(a) A permit for an off-lease centralized commercial
solid oil and gas waste recycling facility may be issued only if the
director or the Commission determines that the facility is to be located
in an area where there is no unreasonable risk of pollution or threat
to public health or safety.
(b) An off-lease centralized commercial solid oil and
gas waste recycling facility permitted pursuant to this division and
after the effective date of this division shall not be located within
a 100-year flood plain.
(c) Factors that the Commission will consider in assessing
potential risk from an off-lease centralized commercial solid oil
and gas waste recycling facility include:
  (1) the volume and characteristics of the oil and gas
waste, partially treated waste and recyclable product to be stored,
handled, treated and recycled at the facility;
  (2) surface water;
  (3) depth to and quality of the shallowest groundwater;
  (4) distance to the nearest property line or public
road;
  (5) proximity to coastal natural resources, sensitive
areas as defined by §3.91 of this title (relating to Cleanup
of Soil Contaminated by a Crude Oil Spill), or water supplies, and/or
public, domestic, or irrigation water wells; and
  (6) any other factors the Commission deems reasonably
necessary in determining whether or not issuance of the permit will
pose an unreasonable risk.
(d) All siting requirements in this section for an
off-lease centralized commercial solid oil and gas waste recycling
facility refer to conditions at the time the facility is constructed.


Source Note: The provisions of this §4.240 adopted to be effective April 15, 2013, 38 TexReg 2334