Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 4 - ENVIRONMENTAL PROTECTION
Subchapter B - COMMERCIAL RECYCLING
Division 6 - REQUIREMENTS FOR STATIONARY COMMERCIAL RECYCLING OF FLUID
Section 4.288 - Minimum Permit Provisions for Siting
Universal Citation: 16 TX Admin Code § 4.288
Current through Reg. 50, No. 13; March 28, 2025
(a) A permit for a stationary commercial fluid recycling facility 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) A stationary commercial fluid recycling facility permitted pursuant to this division is prohibited within a 100-year flood plain.
(c) Factors that the Commission will consider in assessing potential risk from a stationary commercial fluid recycling facility 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 (relating to
Definitions), 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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