| (II) the dimensions and maximum capacity of the pit;
and
(III) a signed statement that the operator has written
permission from the surface owner of the tract upon which the pit
is located for construction and use of the pit for such purpose.
(vii) Equipment, machinery, waste, or other materials
that could reasonably be expected to puncture, tear, or otherwise
compromise the integrity of the liner shall not be used or placed
in lined pits.
(viii) The pit shall be inspected periodically by the
operator for compliance with the applicable provisions of this section.
(H) Backfill requirements.
(i) A person who maintains or uses a reserve pit, mud
circulation pit, fresh makeup water pit, fresh mining water pit, completion/workover
pit, basic sediment pit, flare pit, non-commercial fluid recycling
pit, or water condensate pit shall dewater, backfill, and compact
the pit according to the following schedule.
(I) Reserve pits and mud circulation pits which contain
fluids with a chloride concentration of 6,100 mg/liter or less and
fresh makeup water pits shall be dewatered, backfilled, and compacted
within one year of cessation of drilling operations.
(II) Reserve pits and mud circulation pits which contain
fluids with a chloride concentration in excess of 6,100 mg/liter shall
be dewatered within 30 days and backfilled and compacted within one
year of cessation of drilling operations.
(III) All completion/workover pits used when completing
a well shall be dewatered within 30 days and backfilled and compacted
within 120 days of well completion. All completion/workover pits used
when working over a well shall be dewatered within 30 days and backfilled
and compacted within 120 days of completion of workover operations.
(IV) Basic sediment pits, flare pits, fresh mining
water pits, non-commercial fluid recycling pits, and water condensate
pits shall be dewatered, backfilled, and compacted within 120 days
of final cessation of use of the pits.
(V) If a person constructs a sectioned reserve pit,
each section of the pit shall be considered a separate pit for determining
when a particular section should be dewatered.
(ii) A person who maintains or uses a reserve pit,
mud circulation pit, fresh makeup water pit, non-commercial fluid
recycling pit, or completion/workover pit shall remain responsible
for dewatering, backfilling, and compacting the pit within the time
prescribed by clause (i) of this subparagraph, even if the time allowed
for backfilling the pit extends beyond the expiration date or transfer
date of the lease covering the land where the pit is located.
(iii) The director may require that a person who uses
or maintains a reserve pit, mud circulation pit, fresh makeup water
pit, fresh mining water pit, completion/workover pit, basic sediment
pit, flare pit, non-commercial fluid recycling pit, or water condensate
pit backfill the pit sooner than the time prescribed by clause (i)
of this subparagraph if the director determines that oil and gas wastes
or oil field fluids are likely to escape from the pit or that the
pit is being used for improper storage or disposal of oil and gas
wastes or oil field fluids.
(iv) Prior to backfilling any reserve pit, mud circulation
pit, completion/workover pit, basic sediment pit, flare pit, non-commercial
fluid recycling pit, or water condensate pit whose use or maintenance
is authorized by this paragraph, the person maintaining or using the
pit shall, in a permitted manner or in a manner authorized by paragraph
(3) of this subsection, dispose of all oil and gas wastes which are
in the pit.
(I) Unless otherwise approved by the district director
after a showing that the fluids will be confined in the pit at all
times, all authorized pits shall be constructed, used, operated, and
maintained at all times outside of a 100-year flood plain as that
term is defined in subsection (a) of this section. The operator may
request a hearing if the district director denies approval of the
request to construct a pit within a 100-year flood plain.
(II) In the event of an unauthorized discharge from
any pit authorized by this paragraph, the operator shall take any
measures necessary to stop or control the discharge and report the
discharge to the district office as soon as possible.
(5) Responsibility for disposal.
(A) Permit required. No generator or receiver may knowingly
utilize the services of a carrier to transport oil and gas wastes
if the carrier is required by this rule to have a permit to transport
such wastes but does not have such a permit. No carrier may knowingly
utilize the services of a second carrier to transport oil and gas
wastes if the second carrier is required by this rule to have a permit
to transport such wastes but does not have such a permit. No generator
or carrier may knowingly utilize the services of a receiver to store,
handle, treat, reclaim, or dispose of oil and gas wastes if the receiver
is required by statute or commission rule to have a permit to store,
handle, treat, reclaim, or dispose of such wastes but does not have
such a permit. No receiver may knowingly utilize the services of a
second receiver to store, handle, treat, reclaim, or dispose of oil
and gas wastes if the second receiver is required by statute or commission
rule to have a permit to store, handle, treat, reclaim, or dispose
of such wastes but does not have such a permit. Any person who plans
to utilize the services of a carrier or receiver is under a duty to
determine that the carrier or receiver has all permits required by
the Oil and Gas Division to transport, store, handle, treat, reclaim,
or dispose of oil and gas wastes.
(B) Improper disposal prohibited. No generator, carrier,
receiver, or any other person may improperly dispose of oil and gas
wastes or cause or allow the improper disposal of oil and gas wastes.
A generator causes or allows the improper disposal of oil and gas
wastes if:
(i) the generator utilizes the services of a carrier
or receiver who improperly disposes of the wastes; and
(ii) the generator knew or reasonably should have known
that the carrier or receiver was likely to improperly dispose of the
wastes and failed to take reasonable steps to prevent the improper
disposal.
(6) Permits.
(A) Standards for permit issuance. A permit to maintain
or use a pit for storage of oil field fluids or oil and gas wastes
may only be issued if the commission determines that the maintenance
or use of such pit will not result in the waste of oil, gas, or geothermal
resources or the pollution of surface or subsurface waters. A permit
to dispose of oil and gas wastes by any method, including disposal
into a pit, may only be issued if the commission determines that the
disposal will not result in the waste of oil, gas, or geothermal resources
or the pollution of surface or subsurface water. A permit to maintain
or use any unlined brine mining pit or any unlined pit, other than
an emergency saltwater storage pit, for storage or disposal of oil
field brines, geothermal resource waters, or other mineralized waters
may only be issued if the commission determines that the applicant
has conclusively shown that use of the pit cannot cause pollution
of surrounding productive agricultural land nor pollution of surface
or subsurface water, either because there is no surface or subsurface
water in the area of the pit, or because the surface or subsurface
water in the area of the pit would be physically isolated by naturally
occurring impervious barriers from any oil and gas wastes which might
escape or migrate from the pit. Permits issued pursuant to this paragraph
will contain conditions reasonably necessary to prevent the waste
of oil, gas, or geothermal resources and the pollution of surface
and subsurface waters. A permit to maintain or use a pit will state
the conditions under which the pit may be operated, including the
conditions under which the permittee shall be required to dewater,
backfill, and compact the pit. Any permits issued pursuant to this
paragraph may contain requirements concerning the design and construction
of pits and disposal facilities, including requirements relating to
pit construction materials, dike design, liner material, liner thickness,
procedures for installing liners, schedules for inspecting and/or
replacing liners, overflow warning devices, leak detection devices,
and fences. However, a permit to maintain or use any lined brine mining
pit or any lined pit for storage or disposal of oil field brines,
geothermal resource waters, or other mineralized waters will contain
requirements relating to liner material, liner thickness, procedures
for installing liners, and schedules for inspecting and/or replacing
liners.
(B) Application. An application for a permit to maintain
or use a pit or to dispose of oil and gas wastes shall be filed with
the commission in Austin. The applicant shall mail or deliver a copy
of the application to the appropriate district office on the same
day the original application is mailed or delivered to the commission
in Austin. A permit application shall be considered filed with the
commission on the date it is received by the commission in Austin.
When a commission-prescribed application form exists, an Cont'd... |
