| (C) Basic sediment pits. A person shall not deposit
or cause to be deposited into a basic sediment pit any oil field fluids
or oil and gas wastes other than basic sediment removed from a production
vessel or from the bottom of an oil storage tank. Although a person
may store basic sediment in a basic sediment pit, a person may not
deposit oil or free saltwater in the pit. The total capacity of a
basic sediment pit shall not exceed a capacity of 50 barrels. The
area covered by a basic sediment pit shall not exceed 250 square feet.
(D) Flare pits. A person shall not deposit or cause
to be deposited into a flare pit any oil field fluids or oil and gas
wastes other than the hydrocarbons designed to go to the flare during
upset conditions at the well, tank battery, or gas plant where the
pit is located. A person shall not store liquid hydrocarbons in a
flare pit for more than 48 hours at a time.
(E) Fresh makeup water pits and fresh mining water
pits. A person shall not deposit or cause to be deposited into a fresh
makeup water pit any oil and gas wastes or any oil field fluids other
than fresh water used to make up drilling fluid or hydraulic fracturing
fluid. A person shall not deposit or cause to be deposited into a
fresh mining water pit any oil and gas wastes or any oil field fluids
other than water used for solution mining of brine.
(F) Water condensate pits. A person shall not deposit
or cause to be deposited into a water condensate pit any oil field
fluids or oil and gas wastes other than fresh water condensed from
natural gas and collected at gas pipeline drips or gas compressor
stations.
(G) Non-commercial fluid recycling pits.
(i) A person shall not deposit or cause to be deposited
into a non-commercial fluid recycling pit any oil field fluids or
oil and gas wastes other than those fluids described in subsection
(a)(42) of this section.
(ii) All pits shall be sufficiently large to ensure
adequate storage capacity and freeboard taking into account anticipated
precipitation.
(iii) All pits shall be designed to prevent stormwater
runoff from entering the pit. If a pit is constructed with a dike
or berm, the height, slope, and construction material of such dike
or berm shall be such that it is structurally sound and does not allow
seepage.
(iv) A freeboard of at least two feet shall be maintained
at all times.
(v) All pits shall be lined. The liner shall be designed,
constructed, and installed to prevent any migration of materials from
the pit into adjacent subsurface soils, ground water, or surface water
at any time during the life of the pit. The liner shall be installed
according to standard industry practices, shall be constructed of
materials that have sufficient chemical and physical properties, including
thickness, to prevent failure during the expected life of the pit.
All liners shall have a hydraulic conductivity that is 1.0 x 10-7 cm/sec or less. A liner may be constructed
of either natural or synthetic materials.
(I) Procedures shall be in place to routinely monitor
the integrity of the liner of pit. If liner failure is discovered
at any time, the pit shall be emptied and the liner repaired prior
to placing the pit back in service. Acceptable monitoring procedures
include an annual visual inspection of the pit liner or the installation
of a double liner and leak detection system. Alternative monitoring
procedures may be approved by the director if the operator demonstrates
that the alternative is at least equivalent in the protection of surface
and subsurface water as the provisions of this section.
(II) The liner of a pit with a single liner shall be
inspected annually to ensure that the liner has not failed. This inspection
shall be completed by emptying the pit and visually inspecting the
liner.
(III) If the operator does not propose to empty the
pit and inspect the pit liner on at least an annual basis, the operator
shall install a double liner and leak detection system. A leak detection
system shall be installed between a primary and secondary liner. The
leak detection system must be monitored on a monthly basis to determine
if the primary liner has failed. The primary liner has failed if the
volume of water passing through the primary liner exceeds the action
leakage rate, as calculated using accepted procedures, or 1,000 gallons
per acre per day, whichever is larger.
(IV) The operator of the pit shall keep records to
demonstrate compliance with the pit liner integrity requirements and
shall make the records available to commission personnel upon request.
(vi) The operator of the pit shall provide written
notification to the district director prior to construction of the
pit, or prior to the use of an existing pit as a non-commercial fluid
recycling pit. Such notification shall include:
(I) the location of the pit including the lease name
and number or drilling permit number and the latitude and longitude;
(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.
Cont'd... |
