Section 4.120 - [Effective 7/1/2025] General Requirements for All Permitted Operations(a) A waste management activity or facility that is not authorized under Division 3 of this subchapter shall require a permit.(b) If an activity or facility requires a permit, then all waste management units associated with the activity or facility, including pits authorized by sections §4.113, §4.114, or §4.115 of this title (relating to Authorized Pits, Schedule A Authorized Pits, and Schedule B Authorized Pits) must be included in the permit. Authorized activities require a permit if associated with a permitted activity or facility.(c) The Commission may issue a permit to manage oil and gas wastes only if the Commission determines that the activity will not result in the endangerment of human health or the environment, the waste of oil, gas, or geothermal resources, or pollution of surface or subsurface water.(d) This division establishes the permit requirements applicable to all permitted waste management operations. Any person engaged in waste management authorized by permit shall comply with the requirements in this division.(e) A person applying for or acting under a Commission permit to manage oil and gas waste may be required to maintain a performance bond or other form of financial security conditioned that the permittee will operate and close the management facility in accordance with state law, Commission rules, and the permit to operate the facility.(f) In addition to the requirements in this division, any person engaged in the following waste management operations shall comply with the requirements of the following, as applicable. (1) Requirements applicable to commercial facilities are found in Division 5 of this subchapter (relating to Additional Requirements for Commercial Facilities).(2) Requirements applicable to permitted pits are found in Division 6 of this subchapter (relating to Additional Requirements for Permitted Pits).(3) Requirements applicable to landfarming and landtreating are found in Division 7 of this subchapter (relating to Additional Requirements for Landfarming and Landtreating).(4) Requirements for reclamation operations are found in Division 8 of this subchapter (relating to Additional Requirements for Reclamation Plants).(5) Miscellaneous permit requirements applicable to emergency permits, minor permits, and all other activities not otherwise authorized or addressed in this subchapter are found in Division 9 of this subchapter (relating to Miscellaneous Permits).(6) Requirements applicable to oil and gas waste characterization, documentation, manifests, and transportation are found in Division 10 of this subchapter (relating to Requirements for Oil and Gas Waste Transportation).(g) With regard to permits issued pursuant to Divisions 4 through 9 of this subchapter, the Director may impose additional permit conditions necessary to protect human health and the environment, to prevent the waste of oil, gas, or geothermal resources, or to prevent pollution of surface or subsurface water.16 Tex. Admin. Code § 4.120
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0076, eff. 7/1/2025