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 4.272 - Minimum Permit Provisions for Siting
Universal Citation: 16 TX Admin Code § 4.272
Current through Reg. 50, No. 13; March 28, 2025
(a) A permit for off-lease commercial recycling of fluid may be issued only if the Director or the Commission determines that the facility is to be located in an area where there is no unreasonable risk of pollution or threat to public health or safety.
(b) Off-lease commercial recycling of fluid permitted pursuant to this division is prohibited:
(1) within a 100-year flood plain, in a
streambed, or in a sensitive area as defined by §
4.110 of this title (relating to
Definitions); or
(2) within 300
feet of surface water or public, domestic, or irrigation water
wells.
(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) distance to any
surface water body, wet or dry;
(3)
depth to and quality of the shallowest groundwater;
(4) distance to the nearest property line or
public road;
(5) proximity to
coastal natural resources, sensitive areas as defined by §
4.110 of this title, or water
supplies, and/or public, domestic, or irrigation water wells; and
(6) 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 refer to conditions at the time the facility is constructed.
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