(a) A permit for on-lease commercial solid oil and gas waste recycling may be issued only if the director or the Commission determines that the operations will pose no unreasonable risk of pollution or threat to public health or safety.
(b) On-lease commercial solid oil and gas waste recycling permitted pursuant to this division and after the effective date of this division shall not be located:
  (1) within a 100-year flood plain, in a streambed, or in a sensitive area as defined by §3.91 of this title (relating to Cleanup of Soil Contaminated by a Crude Oil Spill); or
  (2) within 150 feet of surface water or public, domestic, or irrigation water wells.
(c) Factors that the Commission will consider in assessing potential risk from on-lease commercial solid oil and gas waste recycling 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) proximity to coastal natural resources, sensitive areas as defined by §3.91 of this title; and
  (3) 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 for on-lease commercial solid oil and gas waste recycling refer to conditions at the time the equipment and tanks used in the recycling are placed.

Source Note: The provisions of this §4.219 adopted to be effective April 15, 2013, 38 TexReg 2334