Section 4.150 - [Effective 7/1/2025] Additional Requirements Applicable to Permitted Pits(a) In addition to the requirements of this division, all permitted pits are required to comply with Division 4 of this subchapter (relating to Requirements for All Permitted Waste Management Operations). Commercial pits are also required to comply with Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities).(b) If at any time a pit no longer meets the requirements for authorized pits under §4.113 of this title (relating to Authorized Pits), the operator of the pit shall apply for a pit permit pursuant to the requirements of this division.(c) No person may use a pit without the express permission of the permittee. A person who uses a pit without the express permission of the permittee may be subject to legal enforcement action regardless of whether the person maintains an active Organization Report pursuant to § 3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements.)(d) Any person using or maintaining a pit without the required permit shall be immediately required to cease usage and close the pit in accordance with §4.154 of this title (relating to Closure of Permitted Pits). Any person using or maintaining a pit without the required permit may be subject to enforcement action regardless of whether the person maintains an active Organization Report pursuant to § 3.1 of this title.(e) Permitted pits are subject to containment requirements to prevent pollution of surface or subsurface water and will be included as permit conditions at the sole discretion of the Commission.(f) In the event of an unauthorized release of oil and gas waste, treated fluid, or other substances from any pit permitted by this subchapter, the operator shall take any measures necessary to stop or control the release and report the release to the District Office within 24 hours.(g) Unless the Director approves a written request for an exception, no pit shall be located:(1) on a barrier island or a beach;(2) within 300 feet of surface water, including wetlands;(3) within 500 feet of any public water system well or intake;(4) within 300 feet of any domestic water well or irrigation water well, other than a well that supplies water for drilling or workover operations for which the pit is authorized;(5) within a 100-year flood plain; or(6) within 500 feet of a public area.(h) A minimum 50-foot buffer zone shall be maintained between the boundaries of the property and the outer edge or toe of the pit walls or berms.16 Tex. Admin. Code § 4.150
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0082, eff. 7/1/2025