Section 4.161 - [Effective 7/1/2025] Design and Construction Requirements for Landfarming and Landtreating Permits(a) Application for landfarming and landtreating permits.(1) The facility diagram submitted with the permit application shall include: (A) two perpendicular, sectional views of all landfarming cells to be constructed, showing the bottom, sides, and dikes or berms of the cell with dimensions indicated; and(B) the locations and dimensions of all areas where landfarming and landtreating will occur, dikes, well locations, fences, and access roads, taking into consideration the following restrictions: (i) a minimum 50-foot buffer zone shall be maintained between the boundaries of the property and the treatment cells, measured from the toe of the constructed berm to the property boundary; and(ii) a minimum 300-foot buffer zone shall be maintained between the toe of the constructed berms and any drainage features or surface waters.(2) The applicant shall submit information to demonstrate that the area has at least 20 inches of tillable soil that is suitable for the application, treatment, and disposal of oil and gas waste.(3) The applicant shall submit information sufficient for the Director to determine whether the proposed facility will pose a threat of pollution or a threat to public health or safety. The Director will consider the following factors when determining whether the proposed facility presents a threat of pollution or a threat to public health or safety: (A) the volume and characteristics of the oil and gas waste to be managed at the landfarming facility;(B) depth to and quality of the shallowest groundwater;(C) distance to the nearest property line or public road;(D) proximity to coastal natural resources, sensitive areas as defined by §4.110 of this title (relating to Definitions), water supplies, and/or public, domestic, or irrigation water wells; and(E) any other factors reasonably necessary to determine whether issuance of the permit will pose a threat of pollution or a threat to public health or safety.(b) Berm construction. All berms shall be constructed and maintained: (1) to fully enclose each landfarming cell area;(2) to a height of at least 36 inches above land surface with a slope no steeper than a one to three (vertical to horizontal) ratio on each side;(3) so that at least two feet of freeboard plus capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event is available; and(4) as otherwise required by the permit.(c) Reasons for denial. The Director shall deny an application for a landfarming or landtreating permit if the proposed facility location is: (1) within a 100-year flood plain;(2) within 300 feet of surface water bodies;(3) within 300 feet of domestic or irrigation water wells;(4) within 500 feet of public water system wells or intakes;(5) on unsuitable soils for depth or treatment of oil and gas waste;(6) within any other sensitive area as defined by §4.110 of this title;(7) within 500 feet of a public area; or(8) non-compliant with Commission rules and permit conditions, as verified by a facility and records inspection.16 Tex. Admin. Code § 4.161
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0083, eff. 7/1/2025