| (4) (Reference Order Number 20-60,214, effective October
1, 1970.) The foregoing provisions of Rule 8(D) shall also be required
and enforced as to all oil, gas, or geothermal resource operations
conducted on the inland and fresh waters of the State of Texas, such
as lakes, rivers, and streams.
(f) Oil and gas waste haulers.
(1) A person who transports oil and gas waste for hire
by any method other than by pipeline shall not haul or dispose of
oil and gas waste off a lease, unit, or other oil or gas property
where it is generated unless such transporter has qualified for and
been issued an oil and gas waste hauler permit by the commission.
Hauling of inert waste, asbestos-containing material regulated under
the Clean Air Act (42 USC §§7401 et seq), polychlorinated
biphenyl (PCB) waste regulated under the Toxic Substances Control
Act (15 USCA §§2601 et seq), or hazardous oil and gas waste
subject to regulation under §3.98 of this title is excluded from
this subsection. This subsection is not applicable to the non-commercial
hauling of oil and gas wastes for non-commercial recycling. For purposes
of this subsection, injection of salt water or other oil and gas waste
into an oil and gas reservoir for purposes of enhanced recovery does
not qualify as recycling.
(A) Application for an oil and gas waste hauler permit
will be made on the commission-prescribed form, and in accordance
with the instructions thereon, and must be accompanied by:
(i) the permit application fee required by §3.78
of this title (relating to Fees and Financial Security Requirements)
(Statewide Rule 78);
(ii) vehicle identification information to support
commission issuance of an approved vehicle list;
(iii) an affidavit from the operator of each commission-permitted
disposal system the hauler intends to use stating that the hauler
has permission to use the system; and
(iv) a certification by the hauler that the vehicles
listed on the application are designed so that they will not leak
during transportation. The certification shall include a statement
that vehicles used to haul non-solid oil and gas waste shall be designed
to transport non-solid oil and gas wastes, and shall be operated and
maintained to prevent the escape of oil and gas waste.
(B) An oil and gas waste hauler permit may be issued
for a term not to exceed one year, subject to renewal by the filing
of an application for permit renewal and the required application
fee for the next permit period. The term of an oil and gas waste hauler
permit will be established in accordance with a schedule prescribed
by the director to allow for the orderly and timely renewal of oil
and gas waste hauler permits on a staggered basis.
(C) Each oil and gas waste hauler shall operate in
strict compliance with the instructions and conditions stated on the
permit which provide:
(i) This permit, unless suspended or revoked for cause
shown, shall remain valid until the expiration date specified in this
permit.
(ii) Each vehicle used by a permittee shall be marked
on both sides and the rear with the permittee's name and permit number
in characters not less than three inches high. (For the purposes of
this permit, "vehicle" means any truck tank, trailer tank, tank car,
vacuum truck, dump truck, garbage truck, or other container in which
oil and gas waste will be hauled by the permittee.)
(iii) Each vehicle must carry a copy of the permit
including those parts of the commission-issued attachments listing
approved vehicles and commission-permitted disposal systems that are
relevant to that vehicle's activities. This permit authority is limited
to those vehicles shown on the commission-issued list of approved
vehicles.
(iv) This permit is issued pursuant to the information
furnished on the application form, and any change in conditions must
be reported to the commission on an amended application form. The
permit authority will be revised as required by the amended application.
(v) This permit authority is limited to hauling, handling,
and disposal of oil and gas waste.
(vi) This permit authorizes the permittee to use commission-permitted
disposal systems for which the permittee has submitted affidavits
from the disposal system operators stating that the permittee has
permission to use the systems. These disposal systems are listed as
an attachment to the permit. This permit also authorizes the permittee
to use a disposal system operated under authority of a minor permit
issued by the commission without submitting an affidavit from the
disposal system operator. In addition, this permit authorizes the
permittee to transport hazardous oil and gas waste to any facility
in accordance with the provisions of §3.98 of this title, provided
the shipment is accompanied by a manifest. Finally, this permit authorizes
the transportation of oil and gas waste to a disposal facility permitted
by another agency or another state provided the commission has granted
separate authorization for the disposal.
(vii) The permittee must file an application for a
renewal permit, using the permittee's assigned permit number, before
the expiration date specified in this permit.
(viii) The permittee must compile and keep current
a list of all persons by whom the permittee is hired to haul and dispose
of oil and gas waste, and furnish such list to the commission upon
request.
(ix) Each vehicle must be operated and maintained in
such a manner as to prevent spillage, leakage, or other escape of
oil and gas waste during transportation. Vehicles used to haul non-solid
oil and gas waste shall be designed to transport non-solid oil and
gas wastes, and shall be operated and maintained to prevent the escape
of oil and gas waste.
(x) Each vehicle must be made available for inspection
upon request by commission personnel.
(2) A record shall be kept by each oil and gas waste
hauler showing daily oil and gas waste hauling operations under the
permitted authority.
(A) Such daily record shall be dated and signed by
the vehicle driver and shall show the following information:
(i) identity of the property from which the oil and
gas waste is hauled;
(ii) identity of the disposal system or commercial
recycling facility to which the oil and gas waste is delivered;
(iii) the type and volume of oil and gas waste received
by the hauler at the property where it was generated; and
(iv) the type and volume of oil and gas waste transported
and delivered by the hauler to the disposal system or commercial recycling
facility.
(B) Such record shall be kept open for the inspection
of the commission or its representatives.
(C) Such record shall be kept on file for a period
of three years from the date of operation and recordation.
(g) Recordkeeping.
(1) Oil and gas waste. When oil and gas waste is hauled
by vehicle from the lease, unit, or other oil or gas property where
it is generated to an off-lease disposal or recycling facility, the
person generating the oil and gas waste shall keep, for a period of
three years from the date of generation, the following records:
(A) identity of the property from which the oil and
gas waste is hauled;
(B) identity of the disposal system or recycling facility
to which the oil and gas waste is delivered;
(C) name and address of the hauler, and permit number
(WHP number) if applicable; and
(D) type and volume of oil and gas waste transported
each day to disposal or recycling.
(2) Retention of run tickets. A person may comply with
the requirements of paragraph (1) of this subsection by retaining
run tickets or other billing information created by the oil and gas
waste hauler, provided the run tickets or other billing information
contain all the information required by paragraph (1) of this subsection.
(3) Examination and reporting. The person keeping any
records required by this subsection shall make the records available
for examination and copying by members and employees of the commission
during reasonable working hours. Upon request of the commission, the
person keeping the records shall file such records with the commission.
(h) Penalties. Violations of this section may subject
a person to penalties and remedies specified in the Texas Natural
Resources Code, Title 3, and any other statutes administered by the
commission. The certificate of compliance for any oil, gas, or geothermal
resource well may be revoked in the manner provided in §3.73
of this title (relating to Pipeline Connection; Cancellation of Certificate
of Compliance; Severance) (Rule 73) or violation of this section.
Cont'd... |
