(a) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division shall include monitoring requirements the director or Commission determines to be reasonably necessary to ensure that the recyclable product meets the environmental and engineering standards established by the director or the Commission and included in the permit.
(b) Consistent with the requirements of §4.208 of this title (relating to General Standards for Permit Issuance), the director or the Commission shall establish and include in the permit for a stationary commercial solid oil and gas waste recycling facility the parameters for which the partially treated waste is to be tested, and the limitations on those parameters based on:
  (1) the type of oil and gas waste to be accepted at the commercial recycling facility; and
  (2) the intended use for the recyclable product.
(c) A permit for a stationary commercial solid oil and gas waste recycling facility may require laboratory testing. A permit that requires laboratory testing shall require that the permittee use an independent third party laboratory to analyze a minimum standard volume of partially treated waste for parameters established in this division or in a permit issued by the Commission.
(d) A permit for a stationary commercial solid oil and gas waste recycling facility issued pursuant to this division from which the recycled product will be used as road base or other similar uses shall include a requirement that a minimum of one sample from each 200 tons of partially treated waste be collected and analyzed for every 800 ton composite for the following minimum parameters and meet the following limits:
Attached Graphic
(e) Groundwater monitor wells.
  (1) Groundwater monitor wells, if required, must be monitored for the following parameters after installation and quarterly thereafter:
    (A) static water level;
    (B) benzene;
    (C) total petroleum hydrocarbons (TPH);
    (D) total dissolved solids (TDS);
    (E) chlorides;
    (F) bromides;
    (G) sulfates;
    (H) nitrates;
    (I) carbonates;
    (J) calcium;
    (K) magnesium;
    (L) sodium; and
    (M) potassium.
  (2) Copies of the sampling and analytical results shall be filed semi-annually with the Oil and Gas Division and the appropriate district office.

Source Note: The provisions of this §4.259 adopted to be effective April 15, 2013, 38 TexReg 2334