Supplemental Application Information for Permit to Maintain and Use a Commercial Oil and Gas Waste Disposal Pit

You must file Form H-11 (pdf) (Application for a Permit to Maintain and Use a Pit). In addition, the following actions must be completed and the information submitted along with the Form H-11 before a commercial oil and gas waste disposal pit application can be considered:

  1. Notify surface owner of the permit application and submit a signed copy of your lease agreement. Submit a copy of the notification letter and indicate the date of notification. If the land where the pit is proposed is within corporate limits, also notify the city clerk or other appropriate city official. Item B on Form H-11 requires only that a copy of the Form H-11, excluding attachments, be mailed or delivered. However, in this case the complete application, including all attachments, must be provided.
  2. Notify offset surface owners of the permit application. Submit a copy of each notification letter sent to the offset surface owners, along with a statement indicating their names and addresses and the date that they were notified of this application.
  3. Publish notice if the permit application is for a commercial operation. Notice shall be published in accordance with HB 480 as outlined below.
    • The notice must include:
      • the date the application was filed;
      • a description of the location of the site for which the application was made, including the county in which the site is located, the name of the original survey and abstract number, and the direction and distance from the nearest municipality;
      • the name of the owner of the site;
      • the name of the applicant;
      • the type of fluid or waste to be disposed of at the facility;
      • the disposal method proposed; and
      • the procedure for protesting the application.
    • The notice must be published:
      • at least once each week for two consecutive weeks with the first publication occurring not earlier than the date the application is filed and not later than the 30th day after the date on which the application is filed; and
      • in a newspaper of general circulation in the county in which the proposed disposal would occur.

You must furnish a clipping of the published notice. It is recommended that the form for published notice (pdf) be used. You must also submit a sworn affidavit from the newspaper giving the date on which the notice was published and stating that the newspaper is of general circulation in the pertinent county. It is recommended that the form for affidavit of publication (pdf) be used. 

  1. Is this area a wetland? If yes, submit a copy of your Army Corps of Engineer (http://www.usace.army.mil/) Wetlands Permit or Permit Application.
  2. A description of the proposed pit site and surrounding area by the following:
    • site coordinates in degrees, minutes, and seconds of longitude and latitude;
      a general description of the contour of the pit site, including any water 
      courses or drainageways;
      whether or not site is located in a flood prone area. The Federal Emergency
    • Management Agency (http://www.fema.gov/) can provide information on flood plains. Sites located in the 100-year floodplain will not be approved;
      direction of groundwater flow - indicate how this was determined; and
      distance to any residences, schools, churches, or hospitals within 500 feet of the proposed site.
  3. Submit the following plats and maps:
    • a plat drawn to scale with the proposed pit area outlined clearly and all offset surface owners and their properties indicated; 
    • a complete original 7 1/2 minute USGS topographic quadrangle map with the pit area outlined clearly. Delineate the location of any pipelines that underlay the facility but are not included on the topographic map.
  4. Submit plans for disposing of any rainwater collected within the facility and/or pit area (e.g., disposal in an authorized injection well). Indicate the 25-year maximum 24-hour rainfall event. Include specifics for any dike construction, such as dimensions and location. The National Atmospheric and Oceanic and Atmospheric Administration can provide information. 
  5. Average annual precipitation and evaporation at the proposed site. This information can be found in the publication, Climatological Data and Annual Summary, located at the Texas Commission on Environmental Quality library or at the Texas Water Development Board (https://www.twdb.texas.gov/surfacewater/conditions/index.asp). 
  6. Submit plans to control access to the facility (e.g., fencing, inaccessible terrain, 24 hour attendant, etc.)
  7. Submit list of anticipated types and volumes of wastes to be accepted. Specify the types of waste: RCRA exempt wastes like crude oil contaminated soil or saltwater contaminated soil from production operations, production tank bottoms, accumulated solids from separators and treating vessels, pit bottoms, oil base drilling fluid and cuttings, etc.; and RCRA non-exempt wastes like crude oil contaminated soil from transportation related activities, lube oil contaminated soil, etc. 
  8. Submit plans for testing incoming wastes and for record keeping. The following waste analyses should be considered: pH, Hydrogen Sulfide, Ignitability, EC, TPH, metals (total and TCLP), total organic halides, and benzene. Indicate the laboratory method which will be used to determine TPH and provide a written description of the method. Additional analyses may be required.
  9. See Chapter 4, Subchapter F for standards regarding surface disposal of oil and gas NORM waste.
  10. Provide target remediation levels for waste constituents if applicable (e.g., Total Petroleum Hydrocarbons (TPH), pH, Electrical Conductivity (EC)).
  11. Indicate depth from ground level that waste will be allowed to accumulate. Generally, at least a 2 foot freeboard from ground level is required.
  12. Submit plans for the prevention and control of spills at the facility.
  13. Submit plans for routine inspection, maintenance, and monitoring.
  14. Submit estimated duration of the operation. (Generally, commercial facility permits are issued for five-year terms. An expiring permit may be considered for renewal. See below for requirements for renewal of expiring permits.)
  15. Submit detailed plans for closing the site when operations cease, including plans for closing pit, any boreholes used for vadose zone or groundwater monitoring, removing dikes, contouring, and reseeding. Provide an estimate for time required to close site.  Soil samples taken on site must be analyzed for the parameters in Table 1 - Standard Closure Parameters.
  16. Submit plans for post closure monitoring.
  17. Provide financial security as required by Rule 78. The following documents will assist in the preparation of the estimate and the financial security: Closure Cost Estimate Requirements, Guidance for Filing Forms CF-1 and CF-2, Forms CF-1 (pdf) and CF-2 (pdf).
  18. Submit a plan for the installation of groundwater monitor wells. Should a permit be issued, the installation of monitor wells will be a permit condition unless on-site borings taken to 100 feet demonstrate no shallow groundwater underlies the proposed location. Borings should be left open for a minimum of 24 hours to determine the presence of groundwater. A sufficient number of borings must be drilled at the location to accurately characterize the subsurface, and determine the lateral extent and direction of flow of any shallow groundwater.
    • The wells must be completed in accordance with 16 TAC Part 4, Chapter 76 Water Well Drillers and Water Well Pump Installers.
    • The wells must be completed in the shallowest groundwater zone and the completion must isolate that zone from any deeper groundwater zone.
    • The screened interval of the wells must be designed to intercept the top of the groundwater.
    • Provision must be made to protect the well heads from damage by vehicles and heavy equipment.
    • The following information must be submitted after the wells are completed:
      • a soil boring log for each well, with the soils described using the Unified Soil Classification System (equivalent to ASTM D 2487 and 2488). The log must also include the method of drilling, total depth, and the top of the first encountered water or saturated soils.
      • a well installation diagram for each well.
      • a survey elevation for each well head reference point.
      • a potentiometric map showing static water levels and the
      • calculated direction of groundwater flow.
  19. You must certify the application as follows:

"I certify that I am authorized to make this application, that this application was prepared by me or under my supervision and direction, and that the data and facts stated herein are true, correct, and complete to the best of my knowledge."

Note: Upon review of the initial application, an operator may be required to provide a more detailed assessment of facility operation and/or site.


Requirements for renewal of expiring permits:

  1. Submit a plat drawn to scale with the pit area outlined clearly and all offset surface owners and their properties indicated.
  2. Notify surface owner of the permit application and submit a signed copy of your lease agreement. Submit a copy of the notification letter and indicate the date of notification.
  3. If the site is within corporate limits notify the city clerk or other appropriate city official. Submit a copy of this notification letter and indicate the date of notification.
  4. Notify offset surface owners. Submit a copy of each notification letter sent to the offset surface owners, along with a statement indicating their names and addresses and the date that they were notified of this application.
  5. Publish notice if the permit application is for a commercial operation. Notice shall be published in accordance with HB 480 as outlined below.
    • The notice must include:
      • the date the application was filed;
      • a description of the location of the site for which the application was made, including the county in which the site is located, the name of the original survey and abstract number, and the direction and distance from the nearest municipality;
      • the name of the owner of the site;
      • the name of the applicant;
      • the type of fluid or waste to be disposed of at the facility;
      • the disposal method proposed; and
      • the procedure for protesting the application.
    • The notice must be published:
      • at least once each week for two consecutive weeks with the first publication occurring not earlier than the date the application is filed and not later than the 30th day after the date on which the application is filed; and
      • in a newspaper of general circulation in the county in which the proposed disposal would occur.

You must furnish a clipping of the published notice. It is recommended that the form for published notice (pdf) be used. You must also submit a sworn affidavit from the newspaper giving the date on which the notice was published and stating that the newspaper is of general circulation in the pertinent county. It is recommended that the form for affidavit of publication (pdf) be used.

Requirements for amending permits:
Notification as outlined above may be required for permit amendment applications where the amendment would significantly alter the permitted operation.

* Rule 8 (d)(6)(C) states that a notice of the permit application shall consist of a copy of the complete application together with a statement that any protest to the application should be filed with the Commission within 15 days of the date the application is filed with the Commission.

Each organization performing activities subject to the jurisdiction of the Commission must maintain a current Organization Report (Form P-5) on file with the Commission's Austin Office.

For additional information please call (512) 463-3840.

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