Section 4.248 - [Effective 7/1/2025] Minimum Siting Information(a) A permit application for a stationary commercial solid oil and gas waste recycling facility shall include:(1) a description of the proposed facility site and surrounding area;(2) the name, physical address and, if different, mailing address, and telephone number of every owner of the tract on which the facility is to be located. If any owner is not an individual, the applicant shall include the name of a contact person for that owner;(3) the depth to the shallowest subsurface water and the direction of groundwater flow at the proposed site, and the source of this information;(4) the average annual precipitation and evaporation at the proposed site and the source of this information;(5) the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics, and the source of this information;(6) a copy of a county highway map with a scale and north arrow showing the location of the proposed facility; and(7) a United States Geological Survey (USGS) topographic map or an equivalent topographic map which shows the facility including the items listed in subparagraphs (A) - (K) of this paragraph and any other pertinent information regarding the regulated facility and associated activities. Maps shall be on a scale of not less than one inch equals 2,000 feet. The map shall show the following: (A) a scale and north arrow showing the tract size in square feet or acres, the section/survey lines, and the survey name and abstract number;(B) a clear outline of the proposed facility's boundaries;(C) the location of any pipelines within 500 feet of the facility;(D) the distance from the facility's outermost perimeter boundary to public and private water wells, residences, schools, churches, and hospitals that are within 500 feet of the boundary;(E) for disposal only, the location of all residential and commercial buildings within a one-mile radius of the facility boundary;(F) all water wells within a one-mile radius of the facility boundary;(G) the location of the 100-year flood plain and the source of the flood plain information;(H) surface water bodies within the map area;(I) the location of any major and minor aquifers within the map area;(J) the boundaries of any prohibited areas defined under §4.153 of this title (relating to Commercial Disposal Pits); and(K) any other information requested by the Director reasonably related to the prevention of pollution.(b) A pit permitted under this division is prohibited:(1) where there has been observable groundwater within 100 feet of the ground surface unless the pit design includes a geosynthetic clay liner (GCL) tested using fluids likely to be encountered in the operations of the facility and the test results demonstrated the GCL can sustain a hydraulic conductivity of 1.0 x 10-7cm/sec or less;(2) within a sensitive area as defined by §4.110 of this title (relating to Definitions);(3) within 300 feet of surface water, domestic supply wells, or irrigation water wells;(4) within 500 feet of any public water system wells or intakes;(5) within 1,000 feet of a permanent residence, school, hospital, institution, or church in existence at the time of the initial permitting;(6) within 500 feet of a wetland; or(7) within a 100-year floodplain.(c) Factors that the Commission will consider in assessing potential risk from stationary commercial solid oil and gas waste recycling include: (1) the volume and characteristics of the oil and gas waste, partially treated waste and recyclable product to be stored, handled, treated and recycled at the facility;(2) proximity to coastal natural resources or sensitive areas as defined by §4.110 of this title; and(3) any other factors the Commission deems reasonably necessary in determining whether or not issuance of the permit will pose an unreasonable risk.(d) All siting requirements in this section for stationary commercial solid oil and gas waste recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.16 Tex. Admin. Code § 4.248
The provisions of this §4.248 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0093, eff. 7/1/2025