Section 4.275 - [Effective 7/1/2025] Minimum Permit Provisions for Monitoring(a) Operational monitoring. (1) The operator shall inspect the pits, tanks, and processing equipment weekly. The operator shall maintain a current log of such inspections and make the log available for review by the Commission upon request.(2) The leak detection system shall be monitored on a weekly basis to determine if the primary liner has failed. The primary liner has failed if the volume of water passing through the primary liner exceeds the action leakage rate, as calculated using accepted procedures, or 1,000 gallons per acre per day, whichever is smaller.(3) The operator of the pit shall keep records to demonstrate compliance with the pit liner integrity requirements and shall make the records available to the Commission upon request.(4) If the primary liner is compromised below the fluid level in the pit, the operator shall remove all fluid above the damage or leak within 48 hours of discovery, notify the District Office, and repair the damage or replace the primary liner with a liner meeting the same levels of protection, at a minimum. The pit shall not be returned to service until the liner has been repaired or replaced and inspected by the District Office.(5) If the pit's primary liner is compromised above the fluid level in the pit, the operator shall repair the damage or initiate replacement of the primary liner, with a liner meeting the same levels of protection, at a minimum, within 48 hours of discovery or seek an extension of time from the District Office.(6) If groundwater monitoring wells are required, no waste shall be received at the facility until all permitted groundwater monitoring wells have been completed, developed, and sampled. The documentation of these activities shall be provided to the Commission within 30 days after installation of groundwater monitoring wells. Groundwater samples will be analyzed for the parameters in Figure 1. Attached Graphic
(7) If an operator has determined the background analyte concentrations in soil and/or groundwater, those site-specific background levels shall be signed and sealed by a professional geoscientist or professional engineer licensed in Texas and, if accepted by the Director, may be included in the permit as appropriate monitoring standards.(b) Recyclable product monitoring.(1) A permit for off-lease commercial recycling fluid issued pursuant to this division shall include monitoring requirements the Director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the Director or the Commission and included in the permit.(2) A permit under this division for use of the treated fluid for any purpose other than re-use as makeup water for hydraulic fracturing fluids to be used in other wells may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.(c) Quarterly reporting. A permit issued under this division shall include provisions for filing quarterly reports documenting the fluid volumes into and out of the system in a form and manner prescribed by the Director.16 Tex. Admin. Code § 4.275
The provisions of this §4.275 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