| applicant
shall make application on the prescribed form according to the instructions
on such form. The director may require the applicant to provide the
commission with engineering, geological, or other information which
the director deems necessary to show that issuance of the permit will
not result in the waste of oil, gas, or geothermal resources or the
pollution of surface or subsurface water.
(C) Notice. The applicant shall give notice of the
permit application to the surface owners of the tract upon which the
pit will be located or upon which the disposal will take place. When
the tract upon which the pit will be located or upon which the disposal
will take place lies within the corporate limits of an incorporated
city, town, or village, the applicant shall also give notice to the
city clerk or other appropriate official. Where disposal is to be
by discharge into a watercourse other than the Gulf of Mexico or a
bay, the applicant shall also give notice to the surface owners of
each waterfront tract between the discharge point and 1/2 mile downstream
of the discharge point except for those waterfront tracts within the
corporate limits of an incorporated city, town, or village. When one
or more waterfront tracts within 1/2 mile of the discharge point lie
within the corporate limits of an incorporated city, town, or village,
the applicant shall give notice to the city clerk or other appropriate
official. Notice of the permit application shall consist of a copy
of the application together with a statement that any protest to the
application should be filed with the commission within 15 days of
the date the application is filed with the commission. The applicant
shall mail or deliver the required notice to the surface owners and
the city clerk or other appropriate official on or before the date
the application is mailed or delivered to the commission in Austin.
If, in connection with a particular application, the director determines
that another class of persons, such as offset operators, adjacent
surface owners, or an appropriate river authority, should receive
notice of the application, the director may require the applicant
to mail or deliver notice to members of that class. If the director
determines that, after diligent efforts, the applicant has been unable
to ascertain the name and address of one or more persons required
by this subparagraph to be notified, then the director may authorize
the applicant to notify such persons by publishing notice of the application.
The director shall determine the form of the notice to be published.
The notice shall be published once each week for two consecutive weeks
by the applicant in a newspaper of general circulation in the county
where the pit will be located or the disposal will take place. The
applicant shall file proof of publication with the commission in Austin.
The director will consider the applicant to have made diligent efforts
to ascertain the names and addresses of surface owners required by
this subparagraph to be notified if the applicant has examined the
current county tax rolls and investigated other reliable and readily
available sources of information.
(D) Protests and hearings. If a protest from an affected
person is made to the commission within 15 days of the date the application
is filed, then a hearing shall be held on the application after the
applicant requests a hearing. If the director has reason to believe
that a person entitled to notice of an application has not received
such notice within 15 days of the date an application is filed with
the commission, then the director shall not take action on the application
until reasonable efforts have been made to give such person notice
of the application and an opportunity to file a protest to the application.
If the director determines that a hearing is in the public interest,
a hearing shall be held. A hearing on an application shall be held
after the commission provides notice of hearing to all affected persons,
or other persons or governmental entities who express an interest
in the application in writing. If no protest from an affected person
is received by the commission, the director may administratively approve
the application. If the director denies administrative approval, the
applicant shall have a right to a hearing upon request. After hearing,
the hearings examiner shall recommend a final action by the commission.
(E) Modification, suspension, and termination. A permit
granted pursuant to this subsection, may be modified, suspended, or
terminated by the commission for good cause after notice and opportunity
for hearing. A finding of any of the following facts shall constitute
good cause:
(i) pollution of surface or subsurface water is occurring
or is likely to occur as a result of the permitted operations;
(ii) waste of oil, gas, or geothermal resources is
occurring or is likely to occur as a result of the permitted operations;
(iii) the permittee has violated the terms and conditions
of the permit or commission rules;
(iv) the permittee misrepresented any material fact
during the permit issuance process;
(v) the permittee failed to give the notice required
by the commission during the permit issuance process;
(vi) a material change of conditions has occurred in
the permitted operations, or the information provided in the application
has changed materially.
(F) Emergency permits. If the director determines that
expeditious issuance of the permit will prevent or is likely to prevent
the waste of oil, gas, or geothermal resources or the pollution of
surface or subsurface water, the director may issue an emergency permit.
An application for an emergency permit to use or maintain a pit or
to dispose of oil and gas wastes shall be filed with the commission
in the appropriate district office. Notice of the application is not
required. If warranted by the nature of the emergency, the director
may issue an emergency permit based upon a verbal application, or
the director may verbally authorize an activity before issuing a written
permit authorizing that activity. An emergency permit is valid for
up to 30 days, but may be modified, suspended, or terminated by the
director at any time for good cause without notice and opportunity
for hearing. Except when the provisions of this subparagraph are to
the contrary, the issuance, denial, modification, suspension, or termination
of an emergency permit shall be governed by the provisions of subparagraphs
(A) - (E) of this paragraph.
(G) Minor permits. If the director determines that
an application is for a permit to store only a minor amount of oil
field fluids or to store or dispose of only a minor amount of oil
and gas waste, the director may issue a minor permit provided the
permit does not authorize an activity which results in waste of oil,
gas, or geothermal resources or pollution of surface or subsurface
water. An application for a minor permit shall be filed with the commission
in the appropriate district office. Notice of the application shall
be given as required by the director. The director may determine that
notice of the application is not required. A minor permit is valid
for 60 days, but a minor permit which is issued without notice of
the application may be modified, suspended, or terminated by the director
at any time for good cause without notice and opportunity for hearing.
Except when the provisions of this subparagraph are to the contrary,
the issuance, denial, modification, suspension, or termination of
a minor permit shall be governed by the provisions of subparagraphs
(A) - (E) of this paragraph.
(7) Recycling.
(A) Prohibited recycling. Except for those recycling
methods authorized for certain wastes by subparagraph (B) of this
paragraph, no person may recycle any oil and gas wastes by any method
without obtaining a permit.
(B) Authorized recycling.
(i) No permit is required if treated fluid is recycled
for use as makeup water for a hydraulic fracturing fluid treatment(s),
or as another type of oilfield fluid to be used in the wellbore of
an oil, gas, geothermal, or service well.
(ii) Treated fluid may be reused in any other manner,
other than discharge to waters of the state, without a permit from
the Commission, provided the reuse occurs pursuant to a permit issued
by another state or federal agency.
(iii) If treatment of the fluid results in distilled
water, no permit is required to use the resulting distilled water
in any manner other than discharge to waters of the state.
(iv) Fluid that meets the requirements of clause (i),
(ii), or (iii) of this subparagraph is a recyclable product.
(C) Permitted recycling.
(i) Treated fluid may be reused in any manner, other
than the manner authorized by subparagraph (B) of this paragraph,
pursuant to a permit issued by the director on a case-by-case basis,
taking into account the source of the fluids, the anticipated constituents
of concern, the volume of fluids, the location, and the proposed reuse
of the treated fluids. Fluid that meets the requirements of a permit
issued under this clause is a recyclable product.
Cont'd... |
