Current through Vol. 42, No. 6, December 2, 2024
Section 165:10-9-4 - Commercial recycling facilities(a)Scope. This Section shall cover the permitting, construction, operation, and closure requirements for commercial recycling facilities. A commercial recycling facility is a facility which is authorized by Commission order to recycle materials defined as "deleterious substances" in OAC 165:10-1-2. Such substances must undergo at least one treatment process and must be recycled into a marketable product for resale and/or have some beneficial use. This definition does not include the reuse of drilling mud (plug mud) which was previously utilized in drilling or plugging operations. This Section does not cover hydrocarbon recycling/reclaiming facilities (see OAC 165:10-8-1 through 165:10-8-11) .(b)Application requirements for facilities to recycle flowback water.(1)Who may apply. The applicant for a commercial recycling facility shall be the owner of the land (or person having a written firm option to purchase the land at the time the application is filed) on which the proposed facility is to be located. If the land on which the proposed facility is to be located is leased, both the owner and lessee of the land shall be joint applicants.(2)Compliance with rules. Before issuance of an order authorizing the commercial recycling facility, the applicant shall comply with Commission Rules of Practice OAC 165:5-7-1, 165:5-7-35, 165:5-3-1, and this Section. Subsequent to issuance of an order authorizing a commercial recycling facility and prior to commencing construction of such facility, the applicant is required to submit to the Conservation Division a recorded copy of a deed reflecting that the applicant owns the land which is to be used for the commercial recycling facility.(3)Exhibits. Two complete sets of all exhibits which shall be relied upon by the applicant shall be submitted to the Pollution Abatement Department of the Commission, pursuant to OAC 165:5-7-35. Those exhibits shall include, but are not limited, to the following: (A) A lithologic log of test borings, identifying the subsurface materials encountered and the depth at which groundwater was encountered pursuant to (d)(2)(D) of this Section.(B) A topographic map of the commercial recycling facility site.(C) The appropriate Soil Conservation Service (SCS) soil survey aerial photo and legend.(D) A detailed drawing of the site, with complete construction plans drawn to scale by or under the supervision of a registered professional engineer.(E) A plan for closure of the facility, which shall specifically state how all aspects of closure shall be accomplished, including volume and fate of liquids and solids, earthwork to close any pit(s) (including placement of stockpiled topsoil), and revegetation of the site.(F) An itemization of projected hauling, closure, reclamation, maintenance, and monitoring costs.(G) A plan for post-closure maintenance and monitoring which shall address maintenance of the site as well as monitoring and plugging of wells. Exemption from the plugging of monitor wells may be obtained upon written request and approval of the Manager of Pollution Abatement.(H) A plan for operation which shall address the method(s) by which excess water will be disposed.(c)Application requirements for recycling facilities designed for deleterious substances other than flowback water.(1)Who may apply. The applicant for a commercial recycling facility shall be the owner of the land (or person having a written firm option to purchase the land at the time the application is filed) on which the proposed facility is to be located. If the land on which the proposed facility is to be located is leased, both the owner and lessee of the land shall be joint applicants.(2)Compliance with rules. Before issuance of an order authorizing the commercial recycling facility, the applicant shall comply with Commission Rules of Practice OAC 165:5-7-1, 165:5-7-35, 165:5-3-1, and this Section. Subsequent to issuance of an order authorizing a commercial recycling facility and prior to commencing construction of such facility, the applicant is required to submit to the Conservation Division a recorded copy of a deed reflecting that the applicant owns the land which is to be used for the commercial recycling facility.(3)Exhibits. Two complete sets of all exhibits which shall be relied upon by the applicant shall be submitted to the Pollution Abatement Department of the Commission pursuant to OAC 165:5-7-35. Those exhibits shall include, but are not limited, to the following: (A) A topographic map of the commercial recycling facility site.(B) The appropriate Soil Conservation Service (SCS) soil survey aerial photo and legend.(C) A detailed drawing of the site, with complete construction plans, which shall include, but not be limited to, the location of any pits, staging areas and storm water retention structures.(D) A detailed description of the recycling process and the types of deleterious substances that will be recycled.(E) A plan for closure of the facility, which shall specifically state how all aspects of closure shall be accomplished, including volume and disposition of liquids and solids, earthwork to close any pit(s) (including placement of any stockpiled topsoil), removal of all materials in staging areas, and revegetation of the site.(F) An itemization of projected hauling, closure, reclamation, maintenance, and monitoring costs.(G) A plan for post-closure maintenance and monitoring which shall address maintenance of the site as well as monitoring and plugging of wells. Exemption from the plugging of monitor wells may be obtained upon written request and approval of the Manager of Pollution Abatement.(d)Restrictions.(1)Order required. No commercial recycling facility shall be constructed, enlarged, reconstructed, or used without a Commission order.(2)Site limitations.(A) No commercial recycling facility shall be constructed or used unless an investigation of the soils, topography, geology, and hydrology conclusively shows that storage of deleterious substances and the recycling of such substances at the site will not be harmful to groundwater, surface water, soils, plants, or animals in the surrounding area. No commercial recycling facility shall be constructed or used on or in an abandoned mine, strip pit, quarry, canyon, or streambed.(B) No commercial recycling facility shall be constructed or used on any site that is located within a 100-year flood plain.(C) No commercial recycling facility shall be constructed or used within a wellhead protection area (WPA) as identified by the Wellhead Protection Program ( 42 USC Section 300h-7, Safe Drinking Water Act), or within one mile of a public water well for which the WPA has not been delineated.(D) Pits shall not be constructed or used at flowback water recycling facilities unless it can be shown that there will be a minimum of 25 feet between the bottom of the pit(s) and the groundwater level. To ascertain this and to demonstrate the subsurface profile of the site, a minimum of three test borings (the exact number of locations to be determined by the Pollution Abatement Department) shall be drilled to a minimum depth of 25 feet below the proposed bottom(s) of the pit(s) and into the first free water encountered. Perched water tables are not considered for the purposes of this subparagraph. Test borings need not extend deeper than 50 feet below the bottom(s) of the pit(s) if free water has not been encountered before that depth. All boreholes converted to monitor wells shall conform to (f)(14) of this Section. All boreholes not converted to monitor wells shall be plugged from top to bottom with bentonite, cement, and/or other method approved by the Pollution Abatement Department within 30 days of drilling completion.(E) If pits are not used in the operation of a commercial recycling facility, the Manager of Pollution Abatement may require test borings to be drilled at the site if data from monitor well boring(s) is insufficient to properly evaluate the site.(F) No commercial recycling facility that is to use pits with a capacity in excess of 50,000 barrels shall be constructed or used within the following distances from the city limits of an incorporated municipality unless previously authorized by Commission order: (i) Three miles if population is 20,000 or less.(ii) Five miles if population is greater than 20,000.(3)Means of water disposal. No commercial recycling facility shall be constructed or used unless the operator can show that there will be an ongoing means of disposal of excess water pursuant to (b)(3)(H) of this Section.(e)Surety requirements.(1)Agreement with Commission. Any operator of a commercial recycling facility shall file with the Manager of Document Handling for the Conservation Division an agreement to properly close and reclaim the site in accordance with approved closure and reclamation procedures upon termination of recycling operations due to abandonment, shutdown, full pits, or other reason. The agreement shall be on forms available from the Conservation Division and shall be accompanied by surety. The agreement shall provide that if the Commission finds that the operator has failed or refused to close the facility or take remedial action as required by law and the rules of the Commission, the surety shall pay to the Commission the full amount of the operator's obligation up to the limit of the surety.(2)Surety amount and type. The Commission shall establish the amount of surety in the order for the authority to construct, enlarge, or operate a commercial recycling facility. The amount of surety shall be based on factors such as dimensions of the facility and costs of closure, reclamation, monitoring, plugging of monitor wells, any pit closure, trucking of any deleterious substances, remediation, earth work, revegetation, etc. The amount may be subject to change for good cause. Upon approved closure of a facility, the Manager of Pollution Abatement may administratively reduce the surety requirement to an amount which would cover the cost of monitoring the site and plugging the monitor wells. Surety shall be maintained for as long as monitoring is required. The type of surety shall be a corporate surety bond, certificate of deposit, irrevocable letter of credit, or other type of surety approved for the facility by order of the Commission. Any type of surety that expires shall be renewed prior to 30 days before the expiration date.(3)Posting surety before permit is issued. An operator shall post surety with the Commission on forms provided by the Manager of Document Handling before a construction permit is issued, pursuant to (f)(1) of this Section.(f)Construction requirements.(1)Permit required. Prior to constructing any commercial recycling facility, the facility operator shall obtain a permit from the Manager of Pollution Abatement. Application shall be made on Form 1014CR. For use of a commercial recycling facility without a permit, the facility operator may be fined up to $5,000.00.(2)Runoff water prohibited. No runoff water from surrounding land surfaces shall be allowed to enter a commercial recycling facility.(3)Stockpiling of topsoil. Prior to constructing any pit with a capacity in excess of 50,000 barrels utilized in a commercial recycling facility, all topsoil within the top twelve inches of soil on the site shall be stockpiled for use as the final cover at the time of closure. The topsoil may be stockpiled in the outside slopes of the berms, provided it is not used for structural purposes and can be readily distinguishable from other soil materials at the time of closure. In cases where topsoil is stockpiled in the berms, it shall be shown in the as-built drawings pursuant to (f)(16) of this Section.(4)Monitoring by engineer. Construction of any pit(s) with a capacity in excess of 50,000 barrels shall be monitored by a registered professional engineer or an engineer-in-training working under the supervision of a registered professional engineer (RPE) to assure that approved design specifications and Commission rules are adhered to. A minimum of six on-site visits to the site shall be made: two pre-construction, two during the installation of the geomembrane liner, and two post-construction. At least the post-construction on-site visit shall be made by the RPE.(5)Maximum fluid depth. Any pit utilized in a commercial recycling facility shall be constructed in accordance with the maximum fluid or sediment depth specified in the order authorizing the facility. Any pit shall have a minimum freeboard of three feet.(6)Maximum dimensions. Any pit utilized in a commercial recycling facility shall not be constructed to dimensions greater than that approved in the order. Pit dimensions shall be measured at the maximum allowable fluid level.(7)Geomembrane liners.(A) Any pit utilized in a commercial recycling facility must contain a geomembrane liner. The geomembrane liner shall have a minimum thickness of 40 mil.(B) Any geomembrane liner used in such pits shall be chemically compatible with the type of substances to be contained in the pit and shall have ultraviolet light protection.(C) Any geomembrane liner shall be placed over a specially prepared, smooth, compacted surface void of sharp changes in elevation, rocks, clods, organic debris, or other objects.(D) Any geomembrane liner shall be continuous, although it may include welded or extruded seams, and the liner must cover the bottom and interior sides of the pit entirely. Sewing of seams is prohibited. The edges shall be securely placed in a minimum twelve inch deep anchor trench around the perimeter of the pit.(8)Width of the crown. The crown (top) of any berm of a pit with a capacity in excess of 50,000 barrels utilized in a commercial recycling facility shall be a minimum of eight feet in width.(9)Slopes. The inside slope of any exterior berm (having fluid on one side) shall not be steeper than 3:1 (horizontal to vertical) and the outside slope 2.5:1. The slopes of any interior berm (having fluid on both sides) shall not be steeper than 3:1.(10)Earthwork compaction. All earthwork for pits with a capacity in excess of 50,000 barrels shall be compacted to achieve a minimum 90% Standard Proctor Density and shall be applied in lifts where some method of bonding is achieved between lifts, with each lift not to exceed eight inches prior to compaction.(11)Pipe installation. Any pipe, tinhorn, culvert, or conduit in the berm between two adjoining pits shall be placed so that there is a minimum of 36 inches between the top of the pipe, tinhorn, culvert, or conduit and the lowest point in the top of the berm separating the pits.(12)Splash pad. All pits utilized in commercial recyling facilities which receive fluids directly from a truck shall have a splash pad at the point where fluids are received unless a waiver is obtained from the Manager of Pollution Abatement by showing that damage of the liner will not occur. The pad must be constructed of materials and to the dimensions necessary to effectively prevent the liner from eroding.(13)Fluid level marker. A minimum of one stationary fluid level marker shall be erected in each pit or cell as required by the Manager of Pollution Abatement. The marker shall be erected in a location within the pit or cell where it can be easily observed. The marker shall be of such design that the maximum fluid level at any time may be clearly identified. Details of the proposed marker installation shall be approved by the Manager of Pollution Abatement prior to installation. Markers shall be installed under the supervision of a registered professional engineer, licensed land surveyor, or other person approved by the Manager of Pollution Abatement prior to installation.(14)Monitor wells. Monitor wells must be installed in conjunction with every commercial recycling facility as required by the Manager of Pollution Abatement. All pits utilized in commercial recycling facilities shall have a minimum of three monitor wells installed-one upgradient and two downgradient from the pit. The exact number and location of monitor wells shall be approved by the Pollution Abatement Department prior to installation. No monitor well shall be installed more than 250 feet from the toe of the outside berm of a pit, nor shall any existing water well be used as a monitor well unless approved by the Manager of Pollution Abatement. Monitor wells installed prior to the effective date of this Section may be accepted by the Manager of Pollution Abatement if it can be shown that they adequately monitor a site. All new monitor wells shall be drilled to a depth of at least ten feet below the top of the first free water encountered, and all monitor wells shall be drilled to a depth of at least ten feet below the base of any pit. All new monitor wells shall be drilled and completed by a licensed monitor well driller. If documentation is submitted to the Manager of Pollution Abatement prior to drilling the monitor wells to show that no free water will be encountered within 50 feet below the bottom of any pit, the Manager of Pollution Abatement may require that monitor wells be drilled to a lesser depth. All new monitor wells shall meet the requirements as set out in rules established by the Oklahoma Water Resources Board, in addition to the following requirements:(A) A removable and lockable cap shall be placed on top of the casing. The cap shall remain locked at all times, except when the well is being sampled.(B) Within 30 days of installation, specific completion information, a diagram of the locations and numerical labeling for all monitor wells shall be submitted to the Manager of Pollution Abatement.(15)Leachate collection system. The commercial recycling facility operator may elect to install a leachate collection system in lieu of monitor wells if such system will adequately detect any leak from the facility. The plan for the leachate collection system must be approved by the Manager of Pollution Abatement prior to installation of the leachate collection system.(16)As-built drawing. A detailed, as-built drawing of the facility and monitor wells or leachate collection system by or under the supervision of a registered professional engineer shall be submitted to the Manager of Pollution Abatement before operation of a facility utilizing pits with a capacity in excess of 50,000 barrels commences. Operators of facilities which do not utilize pits and facilities utilizing pit(s) with a capacity of 50,000 barrels or less shall submit to the Manager of Pollution Abatement as-built drawings prepared by a qualified expert before operation of such facilities commence.(17)Liner certification. An affidavit signed by the person who was responsible for installing any pit liner, certifying that the liner meets minimum requirements and was installed in accordance with Commission rules, shall be submitted to the Manager of Pollution Abatement before operation of the facility commences. Supporting documentation shall also be submitted, such as geomembrane liner specifications from the manufacturer.(18)Facility approval. Acceptance of materials by a commercial recycling facility shall not commence until a representative of the Conservation Division has inspected and approved the facility.(19)Hydrologically sensitive areas. If the proposed site is known to be located over a hydrologically sensitive area, in addition to the foregoing construction requirements, the additional requirements shall apply:(A) The total depth of any pit shall not exceed eight feet, and the total designed fluid or sediment depth shall not exceed five feet.(B) A minimum 60-mil geomembrane liner shall be required.(C) The Manager of Pollution Abatement shall determine the minimum depth of all monitor wells.(g)Operation and maintenance requirements.(1)Vegetative cover. Vegetative cover shall be established on all areas of earthfill immediately after any pit construction or during the first planting season if pit construction is completed out of season. The cover shall be sufficient to protect those areas from soil erosion and shall be maintained.(2)Fencing. All commercial recycling facilities shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence.(3)Sign. A waterproof sign bearing the name of the commercial recycling facility operator, legal description, most current order number, and emergency phone number shall be posted within 25 feet of the entrance gate to any commercial recycling facility and shall be readily visible.(4)Site security. Acceptable materials can be received by a commercial recycling facility only when there is an attendant on duty. All sites shall be secured by a locked gate when an attendant is not on duty. A key or combination to the lock shall be provided to the appropriate Field Inspector for the purpose of carrying out inspections.(5)Fluid level. Deleterious substances shall not be accepted into any pit unless the fluid level can be maintained at an elevation no higher than the maximum level of the fluid level marker.(6)Acceptable materials.(A) An operator of a commercial recycling facility shall accept for recycling only those materials defined as "deleterious substances" in OAC 165:10-1-2 and as authorized in the order for the facility. Such substances must undergo at least one treatment process and must be recycled into a marketable product for resale and/or have some beneficial use.(B) A sample from each incoming load shall be collected, filtered (if necessary) and tested as required by Commission order.(C) The date, volume, source (generator), type of material and test results of each load received shall be entered into a log book. Supporting documentation such as any chemical analyses or D.O.T. material safety data sheets concerning such loads shall also be maintained by the operator. The log book and supporting documentation shall be available for inspection by a representative of the Conservation Division of the Commission at all times. Log books and supporting documentation shall be kept for a minimum of five years after closure is completed.(7)Storage of deleterious substances. A commercial recycling facility shall not store anything other than deleterious substances as defined in OAC 165:10-1-2 and as authorized in the order for the facility. The contents of each pit or cell at a facility shall be sampled and analyzed by the operator at least once every six months (during January and July) after operations commence. More frequent sampling may be required by the Manager of Pollution Abatement. The following procedures shall be used:(A) The appropriate Pollution Abatement Department representative shall be notified at least 24 hours in advance of sampling to allow the representative an opportunity to witness the sampling.(B) Samples shall be collected and handled by the operator according to procedures established by the Manager of Pollution Abatement.(C) If requested by a representative of the Conservation Division, each composite sample shall be split and a sufficient portion (approximately one pint) shall be properly labeled and delivered or otherwise provided to the appropriate Conservation Division District Office or Field Inspector.(D) All samples delivered to the laboratory shall be accompanied by a chain of custody form.(E) All composite samples must be analyzed for constituents as required by Commission order by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma. Analysis of additional parameters may be required, as determined by the Manager of Pollution Abatement.(F) A copy of each analysis shall be forwarded to the Pollution Abatement Department within 30 days of sampling.(8)Oil film.(A) No pit utilized in a commercial recycling facility shall contain an oil film covering more than one percent of the surface area of the pit.(B) The protection of migratory birds shall be the responsibility of the operator. Therefore, the Conservation Division recommends that to prevent the loss of birds, oil films be removed, or the surface area of any pit be protected from access to birds. [See Advisory Notice in OAC 165:10-7-3(c) ].(9)Aesthetics. All commercial recycling facilities shall be maintained so that there is no junk iron or cable, oil or chemical drums, paint cans, domestic trash, or debris on the premises.(10)Structural integrity. All pits utilized in commercial recycling facilities shall be used, operated, and maintained at all times so as to prevent the escape of their contents. All erosion, cracking, sloughing, settling, animal burrows, or other condition that threatens the structural stability of any earthfill shall be repaired immediately upon discovery.(11)Monitor well and leachate collection system sampling. Sampling of monitor wells or leachate collection systems shall begin prior to accepting any deleterious substances into a new facility and within 30 days of completing the drilling of monitor wells or installation of leachate collection systems on existing facilities, and sampling shall be done at least once every six months (during January and July) after operations commence until three years after closure is completed. Sampling of greater frequency or duration may be required by the Manager of Pollution Abatement. The following procedures shall be used: (A) The appropriate Field Inspector shall be notified at least 24 hours in advance of sampling to allow a Commission representative an opportunity to witness the sampling.(B) Samples shall be collected and handled by the operator according to EPA-approved standards. (RCRA Groundwater Monitoring Technical Enforcement Guidance Document, EPA, OSWER-9950.1, September 1986, pp. 99-107.)(C) If requested by a representative of the Conservation Division, a sufficient portion of each sample (approximately one pint) shall be properly labeled and delivered or otherwise provided to the appropriate Conservation Division District Office or Field Inspector.(D) All samples delivered to the laboratory shall be accompanied by a chain of custody form. The chain of custody form and sample analyses must be submitted to the Conservation Division.(E) All samples must be analyzed for pH, chlorides and TDS by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma. Analysis of additional parameters may be required based on the operation of the facility as determined by the Manager of Pollution Abatement.(F) A copy of each analysis and a statement as to the depth to groundwater encountered in each well or leachate collection system, or a written statement that no water was encountered, shall be forwarded to the Pollution Abatement Department within 30 days of sampling.(G) Monitor wells shall be plugged in accordance with Oklahoma Water Resources Board rules.(12)Prevention of pollution. All commercial recycling facilities shall be used, operated, and maintained at all times so as to prevent pollution. In the event of a nonpermitted discharge at or from a commercial recycling facility, sufficient measures shall be taken to stop or control the loss of materials, and reporting procedures in 165:10-7-5(c) shall be followed. Any materials lost due to such discharge shall be cleaned up as directed by a representative of the Conservation Division. For a willful non-permitted discharge, the commercial recycling facility operator may be fined up to $5,000.00.(h)Semiannual report. The operator of any commercial recycling facility shall submit a report on Form 1014A to the Manager of Pollution Abatement by February 1 and August 1 of each year.(i)Closure requirements.(1)Notification. The Manager of Pollution Abatement shall be notified in writing whenever a commercial recycling facility becomes inactive, is abandoned, or operation of the facility ceases for any reason. A commercial recycling facility may be considered to be inactive by the Commission if: (A) The facility has been shut down by the Commission because of a violation which results in the filing of an application for an order to vacate the operator's authority.(B) The operator is unable to furnish documentation to show that there has been receipt of deleterious substances to be recycled at the facility during the previous twelve months.(C) The authority to operate the facility has been terminated by failure to comply with (k) of this Section.(2)Time limit. Closure of all commercial recycling facilities shall be commenced within 60 days and completed within one year of cessation of operations, pursuant to (1) of this subsection. In cases where extenuating circumstances arise, one extension of six months may be administratively approved in writing by the Manager of Pollution Abatement. Closure shall be in accordance with an approved closure plan. A progress report shall be submitted to the Manager of Pollution Abatement, every three months (during January, April, July, and October) after cessation of operations until closure is completed.(3)Restrictive covenant. The Manager of Pollution Abatement may require a restrictive covenant to be filed with the County Clerk of the county in which a commercial recycling facility is located. The document shall accurately describe the facility location and shall specifically restrict the current or future landowners of the site from puncturing the final cover of any pit utilized in a commercial recycling facility or otherwise disturbing the site to the extent that pollution could occur.(4)Penalty for failure to meet closure requirements. An operator failing to meet the closure requirements set out in this subsection may be fined up to $1,000.00.(j)Additional requirements. The requirements set forth in this Section are minimum requirements. Additional requirements may be made upon a showing of good cause that an operator has a history of complaints for failure to comply with Commission rules and regulations, the site has certain limitations, or other conditions of risk exist.(k)Application to existing facilities. Operators of facilities permitted or ordered prior to the effective date of this Section must either comply with subsections (a), (d)(1), (e), (f)(2), (f)(11), (f)(12), (f)(13), (f)(14), (f)(15), (g), (h), (i), (j) and (m) of this Section or close such facilities within one (1) year of the effective date of this Section. All commercial recycling facilities permitted, but yet to be constructed as of the effective date of this Section, shall also be subject to all of the construction requirements in subsection (f) of this Section.(l)Variances. Except as otherwise provided in this Section, variances from provisions of this Section may be granted for good cause by order after application, notice, and hearing.(m)Compliance history. In the event the Commission has evidence that an applicant for a commercial recycling facility may not possess a satisfactory compliance history with Commission rules, the Director of the Conservation Division may seek an order of the Commission, issued after application, notice, and hearing, determining whether the applicant should be authorized to operate such a facility.Okla. Admin. Code § 165:10-9-4
Added at 27 Ok Reg 2128, eff 7-11-10; Amended at 29 Ok Reg 950, eff 7-1-12Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.Amended by Oklahoma Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019