Section 4.128 - [Effective 7/1/2025] Design and Construction(a) Application. The following information shall be submitted with each permit application: (1) a facility diagram clearly showing the items listed in subparagraphs (A)-(G) of this paragraph and any other pertinent information regarding the facility and associated activities. Diagrams shall be on a scale that shows the entire facility and activities within the Commission's jurisdiction on a single page. The diagram shall show the following: (A) a clear outline of the proposed facility, areas where oil and gas waste will be managed, and property boundaries;(B) all wells, pits, areas where oil and gas waste will be managed, and any other activity under the jurisdiction of the Commission that may occur at the proposed facility;(C) the location of all tanks and equipment;(D) all berms, dikes, or secondary containment;(E) all fences, roads, and paved areas;(F) the shortest distance between the facility and waste management unit boundary to the nearest property line or public road; and(G) the location of any pipelines within the facility boundaries;(2) a description of the type and thickness of liners (e.g., fiberglass, steel, concrete), if any, for all tanks, silos, pits, and storage areas or cells;(3) for storage areas where tanks and/or liners are not used, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water;(4) a map view and two perpendicular cross-sectional views of pits and/or storage areas or cells to be constructed, showing the bottom, sides, and dikes and the dimensions of each; and(5) a plan to control and manage all stormwater runoff and to retain wastes during wet weather, including the location and dimensions of dikes and/or storage basins that would collect stormwater during a 25-year, 24-hour rainfall event, and all calculations made to determine the required capacity and design.(b) Design and construction requirements. All permittees shall comply with the following requirements. (1) The permittee shall post signs at each entrance to the facility. The sign shall be readily visible and show the operator's name, facility name, and permit number in letters and numerals at least three inches in height.(2) Dikes or containment structures shall be constructed around all areas managing oil and gas wastes. All earthen dikes surrounding pits and constructed as perimeter berms shall be compacted or constructed of material that meets 95% Standard Proctor (ASTM D698) or 90-92% Modified Proctor (ASTM D1557) density and meets a permeability of 1 x 10-7 cm/sec or less when compacted. During construction, successive lifts shall not exceed nine inches in thickness, and the surface between lifts shall be scarified to achieve a good seal. These structures shall be used to divert non-contact stormwater around the waste management unit and contain and isolate contact stormwater within the bermed area.(3) Secondary containment shall be provided for all above-ground storage tanks. Secondary containment for a minimum of 120% total storage capacity is recommended. Secondary containment that will contain the largest tank's maximum capacity plus two feet of freeboard and capacity to contain the volume of precipitation from a 25-year, 24-hour rainfall event is acceptable.(4) Contact stormwater shall be collected within 24 hours of accessibility and disposed of in an authorized manner.(5) The facility shall maintain security to prevent unauthorized access. Fencing shall be required unless terrain or vegetation prevents vehicle or livestock access except through entrances with lockable gates. Access shall be secured by (A) a 24-hour attendant; or(B) if not attended, a six-foot-high security fence and locked gate to prevent vehicle or livestock access.(6) All liner systems shall be installed and maintained in a manner that will prevent pollution and/or the escape of the contents of the pit.16 Tex. Admin. Code § 4.128
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0076, eff. 7/1/2025