, the division will not approve permits for waste crude oil treatment facilities that are located within, or work in conjunction with, a solid or hazardous waste disposal facility that is not regulated by the division. If an operator wants to permit a waste crude oil treatment facility for use with a waste disposal facility they will require a permit from the Utah Department of Environmental Quality, Division of Waste Management and Radiation Control, or the agency designated to regulate such facilities.
(2) Before the construction of a waste crude oil treatment facility, an application shall be submitted to the division describing the ownership, location, type, and capacity of the facility contemplated; the extent and location of the surface area to be disturbed, including any land associated with the facility; and a reclamation plan for the site. Approval of the application must be issued by the division before any ground clearing or construction shall occur.
(3) The applicant shall submit a topographic map and drawing of the site, on a suitable scale, that identifies all geologic cross sections, side slopes, equipment, secondary containment, test borings, roads, fences, gates, wells and springs, drainage patterns, pipelines, surface area to be disturbed, buildings and chemical storage areas within one mile of the site perimeter and location relative to other site facilities. The drawings shall be of professional quality.
(4) Any waste crude oil treatment facility permitted after February 2025 shall be located a minimum of one-half mile from residences or occupied buildings not associated with the facility unless a waiver is signed at the time of application by the owners of the residences and buildings within one-half mile.
(5) Geologic and hydrological requirements for waste crude oil treatment facilities.
(a) The facility may not be located in a geologically or hydrologically unsuitable area, such as aquifer recharge areas, protection zones for public drinking water sources, flood plains, drainage bottoms, and areas on or near faults, within 1,000 feet of a wetland, water-course or lakebed, permeable soil where groundwater is less than 50 feet below the lowest elevation at which the operator will place waste crude oil, or within the area overlying a subsurface mine.
(b) Regional and local geologic information shall include bedrock strike and dip, fracture patterns, slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential, and surface water features that may affect the design and operation of the facility.
(c) Representative analysis of waste crude oil treatment facility surface and subsurface soils submitted to the division shall include Electrical Conductivity, Exchangeable Sodium Percentage, Sodium Adsorption Ratio, or other analysis determined necessary by the division for establishing background soil concentrations.
(d) Geologic cross sections submitted to the division shall include depth to shallow ground water, formation names, and type and name of the shallowest fresh water aquifer beneath the proposed site.
(e) If determined necessary by the division, applicants shall submit ground water analysis of the aquifers beneath the proposed site.
(f) If determined necessary by the division, monitoring wells shall be constructed in a manner that will provide the ability to measure or observe the level, quality, quantity, or movement of subsurface water.
(g) If determined necessary by the division, applicants shall submit potentiometric maps of the shallowest aquifers.
(6) Waste crude oil treatment facility applicants shall submit detailed construction or installation diagrams of tanks.
(a) The facility shall be designed, maintained and operated to separate waste crude oil.
(7) Waste crude oil treatment facility applicants shall submit detailed construction or installation diagrams of unloading facilities.
(8) Engineering and design requirements for waste crude oil treatment facilities and modifications.
(a) The facility shall be designed and sealed by a Utah Licensed Professional Engineer and inspected by a Utah Licensed Professional Engineer as needed to ensure the facility is constructed in accordance with the approved plans.
(i) A construction certification shall be submitted, by the engineer, before the division issuing an operation permit for the facility.
(b) The facility shall be designed, constructed and operated so as to contain liquids and solids in a manner that will protect freshwater, public health and safety, and the environment for the life of the operation.
(i) The facility shall be designed with secondary containment to capture 110% of the largest potential release in the event of a catastrophic failure. Secondary containment shall be bermed and lined to withstand a tank failure.
(9) The facility shall be kept free of any spills and waste materials.
(10) No waste crude oil treatment facility operator shall accept delivery of crude oil obtained from any tank, reserve pit, disposal pond or pit, or similar facility unless the delivery is accompanied by a run ticket, invoice, receipt or similar document showing the origin and quantity of the crude oil.

Notes

Utah Admin. Code R649-9-6
Amended by Utah State Bulletin Number 2025-06, effective 2/26/2025

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