(a) A permit issued pursuant to this division for a stationary commercial fluid recycling facility 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, from the facility to the land surface at and adjacent to the facility or to surface and subsurface water;
    (B) requiring that the permittee control spills at the facility; 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 from the facility.
(b) A permit issued for a stationary commercial recycling facility pursuant to this division shall require that the permittee:
  (1) install monitoring wells in accordance with 16 Texas Administrative Code, Part 4, Chapter 76, relating to Water Well Drillers and Water Well Pump Installers; and
  (2) submit to the Commission's office in Austin a soil boring log and other information for each well.
(c) The soil boring log and other information required in subsection (b) of this section shall:
  (1) describe the soils using the Unified Soils Classification System (equivalent to ASTM D 2487 and 2488);
  (2) identify the method of drilling, total depth, and the top of the first encountered water or saturated soils;
  (3) include a well completion diagram for each monitoring well;
  (4) include a survey elevation for each wellhead reference point; and
  (5) include a potentiometric map showing static water levels and the direction of groundwater flow.
(d) The Commission or the director may waive any or all of the requirements in subsections (b) and (c) of this section if the permittee demonstrates that an on-site boring to a minimum depth of 100 feet recovers no water during a 24-hour test.
(e) A permit for a stationary commercial fluid recycling facility issued pursuant to this division shall require that the permittee notify the Commission district office for the county in which the facility is located 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 only after the facility has been inspected by the Commission to ensure that construction of all elements of the facility is consistent with the representations in the application and the requirements of the permit.

Source Note: The provisions of this §4.289 adopted to be effective April 15, 2013, 38 TexReg 2334