(a) A permit issued pursuant to this division for on-lease commercial solid oil and gas waste recycling shall contain any requirement that the director or the Commission determines to be reasonably necessary to ensure that:
  (1) the design and construction of storage areas, containment dikes, and processing areas minimize contact of oil and gas waste and partially recycled waste with the ground surface, and prevent pollution of surface and subsurface water;
  (2) the pollution of surface and subsurface water from spills, leachate, and/or discharges from the facility is prevented by:
    (A) prohibiting the unauthorized discharge of oil and gas waste and other substances or materials, including contaminated storm water runoff, to the land surface at and adjacent to the facility or to surface and subsurface water;
    (B) requiring that the permittee control and remediate spills; and
    (C) requiring that the permittee make regular inspections of the facility; and
  (3) the design and construction of the facility allows for monitoring for, and detection of, any migration of oil and gas waste or other substance or material.
(b) All storage cells at the site shall be:
  (1) located above the top of the seasonal high water table;
  (2) designed to prevent stormwater runoff from entering the area; and
  (3) surrounded by berms with a minimum width at base of three times the height and the berms constructed such that the height, slope, and construction material are structurally sound and do not allow seepage.
(c) A permit for on-lease commercial solid oil and gas waste recycling issued pursuant to this division shall require that the permittee notify the appropriate Commission district office prior to commencement of construction, including construction of any dikes, and again upon completion of construction, and that the permittee may commence operations under the permit 72 hours after notice to the appropriate district office.

Source Note: The provisions of this §4.220 adopted to be effective April 15, 2013, 38 TexReg 2334