| (a) A permit issued pursuant to this division shall
contain any requirement that the director or the Commission determines
to be reasonably necessary to ensure that:
(1) the design and construction of storage areas, containment
dikes, and processing areas minimize contact of oil and gas waste
and partially recycled waste with the ground surface, and prevent
pollution of surface and subsurface water;
(2) the pollution of surface and subsurface water from
spills, leachate, and/or discharges from the facility is prevented
by:
(A) prohibiting the unauthorized discharge of oil and
gas waste and other substances or materials, including contaminated
storm water runoff, from the facility to the land surface at and adjacent
to the facility or to surface and subsurface water;
(B) requiring that the permittee control spills at
the facility; and
(C) requiring that the permittee make regular inspections
of the facility; and
(3) the design and construction of the facility allows
for monitoring for, and detection of, any migration of oil and gas
waste or other substance or material from the facility.
(b) A permit issued for off-lease commercial recycling
of fluid pursuant to this division shall require that the permittee:
(1) install monitoring wells in accordance with 16
Texas Administrative Code, Part 4, Chapter 76, relating to Water Well
Drillers and Water Well Pump Installers; and
(2) submit to the Commission's office in Austin a soil
boring log and other information for each well.
(c) The soil boring log and other information required
in subsection (b) of this section shall:
(1) describe the soils using the Unified Soils Classification
System (equivalent to ASTM D 2487 and 2488);
(2) identify the method of drilling, total depth, and
the top of the first encountered water or saturated soils;
(3) include a well completion diagram for each monitoring
well;
(4) include a survey elevation for each wellhead reference
point; and
(5) include a potentiometric map showing static water
levels and the direction of groundwater flow.
(d) The Commission or the director may waive any or
all of the requirements in subsections (b) and (c) of this section
if the permittee demonstrates that an on-site boring to a minimum
depth of 100 feet recovers no water during a 24-hour test.
(e) A permit for off-lease commercial recycling of
fluid issued pursuant to this division shall require that the permittee
notify the Commission district office for the county in which the
facility is located prior to commencement of construction, including
construction of any dikes, and again upon completion of construction
and that the permittee may commence operations under the permit only
after the facility has been inspected by the Commission to ensure
that construction of all elements of the facility is consistent with
the representations in the application and the requirements of the
permit.
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