Section 4.263 - [Effective 7/1/2025] Minimum Engineering and Geologic Information(a) A permit applicant for off-lease commercial recycling of fluid shall include engineering, geological, or other information necessary to: (1) describe the subsurface geology underlying the facility to a depth of at least 100 feet, including the identification of the soil and subsoil by typical name and description of the approximate proportion of grain sizes, texture, consistency, moisture condition, permeability, and other pertinent characteristics;(2) describe the subsurface hydrogeology underlying the facility to a depth of at least 100 feet, including an assessment of the presence and characteristics of permeable and impermeable strata; and(3) evaluate the geology, hydrogeology, and proposed engineering design to show that issuance of the permit will not result in the waste of oil, gas, or geothermal resources, the pollution of surface or subsurface water, or a threat to the public health or safety.(b) Information for engineering and geological site characterization may be obtained from available information or from a site investigation including installation of soil borings, soil and groundwater sampling, and soil and groundwater analysis. Site-specific investigation information is considered more reliable and, therefore, will have a greater effect on the permit determination.(c) If an operator intends to establish and later rely on actual background concentrations of contaminants in environmental media, then the operator shall collect site-specific soil and groundwater samples for analysis and include these findings with the application.(d) Engineering and geologic work products prepared for the application shall be sealed by a professional engineer or geoscientist licensed in Texas as required by the Texas Occupations Code, Chapters 1001 and 1002, respectively.16 Tex. Admin. Code § 4.263
The provisions of this §4.263 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0096, eff. 7/1/2025