| (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 and after the effective date of
this division shall not be located 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) 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 (relating to Cleanup
of Soil Contaminated by a Crude Oil Spill), 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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