| (a) A permit for on-lease commercial solid oil and
gas waste recycling may be issued only if the director or the Commission
determines that the operations will pose no unreasonable risk of pollution
or threat to public health or safety.
(b) On-lease commercial solid oil and gas waste recycling
permitted pursuant to this division and after the effective date of
this division shall not be located:
(1) within a 100-year flood plain, in a streambed,
or in a sensitive area as defined by §3.91 of this title (relating
to Cleanup of Soil Contaminated by a Crude Oil Spill); or
(2) within 150 feet of surface water or public, domestic,
or irrigation water wells.
(c) Factors that the Commission will consider in assessing
potential risk from on-lease commercial solid oil and gas waste recycling
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, sensitive
areas as defined by §3.91 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 on-lease
commercial solid oil and gas waste recycling refer to conditions at
the time the equipment and tanks used in the recycling are placed.
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