Current through Reg. 50, No. 1; January 3, 2025
Section 4.289 - [Effective 7/1/2025] Minimum Permit Provisions for Design and Construction(a) A permit issued pursuant to this division for a stationary commercial fluid recycling facility shall contain any requirement that the Director or the Commission determines to be reasonably necessary to ensure that: (1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;(2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by: (A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated storm water runoff, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;(B) requiring that the permittee control spills at the facility; and(C) requiring that the permittee make regular inspections of the facility; and(3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material from the facility.(b) A permit issued for a stationary commercial recycling facility pursuant to this division shall require that the permittee, unless waived by the Technical Permitting Section under § 4.289(d) of this title (relating to Minimum Permit Provisions for Operations): (1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers, if required by the Technical Permitting Section; and(2) if required by the Technical Permitting Section, submit a soil boring log and other information for each well.(c) The soil boring log and other information required in subsection (b) of this section shall: (1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);(2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;(3) include a well completion diagram for each monitoring well;(4) include a survey elevation for each wellhead reference point; and(5) include a potentiometric map showing static water levels and the direction of groundwater flow.(d) The Commission or the Director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.(e) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall require that the permittee notify the Commission District Office for the county in which the facility is located prior to commencement of construction, including construction of any berms, and again upon completion of construction and that the permittee may commence operations under the permit only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.(f) An operator shall not locate material excavated during construction: (1) within 100 feet of a continuously flowing watercourse or significant watercourse; (2) within 200 feet from a lakebed, sinkhole, stock pond or lake (measured from the ordinary high-water mark) or any other watercourse;(3) within 100 feet of a wetland; or(4) within a 100-year floodplain.(g) The following requirements apply to signage, fencing, and security. (1) A sign shall be posted at each entrance to the facility. The sign shall be readily visible and show the operator's name, facility name, and permit number in letters and numerals at least three inches in height.(2) A sign shall be posted identifying the permit number of each pit using letters and numerals at least three inches in height. The signs shall clearly state that the fluid within the pit is not potable or suitable for consumption.(3) The facility shall maintain security to prevent unauthorized access. Security shall be maintained by a 24-hour attendant or a six-foot-high security fence and locked gate when unattended.(h) Any pit associated with a stationary commercial fluid recycling facility permitted pursuant to this division after July 1, 2025, shall comply with the requirements of § 4.282(a) of this title (relating to Minimum Design and Construction Information).16 Tex. Admin. Code § 4.289
The provisions of this §4.289 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