Section 4.285 - [Effective 7/1/2025] Minimum Closure Information(a) A permit application for a stationary commercial fluid recycling facility shall include a closure cost estimate (CCE) sealed by a professional engineer licensed in Texas. (1) The CCE shall show all assumptions and calculations used to develop the estimate. The following assumptions are required: (A) The facility is in compliance with permit conditions.(B) The facility will be closed according to the permit or approved closure plan, under which collecting pits shall be dewatered, emptied and demolished prior to backfilling; all remaining waste will be disposed of at an authorized facility; and the facility will be restored to its native state unless otherwise authorized by the permit.(C) None of the operator's equipment or facilities that may have otherwise been available at the time of closure (e.g., disposal wells, land treatment facilities, trucks, bulldozers, and employees) are available to assist in the closure.(D) The facility is at maximum capacity. All tanks and pits are full of waste.(E) Storage tanks and pits contain basic sediment and water in normal operating proportions, with a minimum volume of at least 10% basic sediment.(2) The CCE shall not assess a salvage value for any material or equipment at the facility.(3) The CCE shall include costs for sampling and analysis of soil for the areas around each waste management unit, including tank batteries, pads, and all former pits unless closure of an individual pit was previously approved by the Technical Permitting Section.(4) The CCE shall show unit costs for all material, equipment, services, and labor needed to close the facility. Units and fees used shall be appropriate for the type of waste material to be disposed. For example, disposal units for saltwater shall be reported in oil barrels rather than gallons. The CCE shall be specific and shall state the source or basis for the specific unit cost, including the following: (A) the permitted waste hauler to be used and the hauler's mileage rate;(B) the distance that waste will be transported for disposal;(C) the name of each facility where waste will be taken and the disposal costs for that facility;(D) the source of any material being brought to the facility, such as clean fill material;(E) calculations for earth-moving equipment time and cost needed to move the fill dirt if fill dirt will be taken from the property;(F) the total labor costs, including the titles and billing rates for personnel; and(G) the quantity of each unit cost item and how the total quantity was determined (for example, cubic yards of material divided by size of load equals total number of loads).(5) The CCE shall include maps and illustrations such as facility plans and photographs that show the current condition of the facility, and/or the condition of the facility upon reaching maximum permit conditions.(6) For facilities with groundwater monitoring wells, the CCE shall include costs to plug and abandon the monitoring wells.(7) For facilities that will require post-closure monitoring, the CCE shall include costs for a minimum of five years of monitoring.(8) The CCE shall show all calculations used to arrive at total maximum closure costs.(9) For all estimates submitted for existing facilities, a NORM screening survey of the facility shall be submitted. NORM screening surveys shall be performed using a properly calibrated scintillation meter with a sodium iodide detector (or equivalent), with the results reported in microroentgens per hour. Manufacturer's specifications and relevant calibration records shall be submitted to the Technical Permitting Section for all devices used for NORM detection. All equipment, including piping, pumps, and vessels shall be surveyed. Readings shall be taken around the perimeter of all pits and to the extent possible, over the pits. The ground surrounding the equipment and pits shall be surveyed in a systematic grid pattern. At a minimum, the following information shall be reported: (A) the date of the survey;(B) the instrument used and the last calibration date;(C) a background reading;(D) a site diagram showing where all readings, including the background, were taken; and (E) the readings (in microroentgens per hour).(10) If fill dirt will be excavated from the property to achieve closure, a restrictive covenant shall be submitted with the CCE. If the restrictive covenant requirements are not provided, the CCE shall assume that fill dirt is purchased from a commercial supplier. For a restrictive covenant, the following requirements shall be met whether the operator owns or leases the property: (A) The operator shall provide a letter from the property owner specifically stating that the owner agrees that the material, which is described with specificity as to location, type and amount consistent with what is in the closure plan, will be available for closure whether the operator or the state performs closure, and agreeing to a restrictive covenant that reserves use of the material for closure.(B) The operator shall submit an unsigned draft restrictive covenant on a Commission prescribed form. Once the Commission approves the closure cost and closure plan, the operator will be notified to submit a signed original of the restrictive covenant. The Commission will sign its portion of the restrictive covenant and return it to the operator for filing in the real property records of the county where the property is located. Once filed in the real property records, the operator shall provide the Commission with a certified copy.(C) If the facility operator leases the property, the operator shall provide to the Commission a copy of an amendment or addendum to the lease between the operator and the surface owner with a clause that specifically reserves use of material and states that the reservation shall inure to the Commission (as third party beneficiary of this provision) if the Commission must initiate actions to close the facility.(D) The operator shall submit supporting documentation showing that the dimensions of the restrictive covenant area can realistically store a stockpile in the amount needed. If soil will be excavated from the restrictive covenant area rather than stockpiled, the supporting documentation shall show the depth of the excavation is limited to what can be graded to prevent storm water from ponding in the excavated area.(11) After the CCE has been calculated, an additional 10% of that amount shall be added to the total amount of the CCE to cover contingencies.(b) A permit application for a stationary commercial fluid recycling facility shall include a detailed plan for closure of the facility when operations terminate and include the required elements of § 4.292 of this title (relating to Minimum Permit Provisions for Closure). The closure plan shall address how the applicant intends to:(1) remove waste, partially treated waste, and/or recyclable product from the facility;(2) close all pits, treatment equipment, and associated piping and other storage or waste processing equipment;(3) remove berms and equipment;(4) contour and reseed disturbed areas with geographically appropriate vegetation including the source of water intended to establish the reseeded areas of the facility;(5) sample and analyze soil and groundwater throughout the facility; and(6) plug groundwater monitoring wells.16 Tex. Admin. Code § 4.285
The provisions of this §4.285 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0098, eff. 7/1/2025