2 Colo. Code Regs. § 404-1-907

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 404-1-907 - CENTRALIZED E&P WASTE MANAGEMENT FACILITIES

a.Applicability. Operators may establish non-commercial, Centralized E&P Waste Management Facilities for the treatment, disposal, recycling, or beneficial reuse of E&P Waste. This Rule 907 applies only to non-commercial facilities, which means the Operator does not represent itself as providing E&P Waste management services to third parties, except as part of a unitized area or joint operating agreement or in response to an emergency. Centralized E&P Waste Management Facilities may include components such as Land Treatment or Land Application sites, Pits, and recycling equipment.

b.Permit Requirements. Before any Operator commences construction of a Centralized E&P Waste Management Facility, the Operator will file and obtain the Director's approval of an application on a Form 28, Centralized E&P Waste Management Facility Permit, and pay a filing fee established by the Commission (see Appendix III). The Operator will submit a Form 28 application at the same time it submits any permit applications required by the Commission's 300 Series Rules, if any, including an Oil and Gas Development Plan or a Form 2A. In addition, the Form 28 will contain the following:

(1) The name, address, phone and email address of the Operator, and a designated contact person.

(2) The name, address, phone number, email address, and written authorization of the Surface Owner of the site, if not the Operator.

(3) The legal description of the site.

(4) A general topographic, geologic, and hydrologic description of the site, including immediately adjacent land uses and a topographic map of a scale no less than 1:24,000 showing the location and the average annual precipitation and evaporation rates at the site.

(5)Centralized E&P Waste Management Facility Siting Requirements.

A. A site plan showing drainage patterns and any diversion or containment structures, and facilities such as roads, fencing, tanks, Pits, buildings, and other construction details.

B. Scaled drawings of entire sections containing the proposed facility. The field measured distances from the nearer north or south and nearer east or west section lines will be measured at 90 degrees from said section lines to facility boundaries and referenced on the drawing. A survey will be provided including a complete description of established monuments or collateral evidence found and all aliquot corners.

C. The facility will be designed to control public access, prevent unauthorized vehicular traffic, provide for site security both during and after operating hours, and prevent illegal dumping of wastes. Appropriate measures will also be implemented to prevent access to the Centralized E&P Waste Management Facility by wildlife or domestic animals.

D. Centralized E&P Waste Management Facilities will have a fire lane of at least 10 feet in width around the perimeter of the active treatment areas and within the facility fencing. In addition, a buffer zone of at least 10 feet will be maintained within the perimeter fire lane.

E. Surface water diversion structures, including but not limited to berms and ditches, will be constructed to accommodate a 100-year, 24-hour storm event. The facility will be designed and constructed with a run-on control system to prevent flow onto the facility during peak discharge and a run-off control system to contain the water volume from a 25-year, 24-hour storm event.

F. Operators will provide evidence that they have complied with any Relevant Local Government land use regulations and facility siting or construction or operation requirements.

G. Operators will not construct new Centralized E&P Waste Management Facilities within 2,000 feet of the nearest Building Unit or High Occupancy Building Unit, unless all Building Unit owners and tenants within 2,000 feet consent to a closer location.

(6)Waste Profile. For each type of waste, Operators will estimate the amounts to be received and managed by the facility on a monthly average basis. For each waste type to be treated, Operators will complete a characteristic waste profile, which will include analysis of representative waste samples by an accredited laboratory.

(7)Facility Design and Engineering. Facility design and engineering data, incorporating Best Management Practices, including plans and elevations, design basis, calculations, and process description. Facility design, engineering, and as-constructed plans will be reviewed and stamped by a Colorado Professional Engineer ("P.E.").

A. Geologic data, including, but not limited to:

i. Type and thickness of unconsolidated soils;

ii. Type and thickness of consolidated bedrock, if applicable;

iii. Local and regional geologic structures; and iv. Any Geologic Hazards that may affect the design and operation of the facility.

B. Hydrologic data, including, but not limited to:

i. Water wells within 1 mile of the site boundary including, but not limited to, information such as well construction details, total depth, static water level, screened interval(s), yields, and Aquifer name(s).

ii. Surface water features within 2 miles;

iii. Site location in relation to the Floodplain of nearby surface water features;

iv. Depth to Groundwater, including specifically identifying the shallowest unconfined Groundwater and any underlying Groundwater formations;

v. Existing quality of the shallowest Groundwater;

vi. Hydrologic properties of the shallowest Groundwater at the location including flow direction, flow rate, and potentiometric surface; and

vii. An evaluation of the potential for impacts to nearby surface water and Groundwater.

C. Engineering data, including, but not limited to:

i. Type and quantity of material required for use as a liner, including design components;

ii. Location and depth of cut for liners;

iii. Design of leak detection system for Pits or other containment systems;

iv. Location, dimensions, and grades of all surface water diversion structures;

v. Location and dimensions of all surface water containment structures; and

vi. Location of all proposed facility structures and access roads.

(8)Operating Plan. An operating plan, incorporating Best Management Practices, including, but not limited to:

A. A detailed description of the method of treatment, loading rates, and application of nutrients and soil amendments;

B. Dust and moisture control;

C. Sampling;

D. Inspection and maintenance;

E. Emergency response;

F. Recordkeeping;

G. Site security;

H. Hours of operation;

I. Stormwater management plan;

J. Noise, visual impacts, and odor mitigation; and

K. Final disposition of waste. If the Operator intends to beneficially reuse treated waste, the Operator will describe the reuse and method of product quality assurance.

(9)Groundwater Monitoring.

A.Water Wells. Operators will collect water samples from water wells known to the Operator or registered with the Colorado State Engineer, following all protocols established by Rule 615, except that the Operator will collect water samples from known water wells within 1 mile of the proposed Centralized E&P Waste Management Facility. An Operator may request an exception from the requirements of this Rule 907.b.(9).A by submitting a Form 4 pursuant to Rule 615.c.

B.Site-Specific Monitoring Wells.

i. As a condition of approval, the Director may require the Operator to install site-specific monitoring wells to ensure compliance with the concentration levels in Table 915-1 and WQCC Regulation 41, as incorporated by reference in Rule 901.b, by establishing Points of Compliance.

ii. All monitoring well construction must be completed pursuant to the State Engineer's Water Well Construction and Permitting Rules, as incorporated by reference in Rule 901.b.

iii. Where monitoring is required, the direction of flow, Groundwater gradient, and quality of water will be established by the installation of a minimum of 3 monitor wells, including an up-gradient well and 2 down-gradient wells that will serve as Points of Compliance, or other methods authorized by the Director.

iv. The Operator will propose for prior Director approval monitoring schedules, reporting schedules, and appropriate analyte lists.

(10)Surface Water Monitoring. Where applicable, the Director will require baseline and periodic surface water monitoring to ensure compliance with WQCC surface water standards and classifications, including narrative standards. Operators will use reasonable good faith efforts to obtain access to such surface water for the purpose of collecting water samples. If access cannot be obtained, then the Operator will notify the Director of the surface water for which access was not obtained and sampling of such surface water by the Operator will not be required.

(11)Contingency Plan. A contingency plan that describes the emergency response operations for the facility, 24-hour contact information for the person who has authority to initiate emergency response actions, contact information of local emergency response authorities, and an outline of responsibilities under any joint operating agreement regarding maintenance, operations, closure, and monitoring of the facility.

c.Permit Review.

(1) Within 90 days of the submission for a Form 28, the Director will issue a determination about whether the Form 28 application is complete.

(2) The Director may approve the Centralized E&P Waste Management Facility permit if it protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. The Director may require any conditions of approval that are determined to be necessary and reasonable to protect public health, safety, welfare, the environment, and wildlife resources, or to the extent necessary to ensure compliance with the concentration levels in Table 915-1, or WQCC Regulation 41 Groundwater standards and classifications, as incorporated by reference in Rule 901.b.

(3) The Director may deny a Centralized E&P Waste Management Facility permit if it does not adequately protect and minimize impacts to public health, safety, welfare, the environment, and wildlife resources.

d.Financial Assurance. The Operator of a Centralized E&P Waste Management Facility will submit for the Director's approval such Financial Assurance as required by Rule 703.a prior to the Director approving the Form 28.

e.Facility Modifications. Throughout the life of the facility, the Operator will submit proposed modifications to the facility design, operating plan, permit data, or permit conditions to the Director for prior approval through a Form 4.

f.Permit Expiration. The Form 28 will expire 3 years after approval if the Operator has not commenced construction of the permitted facility.

g.Annual Permit Review. To ensure compliance with permit conditions and the Commission's Rules, the facility permit will be subject to an annual review by the Director. To facilitate this review, the Operator will submit an annual report summarizing operations, including the types and volumes of waste handled at the facility. The Director may require additional information.

h.Closure.

(1)Preliminary Closure Plan. A general preliminary plan for closure will be submitted with the Form 28. The preliminary closure plan will include, but not be limited to:

A. A general plan for closure and Reclamation of the entire facility, including a description of the activities required to decommission and remove all equipment, close and reclaim Pits, dispose of or treat residual waste, collect samples as needed to verify compliance with soil and Groundwater standards, implement post-closure monitoring, and complete other Remediation, as required.

B. An estimate of the cost to close and reclaim the entire facility and to conduct post-closure monitoring. Cost estimates will be subject to review by the Director to verify that the Financial Assurance provided pursuant to Rules 907.d & 703.a is appropriate.

(2)Final Closure Plan. The Operator will submit a detailed Form 27 at least 60 days prior to closure for approval or denial by the Director. The workplan will include, but not be limited to, a description of the activities required to decommission and remove all equipment, close and reclaim Pits, dispose of or treat residual waste, collect samples as needed to verify compliance with soil and Groundwater standards, implement post-closure monitoring, and complete other Remediation and Reclamation, as required.

2 CCR 404-1-907

37 CR 16, August 25, 2014, effective 9/30/2014

38 CR 01, January 10, 2015, effective 2/14/2015

38 CR 03, February 10, 2015, effective 3/2/2015

38 CR 07, April 10, 2015, effective 4/30/2015

38 CR 16, August 25, 2015, effective 9/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 06, March 25, 2018, effective 5/1/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 17, September 10, 2019, effective 9/30/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 13, July 10, 2020, effective 11/2/2020

43 CR 24, December 25, 2020, effective 1/15/2021

45 CR 07, April 10, 2022, effective 4/30/2022

45 CR 09, May 10, 2022, effective 5/30/2022

45 CR 13, July 10, 2022, effective 7/30/2022