Application Information for Landfarm and Landtreatment Permits
Facilities that use land-spreading to treat and dispose of oil and gas waste are considered a “Landfarm” if the only waste to be landfarmed is water-based drilling fluid & associated cuttings. Facilities that land-spread other oil and gas wastes including oil-based drilling fluids and cuttings are considered “Landtreatment” facilities. The application below is used to apply for either a Landfarm or Landtreatment permit.
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
P.O. Box 12967
Austin, Texas 78711-2967
File one copy of the application with the appropriate District Office.
The specific site for land-spreading 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 the release of pollutants to off-site waters, lands, and air.
The following actions must be completed, and the information must be submitted in the order requested before a landfarming or landtreatment application can be considered.
- 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.
- * Notify the surface owner(s) of the permit application and Notice of the permit application shall consist of a copy of the 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. Submit a copy of the notification letter and indicate the date of notification. Refer to the notice requirements provided at the bottom of this page.
- * 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. Refer to the notice requirements provided at the bottom of this page.
- Submit a signed copy of the lease agreement that is between the applicant and the surface owner.
- A description of the proposed land-spreading site and surrounding area by the following:
- 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 land-spreading site, including any water courses or drainage ways
- whether or not the site is located in a flood prone area. The Federal Emergency Management Agency (http://www.fema.gov/) can provide information on floodplains. Sites located in the 100-year floodplain will not be approved.
- whether or not the site is located in a wetland. If yes, submit a copy of your Army Corps of Engineer (http://www.usace.army.mil/) Wetlands Permit or Permit Application.
- 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
- distance to any residences, schools, churches, or hospitals within 500 feet of the proposed site
- a plat drawn to scale with the proposed land-spreading 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
- a 7 1/2 minute topographic map with the land-spreading area outlined clearly. Delineate the locations of any pipelines that underlay the facility but are not included on the topographic map
- two perpendicular, sectional views of any cells to be constructed, showing the bottom, sides, and dikes, with dimensions indicated (provision should be made to maintain a freeboard in all cells)
- a top view of any cells to be constructed showing dimensions and dike widths - 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)
- a plan view of the site showing the locations of cells, dikes, access roads, etc.
- type of liner (e.g., polyvinyl chloride, chlorosulfonated polyethylene-reinforced, high density polyethylene, recompacted clay)
- thickness of liner. (Generally, man-made liners must have a thickness of at least 30 mils and recompacted clay liners must have a thickness of at least 3 feet)
- installation procedures. For recompacted clay liners, indicate the degree of compaction and hydraulic conductivity to be attained and procedures used to protect liner, such as soil cover.
All geotechnical testing performed utilizing tests standardized by the American Society for Testing and Materials (ASTM International) must be certified by a Texas registered professional engineer.
- The estimated chloride concentration of the incoming waste. The applicant will be required to test incoming waste should a permit be issued.
- if the waste will be mixed into the soil, indicate the procedure to be used
- 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
- maximum depth to which waste will be tilled
- 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.
- 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:
"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."
Additional requirements for centralized and commercial facilities:
- * Notify offset surface owners of the application. Notice of the permit application shall consist of a copy of the 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. 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. Refer to the notice requirements provided at the bottom of this page.
- Submit plans for testing incoming wastes and for record keeping. The following waste analyses should be considered:
- Hydrogen Sulfide
- Metals (total and TCLP)
- Total organic halides
- Additional analyses may be required.
Additional Published Notice required for commercial facilities: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.
- 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.
Requirements for renewal of expiring permits:
- A request for renewal should be submitted at least 60 days prior to the expiration date of the permit.
- The renewal application should include any information that may have been updated since the previous application or renewal. Additional information may be requested by Technical Permitting, if deemed necessary.
- Submit a plat drawn to scale with the land-spreading area outlined clearly, and all current offset surface owners and their properties indicated.
- Submit a signed copy of the lease agreement.
- * Notify surface owner of the permit application. Submit a copy of the notification letter and indicate the date of notification. Refer to the notice requirements provided at the bottom of this page.
- * 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. Refer to the notice requirements provided at the bottom of this page.
- * Notify offset surface owners if the permit application is for a centralized or commercial 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. Refer to the notice requirements provided at the bottom of this page.
- Publish notice if the permit application is for a commercial operation. Published notice must meet all requirements as outlined above but should clarify that the notice is for renewal of an existing facility.
Requirements for amending permits:
- *Notification as outlined above may be required for permit amendment applications where the amendment would significantly alter the permitted operation.
- An updated Closure Cost Estimate will be required if the proposed changes alter the amount for the financial security.
* 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.” Protests must be sent to: Technical Permitting Section, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711 (Telephone 512-463-3840).
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.