(a) Location. The owner or operator shall ensure that the facility is located so that a failure of the facility or unauthorized discharge from the facility does not result in an adverse effect on water in the state.
  (1) A brine evaporation pit may not be located in the 100-year flood plain, unless protected from inundation and damage that may occur during that flood event in accordance with subsection (b)(4)(A) of this section.
  (2) The facility may not be located within:
    (A) 500 feet of a public water well as provided by §290.41(c)(1)(B) of this title (relating to Water Sources); nor
    (B) 250 feet of a private water well.
(b) Design and Construction. The owner or operator of a brine evaporation pit shall ensure the facility is designed and constructed to prevent an unauthorized discharge into or adjacent to water in the state. An owner or operator shall not place or allow the placement of groundwater into a brine evaporation pit if the facility does not comply with the provisions of this subsection.
  (1) Brine Evaporation Pit Liner. The owner or operator shall ensure the brine evaporation pit is lined with a composite liner system in accordance with §330.331(e)(1) of this title (relating to Design Criteria) that meets at least the following minimum requirements.
    (A) The upper component must consist of a geomembrane liner at least 30 mil thick, and must be at least 60 mil thick if constructed of high density polyethylene.
    (B) The geomembrane liner component must be installed in direct and uniform contact with the compacted soil component.
    (C) The lower component must consist of at least a three-foot layer of re-compacted soil with a hydraulic conductivity of no more than 1 x 10-7 centimeters per second (cm/sec).
    (D) The composite liner system shall be designed by a licensed engineer.
    (E) The owner or operator shall furnish certification, signed, sealed, and dated by a licensed engineer that the completed liner meets the evaporation pit liner criteria described in this paragraph. Certification shall be submitted to the executive director at least 30 days prior to use.
  (2) Alternative liner. The owner or operator may apply for approval of an alternative brine evaporation pit liner. An alternative liner design may be authorized by the executive director if the owner or operator demonstrates the proposed alternate liner achieves an equivalent protective hydraulic conductivity which meets or exceeds the composite liner criteria. At the discretion of the executive director, a field demonstration may be required to prove the practicality and performance capabilities of an alternative liner design.
  (3) Storm Water Retention Ponds.
    (A) Storm water retention pond liners must consist of at least a three-foot layer of re-compacted soil with a hydraulic conductivity of no more than 1 x 10-7 cm/sec.
    (B) Storm water retention ponds must be capable of containing the volume of storm water runoff from brine product handling areas generated from a 24-hour, 25-year storm.
    (C) The owner or operator shall furnish certification, signed, sealed, and dated by a licensed engineer that the completed storm water retention pond liner meets the criteria described in this paragraph. Certification shall be submitted to the executive director at least 30 days prior to use.
  (4) Storm Water Controls. Storm water control structures must be properly constructed and maintained to prevent storm water from entering the brine evaporation pit.
    (A) A facility located in the 100-year flood plain must be equipped with storm water diversion structures at a minimum height equal to two feet above the 100-year flood water elevation around the evaporation pit.
    (B) A facility located above the 100-year flood plain shall be equipped with storm water diversion structures that are, at a minimum, capable of diverting all rainfall from a 24-hour, 25-year storm.
(c) Operations and Maintenance.
  (1) The owner or operator shall at all times ensure that the facility is properly operated and maintained. This includes, but is not limited to, the regular, periodic examination of the brine evaporation pit liner, and storm water control and retention structures in order to prevent an unauthorized discharge.
  (2) Storm water that comes into contact with any brine product storage pile must be collected in a retention pond and recycled to the evaporation pit.
  (3) Loading and unloading of brine product must be conducted within an area which is adequately curbed and sloped to allow for containment of storm water runoff.
  (4) Storm water runoff from brine product loading and unloading areas must be collected in a lined retention pond and recycled to the evaporation pit.
  (5) The owner or operator shall have a licensed engineer review the documentation and evaluate the site at least once every five years or following a permit amendment resulting from a substantial change to the facility or operation.
  (6) The brine evaporation pit must maintain a two-foot freeboard at all times.
  (7) Operations and maintenance records must be retained at the facility site for a period of five years and be readily available for review by representatives of the executive director.

Source Note: The provisions of this §218.20 adopted to be effective October 16, 2008, 33 TexReg 8530