Section 4.152 - [Effective 7/1/2025] Monitoring of Permitted Pits(a) A pit permit application shall include a monitoring plan that establishes a procedure for the permittee to routinely monitor the integrity of the liner of a pit. The permittee shall comply with this section by implementing one of the following monitoring methods. (1) The permittee shall empty the pit and conduct a visual inspection on an annual basis. The permittee shall photograph the interior of the pit and otherwise record each inspection. The permittee shall maintain the photographs and records from each inspection for the life of the pit and supply these records to the Commission upon request.(2) The permittee shall install a double liner and leak detection system between the primary and secondary liner. The leak detection system shall be monitored on a daily or weekly basis as specified in the permit to determine if the primary liner has failed.(3) The permittee may implement an alternative monitoring procedure if the permittee demonstrates that the alternative monitoring is at least as protective of surface and subsurface waters as the procedures outlined in paragraphs (1) and (2) of this subsection and if the alternative monitoring procedure is approved by the Director.(b) The permittee shall monitor all pits for liner failure in accordance with the monitoring plan approved by the Commission pursuant to subsection (a) of this section. The permittee shall consider the following when implementing the monitoring plan.(1) Failure of the primary liner in a double liner and leak detection system occurs if: (A) a volume of fluid is withdrawn from the leak detection system that is greater than the calculated action leakage rate, the standard action leakage rate of 1,000 gallons per acre per day (GPAD) for pits that manage fluid waste, or 100 gallons per acre per day (GPAD) for pits that manage solid oil and gas wastes;(B) any failure in the leak detection and return system or any component of the system occurs; or(C) any detected damage to or leakage from the secondary liner occurs.(2) The failure of a liner system may be indicated through results of groundwater monitoring.(3) If liner failure is discovered at any time, the permittee shall:(A) notify the Director and the District Director by phone or email within 24 hours of the failure;(B) coordinate subsequent response actions with the input and approval of the District Director; and(C) mitigate the potential for a release from the pit.(i) Except as provided in clause (ii) of this subparagraph, mitigation requires reducing the waste level to below the elevation of the liner failure and then repairing the liner. The permittee shall notify the District Director once the repair is complete. The District Director shall inspect the repair before the permittee may place the pit back in active operation.(ii) For disposal pits, waste should not be removed. The permittee shall take other appropriate steps to prevent release or pollution. Any steps must be approved by the District Director. The permittee shall notify the District Director once the mitigation steps and repairs are complete. The District Director shall inspect the pit before the permittee may place the pit back in active operation.16 Tex. Admin. Code § 4.152
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0082, eff. 7/1/2025