Recycling Treated Domestic Wastewater and Mobile Drinking Water Treatment System Wastewater

Application

The application must include all of the information described below. This application does not require a form or worksheet. Please note:

  • Applications must be complete; Environmental Permitting & Support does not accept incomplete applications. Incomplete applications will not be reviewed and are subject to return.
  • Statewide Rule §1.201(4) states that an applicant may make no more than two supplemental filings to complete an application. Once an application package has been submitted, only minor modifications or staff-recommended amendments will be accepted during the review process (this does not apply to revisions of Treatment Location Addendum). If the application is still incomplete, Technical Permitting must administratively deny the application and no additional submissions will be accepted or reviewed. An operator may request a hearing on an application that has been denied.

Email the application (preferred) to: Domestic.Wastewater@rrc.texas.gov

Or mail the original application to:

Railroad Commission of Texas 
Technical Permitting 
P.O. Box 12967 
Austin, Texas 78711-2967
Environmental Permits & Support: 512-463-3840

Application deficiencies will be communicated with the operator through a Request for Additional Data (RAD) letter and a response will be requested within 30 days.

Application Elements and Requirements

The operator must file a written application containing the following:

  1. Operator (Applicant) Identification. 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. Provide the following information, which must be consistent with the P-5 Organization Report:
    1. Operator Name
    2. Operator (P-5) Number
    3. Operator Address
    4. Contact person(s) (including phone number and email address)
    If desired by the operator, the application may include an affirmative statement requesting that the service provider identified in the application be included on all correspondence from the RRC. Otherwise, RRC correspondence will only be sent to the applicant’s P-5 address.

  2. Operator (Applicant) Certification. The permit application must include the following certification statement and be signed by the operator. The certification statement must be signed, dated, and include contact information for the operator representative certifying the application:
"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. I certify that no waste or wastewater will reach surface waters of the state. Note that dry creeks, ponds, canals and ditches are considered surface waters.”
  1. Service Provider Identification. Provide the name of the service provider performing DWW and MDWTS treatment services. Only one service provider may be included on a permit.
    1. Service Provider Name
    2. Service Provider Address
    3. Contact person(s) (including phone number and email address)

  2. Service Provider Certification. The permit application must include the following certification statement and be signed by the service provider. The certification statement must be signed, dated, and include contact information for the operator representative certifying the application:
"I certify that I am authorized to support 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."
  1. Identify the RRC District applicable to this application.

  2. Notice or waivers are required for the surface application (dust suppression or controlled irrigation) of recycled fluids and should be submitted to Technical Permitting when notice has been given. The notice must be consistent with the locations identified on the Treatment Location Summary provided in the Monthly Report. Provide a waiver from the surface owner or proof that notice has been provided to the surface owner at least ten (10) days prior to reuse for any recycling of domestic wastewater other than for down-hole purposes.  The surface owner waiver must be submitted to Technical Permitting in Austin within 15 days after the notice is provided. Notice must include the following:
    1. The date the application was filed
    2. The site location, including the county and the latitude and longitude of the irrigation and/or dust suppression area
    3. The name of the property surface owner
    4. The name of the P-5 operator and the service contractor
    5. The type of fluid or waste to be disposed (treated domestic wastewater and/or mobile drinking water treatment system wastewater) of at the site
    6. The procedure for protesting the application that includes this statement “Protests must be in writing and must be received within 15 days of the date the application is filed with the commission.”
    7. The letter must be signed and dated by the P-5 operator or a representative of the operator.

  3. Provide a description of the waste management and processing methods for each waste stream and/or treatment type. Include:
    1. Details of waste processing from initial acceptance, storage, treatment, conveyance, and final re-use
    2. A flow diagram of waste processing from generation to disposition.

  4. Treated wastes may be stored in an authorized lined pit or above-ground storage tank as follows:
    1. Treated wastewater to be used for dust suppression or controlled irrigation may be stored in an enclosed tank.
    2. Treated wastewater to be used for dust suppression or controlled irrigation may be stored in an authorized pit pursuant to 16 TAC 3.8(d)(4), provided the pit is lined with a high-density polyethylene (HDPE) or other natural material (i.e. clay, bentonite) liner with a hydraulic conductivity of 1 x 10-7 cm/sec or less.
    3. All pits holding treated wastewater must be surrounded by containment berms that are compacted and/or constructed of material that meets 95% Standard Proctor (ASTM D698) or 90-92% Modified Proctor (ASTM D1557) density. Each berm must maintain a slope no steeper than a one to three (vertical to horizontal) ratio. These structures must be used to divert non-contact storm water and contain and isolate treated wastewater.
    4. A Form H-11, “Application for Permit to Maintain and Use a Pit”, must be submitted and approved by Technical Permitting in Austin before any authorization to use any additional pits will be granted.
    5. Treated DWW or MDWTS wastewater may not be placed in a non-commercial fluid recycling pit that is otherwise authorized under Statewide Rule 8(d)(4)(G).

  5. Indicate how the down hole, dust suppression, and/or controlled irrigation volumes will be measured. The total volume of treated domestic wastewater must not exceed 5,000 gallons per day at a single treatment location. If the estimated volume for the treated domestic wastewater is greater than 5,000 gallons per day, a TCEQ permit will be required.

  6. Identify the method(s) for disposal of untreated and treated wastewater that will not be re-used.

  7. Submit a Sampling and Analysis Plan and a Quality Assurance and Quality Control (QAQC) Plan. The plan must include the frequency and method of sample collection, parameters to be analyzed (see above for requirements), and remedies and retesting procedures in case of parameter exceedances or QAQC failures.
    All chemical laboratory analyses required by a permit issued in this program must be performed by an independent National Environmental Laboratory Accreditation Program (NELAP) certified laboratory that is neither owned nor operated by the permittee and must be performed using appropriate Environmental Protection Agency (EPA) methods or Standard Methods.
    1. All sample collection must be conducted according to recommendations found in the Standard Methods for the Examination of Water and Wastewater 20th Edition (prepared and published jointly by the American Public Health Association, the American Waterworks Association, and the Water Pollution Control Federation).
    2. Sample containers, holding times, and preservation methods must meet requirements specified in 40 Code of Federal Regulations (CFR) Part 136.
    3. Effluent samples must be analyzed according to test methods specified in 40 CFR Part 136 or more recent editions of Standard Methods for the Examination of Water and Wastewater than those cited in 40 CFR Part 136.

  8. Submit an Operation and Maintenance Plan that includes the following elements:
    1. Procedures the operator and/or service provider will follow for measurement and record keeping of incoming waste and treated fluids.
    2. Procedures the operator and/or service provider will follow to prevent, identify and remediate spills.
    3. Procedures the operator and/or service provider will follow to minimize human exposure to the untreated and treated wastes.
    4. Procedures the operator and/or service provider will follow for routine inspections, maintenance, and monitoring, including details for site visits, remote monitoring, backwashing of filters and how the backwash water is managed.

Permit Renewal

The renewal application should be received at least 60 days prior to the permit expiration date. As required in §2001.054(b) of the Texas Government Code (http://www.statutes.legis.state.tx.us/), an active permit will remain in effect if the renewal request is received before the permit expiration date and the Commission has not yet acted on the application.

The renewal application must include:

  • A cover letter requesting permit renewal
  • Items 1 through 5 above
  • Items 7 through 12 as necessary to support changed operations or conditions.

This page was last updated on: Friday, July 15, 2022


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