| (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 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 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) surface water;
(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 §3.91 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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