Surface Waste Management Manual

Application Information for Landfarm Permit

(Water Base Drilling Fluid and Associated Cuttings Only)

The Commission encourages recycling and waste minimization. To the extent practicable, waste management choices should be based upon the following preferences, beginning with the most preferred: source reduction, recycling, treatment, and disposal.

Mail the original application to:

Railroad Commission of Texas 
Technical Permitting 
P.O. Box 12967 
Austin, Texas 78711-2967

File one copy of the application with the appropriate District Office.

The specific site for landfarming should have natural features (Such as isolation from or considerable depths to ground water, protection against flooding, presence of soils with a low permeability, and topography conducive to protection against erosion) that prevent or minimize release of pollutants to off-site waters, lands, and air.

The following actions must be completed and the information submitted in the order requested before a landfarm application can be considered:

  1. Operator name, address, phone number, and contact person. Note that unless otherwise specified in an application, the permit and correspondence will only be mailed to the operator’s P-5 address.
  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 date of notification.
  3. If the proposed 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. Is this area in a wetland? If yes, submit a copy of your Army Corps of Engineer (http://www.usace.army.mil/) Wetlands Permit or Permit Application.
  5. A description of the proposed landfarm site and surrounding area by the following:
    • Landowner
    • tract size in square feet or acres;
    • survey name and abstract number;
    • site coordinates in degrees, minutes, and seconds of longitude and latitude;
    • a general description of the contour of the landfarm site, including any water course or drainage ways;
    • 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;
    • depth to shallowest fresh water (include source of this information) and distance to and depth of nearest actively producing domestic water well within one mile;
    • 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.
  6. Attach an identification and description of the soil or subsoil. The information shall describe the soil by typical name, appropriate proportion of grain sizes, texture, consistency, moisture condition, and other pertinent characteristics. Identify the source of soil information. The Natural Resources Conservation Service (http://soils.usda.gov) can provide information on soils and subsoils.
  7. Thickness of tillable soil.
  8. Submit the following plats and maps:
    • a plat drawn to scale with the proposed landfarm area outlined clearly and all offset surface owners and their properties indicated;
    • a copy of a county highway map showing the location of the proposed site; and
    • a complete original 7 ½ minute USGS topographic quadrangle map with the landfarm area outlined clearly. Delineate location of any pipelines that underlay the facility but are not included on the topographic map.
  9. Plans to control Stormwater runoff and to retain incoming wastes during wet weather. Indicate the 25-year maximum 24-hour rainfall event. Include specifics for any dike construction, such as dimensions and location. Dikes should be constructed to a height of at least two feet, and all dikes should have a minimum slope on each side of three to one (horizontal to vertical). Also, include plans for disposing of any rainwater collected within the landfarm area (e.g., irrigation for landfarm area, disposal in an authorized injection well). The National Oceanic and Atmospheric Administration can provide information on the 25-year maximum 24-hour rainfall event.
  10. 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 (http://www.twdb.texas.gov/surfacewater/conditions/evaporation/index.asp).
  11. Plans to control access to the facility (e.g., fencing, inaccessible terrain, 24 hour attendant, etc.)
  12. Indicate if wastes will be accepted from sources other than your own. (If yes, see below for additional requirements for commercial facilities.)
  13. List of anticipated types and volumes of wastes to be landfarmed.
  14. The estimated chloride concentration of wastes to be landfarmed.
  15. Anticipated origin of wastes. Include lease or facility name, lease number(s), well number(s) and API number(s), and county.
  16. The waste application method and loading rate:
    • Indicate procedure to be used to mix the waste into the soil (tilling, plowing, disking). Mixing the waste into the soil via tilling, plowing, or disking will be required for the landfarming of all water base drilling fluid to ensure the soil is not overloaded and no waste migrates off of the approved landfarming site
    • maximum thickness of waste to be applied in a single application as well as the total thickness to be applied over the life of the operation;
    • frequency of tilling, plowing, or disking; and
    • maximum depth to which waste will be tilled, plowed, or disked.
  17. Estimated duration of landfarm operation. (Generally, permits are issued for five-year terms. An expiring permit may be considered for renewal. See below for requirements for renewal of expiring permits.)
  18. Detailed plans for closing the site when landfarm operations cease, including plans for removing dikes and contouring. Provide an estimate of time required for closure.
  19. The operator must sign, date, and submit the following certification statement:

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.

  1. If a drilling fluid storage or disposal pit will be used in conjunction with the landfarm operation, you must file Form H-11 (Application for a Permit to Maintain and Use a Pit).

In addition to Form H-11, applications for drilling fluid storage pits require the following:

    • a signed statement that the drilling fluid will be removed from pit upon closure;
    • estimated lifetime of the pit; and
    • a signed statement to the effect that your research indicates the proposed storage site is not in a flood prone area.

In addition to Form H-11, applications for drilling fluid disposal pits require the following:

    • a signed copy of your lease agreement if the proposed site is leased;
    • submit a signed statement indicating the names and addresses of the offset surface owners and the date that they were notified of this application;
    • a plat drawn to scale with all offset surface owners and their properties indicated;
    • a signed statement to the effect that your research indicates the proposed disposal site is not in a flood prone area; and
    • detailed plans for closing the disposal site.

Additional requirements for commercial or centralized facilities:

  1. Notify offset surface owners if the permit application is for a commercial or centralized operation. 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. *
  2. 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 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 be used.

  • Financial security as required by Rule 78 if the permit application is for a commercial facility. 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 and CF-2.
  • 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 (http://www.sos.state.tx.us/tac/) 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.
      • Plans for testing incoming wastes and for recordkeeping.
      • Plans for routine inspection, maintenance, and monitoring.
      • May be required to provide a more detailed assessment of site including soil borings and monitor wells.
      • Contact the Texas Commission on Environmental Quality (http://www.tceq.state.tx.us) to determine air permitting requirements.

Requirements for renewal of expiring permits:

  1. Submit a plat drawn to scale with the proposed landfarm 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 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 if the permit application is for a commercial or centralized operation. 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 30 th 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 submit a clipping of the published notice. It is recommended that the 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 Form for Published Notice be used. You must also submit that a sworn Publication has been used.

Requirements for amending permits:

  1. Notification as outlined above may be required for permit amendment applications where the amendment would significantly alter the permitted operation.
  2. 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.
  3. 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) 463-6805.

 

Last Updated: 5/18/2016 1:50:17 PM