Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 4 - ENVIRONMENTAL PROTECTION
Subchapter B - COMMERCIAL RECYCLING
Division 5 - REQUIREMENTS FOR OFF-LEASE COMMERCIAL RECYCLING OF FLUID
Section 4.264 - Minimum Siting Information
Universal Citation: 16 TX Admin Code § 4.264
Current through Reg. 50, No. 13; March 28, 2025
(a) 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.
(b) A permit application for off-lease commercial recycling of fluid 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.
(c) Factors that the Commission will consider in assessing potential risk from off-lease commercial recycling of fluid 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 off-lease commercial recycling of fluid refer to conditions at the time the equipment and tanks used in the recycling are placed.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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