SECTION 165:10-9-4. Commercial recycling facilities

(a)   Scope. This Section shall cover the permitting, construction, operation, and closure requirements for commercial recycling activities that come within this Section. Commercial recycling operations are authorized by approval of a permit application and issuance of a Commission order granting authority to operate, and a construction permit. Stationary commercial recycling facilities and temporary commercial recycling operations 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 or possess some beneficial properties and uses. This 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). This Section applies to stationary commercial recycling facilities and temporary commercial recycling operations. Applicants shall comply with OAC 165:5-7-1, OAC 165:5-7-35, OAC 165:5-3-1, and this Section.

(b)   Definitions. The following words and terms, when used in this Section, shall have the following meaning:

(1)   "Partially treated waste" means a deleterious substance that has been treated or processed with the intent of being recycled, but which has not been determined to meet the environmental and engineering standards for a recyclable product established in the approved permit or order issued pursuant to this Section.

(2)   "Recyclable product" means a reusable material that has been created from the treatment and/or processing of deleterious substances from recycling operations as authorized by the approved permit and Commission order, and that meets the environmental and engineering standards established in the permit and order for the intended use. A recyclable product is not a deleterious substance(s), but may become a deleterious substance(s) if it is abandoned or disposed of rather than recycled as authorized by the permit or order.

(3)   "Stationary commercial recycling facility" means a facility whose operator receives compensation from others for recycling deleterious substances, with the primary business purpose of the facility being to provide such services for compensation in a fixed location that recycles solid or liquid deleterious substances.

(4)   "Temporary commercial recycling operation" means an operation whose operator receives compensation from others for the recycling of deleterious substances that occurs at a permitted well site, drilling pad, production pad, tank battery pad, access road, or other approved location so long as the recycling operator has surface owner permission for the recycling operation. Temporary commercial recycling operations at such locations shall not exceed a time period of 120 days, and such operations utilize equipment that is transported from one location to another, at which locations all materials are stored in authorized pits, storage cells, containments, and/or tanks.

(c)   Stationary commercial recycling facilities. This subsection addresses the approval, surety, construction, operation, and closure of stationary commercial recycling facilities.

(1)   Permit application.

(A)   Who may apply. The applicant for a permit for a facility shall be the owner of the land or person having a written firm option to purchase the land at the time the permit application is filed with the Pollution Abatement Department on which the proposed facility is to be located.

(B)   Permit application approval. Prior to any construction or use of a facility, applicants must have approval for their permit. Approval may be granted in the form of a letter from the Pollution Abatement Department after review of the permit application. Permits for facilities shall be issued for a term of not more than five years.

(C)   Administrative review. Applications shall contain required information and any additional information requested for review by the Pollution Abatement Department. The Pollution Abatement Department shall not administratively approve a permit application unless the Department has determined that the application is administratively complete. If the Pollution Abatement Department determines that an application is incomplete, the Department shall notify the applicant in writing and shall describe the specific information required to complete the application. Subsequent to issuance of a permit and order granting authority to operate a facility and prior to commencing construction of such facility, the applicant is required to submit to the Department a recorded copy of a deed reflecting that the applicant owns the land which is to be used for the facility.

(2)   Required information. Applicants are required to submit information to the Pollution Abatement Department which shall include, but not be limited to, the following:

(A)   Applicant's name.

(B)   Physical office address and, if different, mailing address.

(C)   Legal description of proposed facility.

(D)   Name, telephone number and email address of contact person.

(E)   A lithologic log of test borings identifying the subsurface materials encountered and the depth at which groundwater was encountered. No facility shall be constructed unless it can be shown that there will be a minimum of 25 feet between the base of the facility 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 base of the facility 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 base of the facility if free water has not been encountered before that depth. All boreholes converted to monitor wells shall conform to (6) of this subsection. 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.

(F)   A topographic map of the proposed facility site.

(G)   The appropriate Soil Conservation Service (SCS) soil survey aerial photo and legend.

(H)   A detailed drawing of the proposed facility, with complete construction plans, which shall include, but not be limited to, mixing areas, staging areas and storm water retention structures.

(I)   For areas where deleterious substances are to be placed outside of pits or other unlined areas, credible engineering and/or geologic information demonstrating that tanks or liners are not necessary for the protection of surface and subsurface water.

(J)   A detailed drawing of all pits to be constructed, showing the bottom, sides, and dikes, reflecting the dimensions of each pit.

(K)   A plan to control and manage storm water runoff and to retain incoming deleterious substances during and after precipitation events, including the locations and dimensions of all berms, dikes and/or storage basins that will collect storm water from the facility.

(L)   A plan for the installation and location of monitoring wells at the facility.

(M)   A brief description of the recycling process, which shall also include the following:

(i)   Description of the types of deleterious substances that will be recycled.

(ii)   Estimated maximum potential daily volume capable of being recycled.

(iii)   Description of any chemicals and/or processes where harmful byproducts could potentially be yielded.

(iv)   Description of any material to be used as aggregates in the recycling process, and the source of aggregates.

(N)   A brief description of the planned end use of a recyclable product, which shall also include the following:

(i)   Description of the end use of the product.

(ii)   Plan for any chemical and engineering testing protocol to insure a quality recycled product.

(iii)   Description of any chemicals and/or processes used in the recycling process where harmful byproducts could potentially be yielded.

(O)   A plan for closure of the facility which shall specifically state how all aspects of closure shall be accomplished, including volume and fate of all deleterious solids and liquids, earthwork to close the facility (including placement of stockpiled topsoil), and revegetation of the site. The plan shall include, but not be limited to, the following:

(i)   An itemization of projected hauling, closure, reclamation, maintenance, and monitoring costs, and

(ii)   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 the Pollution Abatement Department.

(P)   A plan for operation which shall address the method(s) by which excess water will be disposed.

(Q)   The Pollution Abatement Department may require the applicant for a permit to provide the Commission with engineering, geological, or other information which the Department deems necessary to show that the approval of the permit application and resulting commercial recycling operations will not result in the waste of oil, gas, or water resources, the pollution of surface or subsurface water, or a threat to the public health or safety.

(3)   Site limitations.

(A)   No 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.

(B)   No facility shall be constructed or used on or in an abandoned mine, strip pit, quarry, canyon, or streambed.

(C)   No facility shall be constructed or used on any site that is located within a 100-year flood plain.

(D)   No 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.

(E)   Pits shall not be constructed or used at facilities unless it can be shown that there will be a minimum of 25 feet between the base 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 base(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 base(s) of the pit(s) if free water has not been encountered before that depth. All boreholes converted to monitor wells shall conform to (6) of this subsection. 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.

(F)   No facility 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.

(4)   Surety requirements.

(A)   Agreement with Commission. Any operator of a facility shall file with the Surety Department 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.

(B)   Surety amount and type. The Commission shall establish the amount of surety in the permit approval letter and Commission order for the 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, volume of deleterious substances stored on site, final disposal of 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 cashier's check, corporate surety bond, certificate of deposit, or irrevocable letter of credit. Any type of surety that expires shall be renewed prior to 90 days before the expiration date.

(C)   Posting surety before permit issues. An operator shall post surety with the Commission on forms provided by the Surety Department before a construction permit (Form 1014CR) is issued, pursuant to (c)(5) of this Section.

(5)   Construction requirements.

(A)   Construction permit required. Prior to constructing any facility, the facility operator shall obtain a permit from the Pollution Abatement Department. Application shall be made on Form 1014CR.

(B)   Runoff water prohibited. No runoff water from surrounding land surfaces shall be allowed to enter a facility.

(C)   Pit construction. All pits located within the facility shall adhere to construction requirements in OAC 165:10-7-16(c), OAC 165:10-7-16(f)(5), or OAC 165:10-7-33(e), in addition to the following:

(i)   Maximum fluid depth. All pits utilized in a facility shall have a minimum freeboard of three feet.

(ii)   Maximum dimensions. Any pit utilized in a facility shall not be constructed to dimensions greater than that approved in the permit and order and in the application for a permit to use an earthen pit (Form 1014). Pit dimensions shall be measured at the maximum allowable fluid level.

(iii)   Pit liners. Any pit utilized in a facility must be constructed of concrete or contain a geomembrane liner.

(I)   If a pit is constructed of concrete, a leachate collection system shall be installed under each pit.

(II)   Concrete pits must be steel reinforced and have a minimum wall and base thickness of six inches.

(III)   If a geomembrane liner is used, the minimum thickness shall be 40 mil.

(IV)   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.

(V)   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.

(VI)   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.

(VII)   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.

(VIII)   All pits utilized within facilities which receive deleterious substances directly from a truck shall have a splash pad at the point where fluids and semi solids are received. The pad must be constructed of materials and to the dimensions necessary to effectively prevent the liner from eroding and to not cause runoff of deleterious substances.

(6)   Monitor wells.

(A)   Monitor wells must be installed in conjunction with every facility as required by the Pollution Abatement Department.

(B)   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 shall be drilled and completed by a licensed monitor well driller. If documentation is submitted prior to drilling the monitor well to show that no free water will be encountered within a depth of 50 feet from the surface, the Manager of Pollution Abatement may require that monitor wells be drilled to a lesser depth.

(C)   When pits are utilized in a facility 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 Pollution Abatement Department. Monitor wells installed prior to the effective date of this Section may be accepted by the Manager of the Pollution Abatement Department 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 the Pollution Abatement Department prior to drilling the monitor wells to show that no free water will be encountered within 50 feet below the base of any pit, the Manager of the Pollution Abatement Department may require that monitor wells be drilled to a lesser depth.

(D)   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:

(i)   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.

(ii)   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 Pollution Abatement Department.

(7)   Leachate collection system. A facility operator may elect to install a leachate collection system in lieu of monitor wells if such system will adequately detect any leak from a pit. The plan for the leachate collection system must be approved by the Pollution Abatement Department prior to installation of the leachate collection system.

(8)   Hydrologically sensitive areas. If the proposed facility is known to be located over a hydrologically sensitive area, in addition to the foregoing construction requirements, the following additional requirements shall apply:

(A)   For all pits utilized within a facility, in addition to monitoring wells, a leachate collection system shall be installed for each pit.

(B)   A minimum 60-mil geomembrane liner shall be required for each pit.

(C)   The Manager of the Pollution Abatement Department shall determine the minimum depth of all monitor wells.

(9)   Facility approval. Acceptance of materials by a facility shall not commence until a representative of the Conservation Division has inspected and approved the facility.

(10)   Operation and maintenance requirements.

(A)   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.

(B)   Fencing. All facilities shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence.

(C)   Sign. A waterproof sign bearing the name of the facility operator, legal description, most current permit and order number, and emergency phone number shall be posted within 25 feet of the entrance gate to any facility and the sign shall be readily visible.

(D)   Site security. Only acceptable materials shall be received by a facility. All facilities 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 Pollution Abatement Department for the purpose of carrying out inspections.

(E)   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.

(F)   Sampling. The contents of each pit, cell or surface storage area 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 Pollution Abatement Department. The following procedures shall be used:

(i)   The Pollution Abatement Department shall be notified at least 48 hours in advance of sampling to allow a representative an opportunity to witness the sampling.

(ii)   Samples shall be collected and handled by the operator according to procedures and protocol detailed in the submitted permit application and approved by the Pollution Abatement Department.

(iii)   If requested by a representative of the Pollution Abatement Department, each composite sample shall be split and a sufficient portion (approximately one pint) shall be properly labeled and delivered or otherwise provided to the Pollution Abatement Department.

(iv)   All samples delivered to the laboratory shall be accompanied by a chain of custody form.

(v)   All samples must be analyzed 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 Pollution Abatement Department.

(vi)   A copy of each analysis and the chain of custody form shall be forwarded to the Pollution Abatement Department within 30 days of sampling.

(G)   Oil film.

(i)   No pit utilized in a facility shall contain an oil film covering more than one percent of the surface area of the pit.

(ii)   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)].

(H)   Aesthetics. All 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.

(I)   Structural integrity. All pits utilized in 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 earth fill 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 Pollution Abatement Department. The following procedures shall be used:

(A)   The Pollution Abatement Department shall be notified at least 48 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 Pollution Abatement Department, 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.

(D)   All samples delivered to the laboratory shall be accompanied by a chain of custody form.

(E)   All samples must be analyzed for pH, TDS, TPH and chlorides 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 Pollution Abatement Department.

(F)   A copy of each analysis and a statement as to the depth to groundwater encountered in each well, or a written statement that no water was encountered in a monitoring well or leachate collection system, shall be forwarded to the Pollution Abatement Department within 30 days of sampling.

(12)   Record keeping requirements. The date, volume, source (generator, well name, API number, and legal description), and type of material shall be entered into a log book. 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 treatment is completed.

(13)   Prevention of pollution. All 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 facility, the facility can be shut down until completion of cleanup operations. 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.

(14)   Semiannual report. The operator of any facility shall submit a report on Form 1014A to the Pollution Abatement Department by February 1 and August 1 of each year.

(15)   Closure requirements.

(A)   Notification. The Manager of the Pollution Abatement Department shall be notified in writing whenever a facility becomes inactive, is abandoned, or operations cease for any reason. A facility may be considered inactive if:

(i)   The facility has been shut down by the Commission because of a violation.

(ii)   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.

(iii)   The authority to operate the facility has been terminated by failure to comply with (c)(17) of this Section.

(B)   Plugging of monitor wells. Monitor wells shall be plugged in accordance with Oklahoma Water Resources Board rules.

(C)   Time limit. Closure of all facilities shall be commenced within 60 days and completed within one year of cessation of operations, pursuant to (A) of this paragraph. In cases where extenuating circumstances arise, one extension of six months may be administratively approved in writing by the Pollution Abatement Department. Closure shall be in accordance with an approved closure plan. A progress report shall be submitted to the Pollution Abatement Department at the end of each calendar month after cessation of operations until closure is completed.

(D)   Restrictive covenant. The Pollution Abatement Department may require a restrictive covenant to be filed with the County Clerk of the county in which a 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 facility or otherwise disturbing the site to the extent that pollution could occur.

(16)   Additional requirements. The requirements set forth in this subsection 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.

(17)   Application to existing facilities. Operators of all types of commercial recycling facilities permitted or ordered prior to the effective date of this Section must either comply with subsections (a), (c)(4), (c)(5)(B), (c)(5)(C)(iii)(VII), (c)(5)(C)(iii)(VIII), (c)(6), (c)(7), (c)(10), (c)(14), (c)(15), (c)(16) and (c)(19) of this Section or close such facilities within one (1) year of the effective date of this Section. All 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 (c)(5) of this Section.

(18)   Variances. Except as otherwise provided in this subsection, variances from provisions of this subsection may be granted for good cause by order after application, notice, and hearing.

(19)   Compliance history. In the event the Commission has evidence that an applicant for a 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 to vacate the authority to operate.

(d)   Temporary commercial recycling operations. This subsection addresses the approval, construction, operation and closure for temporary commercial recycling operations.

(1)   Permit application.

(A)   Who may apply. The applicant for a permit for an operation shall be the owner of the recycling process.

(B)   Permit application approval. Prior to any operations, applicants must have approval for their permit. Approval may be granted by Commission order or in the form of a letter from the Pollution Abatement Department after review of the permit application. Orders and permits for operations shall be issued for terms of not more than five years.

(C)   Administrative review. Applications shall contain required information and any additional information requested for review by the Pollution Abatement Department. The Pollution Abatement Department shall not administratively approve a permit unless the Department has determined that the application is administratively complete. If the Pollution Abatement Department determines that an application is incomplete, the Manager of the Department shall notify the applicant in writing and shall describe the specific information required to complete the application.

(2)   Required information. Applicants are required to submit information to the Pollution Abatement Department which shall include, but not be limited, to the following:

(A)   Applicant's name.

(B)   Physical office address and, if different, mailing address.

(C)   Legal description of the proposed area of operation.

(D)   Name, telephone number and email address of contact person.

(E)   A drawing of a proposed site, which shall include, but not be limited to, mixing areas, location of any pits, staging areas and storm water retention structures.

(F)   A brief description of the recycling process, which shall also include the following:

(i)   Description of the types of deleterious substances that will be recycled.

(ii)   Estimated maximum potential daily volume capable of being recycled.

(iii)   Description of any chemicals and/or processes where harmful byproducts could potentially be yielded.

(iv)   Description of any material to be used as aggregates in the recycling process, and the source of aggregates.

(G)   A brief description of the planned end use of a recyclable product, which shall also include the following:

(i)   Description of the end use of the product.

(ii)   Plan for any chemical and engineering testing protocol to insure a quality recycled product.

(iii)   Description of any chemicals and/or processes used in the recycling process where harmful byproducts could potentially be yielded.

(H)   A plan which shall address the method(s) by which excess water will be disposed.

(I)   A plan for closure of a site which shall address the following:

(i)   Removal and/or disposal of aggregate, waste, partially treated waste and/or unused recycled product.

(ii)   Closure and removal of all storage areas, cells, pits, tanks, equipment and other debris used in the recycling process.

(J)   The Pollution Abatement Department may require the applicant for a permit or order to provide the Commission with engineering, geological, environmental or other information which the Department deems necessary to show that the approval of the permit application or order and resulting commercial recycling operations will not result in the waste of oil, gas, or water resources, the pollution of surface or subsurface water, or a threat to the public health or safety.

(3)   Site limitations.

(A)   No operations shall be conducted 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.

(B)   No operations can be conducted on or in an abandoned mine, strip pit, quarry, canyon, or streambed.

(C)   No operations can be conducted on any site that is located within a 100-year flood plain.

(D)   No operations shall be conducted 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.

(4)   Surety requirements.

(A)   Agreement with Commission. An operator shall file with the Surety Department 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 a site 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.

(B)   Surety amount and type. The Commission shall establish the amount of surety in the permit approval letter or order for the site. The amount of surety shall be based on factors such as dimensions of the site and costs of closure, reclamation, monitoring, plugging of monitor wells, any pit closure, volume of deleterious substances stored on site, final disposal of deleterious substances, remediation, earth work, revegetation, etc. The amount may be subject to change for good cause. Upon approved closure of a site, the Manager of the Pollution Abatement Department 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 cashier's check, corporate surety bond, certificate of deposit, or irrevocable letter of credit. Any type of surety that expires shall be renewed prior to 90 days before the expiration date.

(C)   Posting surety before construction permit is issued. An operator shall post surety with the Commission on forms provided by the Surety Department before a construction permit (Form 1014CR) is issued, pursuant to (d)(5) of this subsection.

(5)   Construction requirements.

(A)   Permit required. Prior to construction of any site, the operator shall obtain a construction permit from the Pollution Abatement Department. Application shall be made on Form 1014CR.

(B)   Runoff water prohibited. No runoff water from surrounding land surfaces shall be allowed to enter the site during operations.

(6)   Operation and maintenance requirements.

(A)   Fencing. All operations shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence while operations are occurring.

(B)   Sign. A waterproof sign bearing the name of the operator, legal description, most current permit or order number, and emergency phone number shall be posted within 25 feet of the entrance gate while any aspect of operations are being conducted and the sign shall be readily visible.

(C)   Site security. Only acceptable materials shall be received by an operation. 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 Pollution Abatement Department for the purpose of carrying out inspections.

(D)   Fluid level. Deleterious substances shall not be accepted into any pit unless the appropriate freeboard can be maintained.

(E)   Oil film.

(i)   No pit utilized in operations shall contain an oil film covering more than one percent of the surface area of the pit.

(ii)   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)].

(F)   Aesthetics. All operation sites 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.

(G)   Structural integrity. All pits, storage areas, and tanks utilized during operations 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 earth fill shall be repaired immediately upon discovery.

(7)   Record keeping requirements. The date, volume, source (generator, well name, API number, and legal description), and type of material shall be entered into a log book. 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 three years after treatment is completed.

(8)   Prevention of pollution. All sites 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 site, the site can be shut down until completion of cleanup operations. 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.

(9)   Semiannual report. The operator of any site shall submit a report on Form 1014A to the Pollution Abatement Department by February 1 and August 1 of each year.

(10)   Closure requirements. The Manager of the Pollution Abatement Department shall be notified in writing whenever a site becomes inactive, is abandoned, or operations cease for any reason. A site may be considered to be inactive if:

(A)   The operation has been shut down by the Commission because of a violation.

(B)   The operator is unable to furnish documentation to show that there has been receipt of deleterious substances to be recycled at any site during the previous twelve months.

(C)   The authority to operate the site has been terminated by failure to comply with (d)(12) of this Section.

(11)   Additional requirements. The requirements set forth in this subsection 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.

(12)   Application to existing operations. Operators of facilities permitted or ordered prior to the effective date of this Section must either comply with (a), (d)(4), (d)(6), (d)(9), (d)(10), (d)(11), and (d)(14), of this Section or close such facilities within one (1) year of the effective date of this Section. All sites 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 (d)(5) of this subsection.

(13)   Variances. Except as otherwise provided in this subsection, variances from provisions of this subsection may be granted for good cause by order after application, notice, and hearing.

(14)   Compliance history. In the event the Commission has evidence that an applicant for operations 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 to vacate the authority to operate.

[Source: Added at 27 Ok Reg 2128, eff 7-11-10; Amended at 29 Ok Reg 950, eff 7-1-12; Amended at 32 Ok Reg 768, eff 8-27-15; Amended at 33 Ok Reg 593, eff 8-25-16; Amended at 34 Ok Reg 921, eff 9-11-17; Amended at 35 Ok Reg 973, eff 9-14-18; Amended at 36 Ok Reg 534, eff 8-1-19; Amended at 37 Ok Reg 1121, eff 1-1-20]