Okla. Admin. Code § 165:10-7-16
Current through Vol. 42, No. 2, October 1, 2024
Section 165:10-7-16 - Use of noncommercial pits(a)Scope. This Section shall cover the permitting, construction, operation, and closure requirements for any noncommercial pit. A noncommercial pit is an earthen pit which is located either on-site or off-site and is used for the handling, storage, or disposal of drilling fluids and/or other deleterious substances produced, obtained, or used in connection with the drilling and/or operation of a well or wells, and is operated by the generator of the waste. This does not cover disposal well pits. (See 165:10-7-20 and 165:10-9-3.)(b)Liner requirements.(1)Reserve/circulation and/or completion/fracture/workover pits.(A) To assist in determining the construction requirements for a particular proposed reserve/circulation pit, either on-site or off-site, the operator of the pit shall indicate on Form 1000 the type of mud system(s) to be used, the maximum and average anticipated chloride concentration of the mud (based on drilling records in the area), whether or not pit fluids will be segregated, and shall furnish other information required by this Section or requested by the Commission's Technical Services Department.(B) The Commission's Technical Services Department shall evaluate the site based upon Oklahoma Geological Survey maps and other pertinent information and shall assign one of the following categories to any proposed reserve/circulation pit, designating same on Form 1000 and indicating whether or not a liner is required: (i)Category 1A - Geomembrane liner.(I)Water based drilling fluid containment and/or water-based completion/fracture/workover fluid containment located over a alluvial deposit or in a near surface static water level environment. Any pit used to contain water-based drilling fluids, cuttings and/or completion/fracture/workover fluids located in alluvial deposit area or an area where the static water table is within 10 feet of the surface shall utilize a geomembrane liner for all drilling fluids and cuttings and/or completion/fracture/workover fluids.(II)Water-based drilling fluid containment and/or water-based completion/fracture/workover fluid containment located within a wellhead protection area. Any pit used to contain water-based drilling fluids, cuttings and/or completion/fracture/workover fluids located within a wellhead protection area (WPA) as identified by the Wellhead Protection Program ( 42 U.S.C. Section 300h-7, Safe Drinking Water Act), or within one mile of public water well for which the WPA has not been delineated, shall be required to have a geomembrane liner.(ii)Category 1B - Soil liner or geomembrane liner.(I)Water-based drilling fluid containment and/or water-based completion/fracture/workover fluid containment located over a terrace deposit. Any pit used to contain water-based drilling fluids, cuttings and/or completion/fracture/workover fluids located over a terrace deposit shall be required to have either a soil liner or a geomembrane liner.(II)Water-based drilling fluid containment and/or water-based completion/fracture/workover fluid containment located over a bedrock aquifer or Hydrologically Sensitive Area (HSA). Any pit used to contain water-based drilling fluids, cuttings and/or completion/fracture/workover fluids located over any bedrock aquifer or HSA and is used to contain water-based drilling fluids and/or cuttings and/or completion/ fracture/workover fluids with chlorides in excess 5,000 mg/l shall be required to have a soil liner or a geomembrane liner. A separate unlined pit may be used to contain fluids and/or cuttings with a chloride content of less than of 5,000 mg/l.(iii)Category 2 - Water-based/other situations. Any pit which is used to contain water-based drilling fluids, cuttings and/or completion/fracture/workover fluids with a set of conditions different from Categories 1A and 1B shall not be required to be lined.(iv)Category 3 - Oil-based. Any pit used to contain oil-based drilling fluids, cuttings and/or completion/fracture/workover fluids shall be required to have a geomembrane liner.(v)Category 4 - Air-based. Any pit used to contain the cuttings from an air-based system shall not be required to be lined. The discharge of produced water into a category 4 pit is prohibited.(2)Other type pits.(A) Any basic sediment pit shall be required to have a geomembrane liner.(B) Any emergency pit shall not be required to be lined.(C) Any flare pit shall not be required to be lined.(D) Any recycling/reuse pit, spill containment pit, slit trench, or remediation pit shall conform to the same criteria for determining liner requirements for reserve/circulation and/or completion/fracture/workover pits, pursuant to (b)(1) of this Section.(3)Converted pits. Any pit that is to be converted from one use to another, e.g., reserve pit to completion or fracture pit, shall have the more stringent liner requirements, pursuant to (c)(6) and (c)(7) of this Section.(4)Offsite pits. Any offsite pit shall conform to the liner requirements in this Section and will require a permit. The operator of the proposed pit shall submit Form 1014 to the appropriate Conservation Division District Office for review and approval. No offsite reserve pit may be permitted or constructed at a spacing closer than one pit per governmental quarter quarter section and a distance less than 600 feet from any other pit. Any offsite reserve pit may be reclassified or considered as a commercial pit, pursuant to 165:10-9-1, if it is constructed or used at a spacing closer than one reserve pit per governmental quarter quarter section. Closure of any offsite reserve pit shall not warrant the permitting of another offsite reserve pit within the same governmental quarter quarter section. For use of a pit without a permit, the pit operator may be fined up to $1,000.00.(5)Variances. Any variance from the liner requirements of this Section may be granted by the Manager of the Technical Services Department after receipt of a written request and supporting documentation required by the Department.(c)Construction requirements.(1)Field or area rules. Any noncommercial pit which is to be constructed or used in an area covered by a field or area rule shall be subject to the more stringent requirements of either this Section or the field or area rule.(2)Stockpiling of topsoil. Prior to constructing any noncommercial pit, except an emergency pit, all top soil within the top twelve inches shall be stripped and stockpiled for use as the final cover of fill at the time of closure. The top soil may be stockpiled in the berms, provided it is not mixed with other materials and can be readily distinguishable from other materials at the time of closure.(3)Exclusion of runoff water. Any noncommercial pit shall be constructed and maintained so that runoff water from outside the location is not allowed to enter it.(4)Flood protection. Any noncommercial pit which is constructed in any area subject to frequent flooding according to the Soil Conservation Service County Soil Survey shall have berms substantial enough to prevent overtopping or washing out.(5)Constructing on fill. Any noncommercial pit which requires a liner and is constructed on fill shall be constructed so that the maximum level of the solid contents will be maintained at least three feet below the natural ground level.(6)Soil liners.(A) Soil materials used or to be used in a soil liner shall undergo permeability testing either before or after construction, unless exempt pursuant to (B) of this paragraph. (i) Pre-construction permeability testing shall consist of laboratory permeability tests on at least two specimens of representative soil liner materials compacted in the laboratory to approximately 90 percent of the material's Standard Proctor Density (ASTM D-698).(ii) Post-construction permeability testing shall consist of at least two laboratory permeability tests on undisturbed samples of the completed soil liner or one field permeability test on the completed soil liner. Particular emphasis shall be placed on selecting the location(s) for permeability tests or test samples where nonuniformity in soil texture or color can be observed.(iii) Laboratory permeability test procedures must conform to one of the methods described for fine-grained soils in the Corps of Engineers Manual EM-1110-2-1906 Appendix VII. In no case shall the pressure differential across the specimen exceed five feet of water per inch of specimen length. Field permeability tests shall be conducted only by the double ring infiltrometer method as described in ASTM D-3385. Permeability tests may be discontinued prior to flow stabilization upon satisfactory evidence that the permeability rate is less than 1.0 X 10 -6 cm/sec.(iv) If permeability testing shows that addition of bentonite or other approved material is needed to assist the native soils in meeting the permeability standard, it shall be applied at a minimum rate specified by the testing or engineering firm. Any bentonite used for liner material shall not have been previously used in drilling muds.(B) Permeability testing requirements for soil materials may be exempt if laboratory testing of a minimum of two representative samples of the soil materials found throughout the entire depth of the proposed excavation indicates that the plasticity index is greater than 16 (ASTM D-4318) and that the amount passing the No. 200 U.S. standards sieve is greater than 60 percent (ASTM D-1140).(C) Any soil liner shall be constructed by disturbing the soil to the depth of the bottom of the liner, applying fresh water as necessary to the soil materials to achieve a moisture content wet of optimum, then recompacting it with heavy construction equipment, such as a footed roller, until the required density is achieved, pursuant to (H) of this paragraph.(D) Any soil liner shall cover the bottom and interior sides of the pit entirely.(E) Any soil liner shall be installed on a slope no steeper than 3:1 (horizontal to vertical).(F) Any soil liner shall have a minimum thickness of six inches (after compaction), and shall have a maximum coefficient of permeability of 1.0 x 10 -6 cm/sec, unless it conforms to (G) of this paragraph.(G) A soil liner may have a coefficient of permeability greater than 1.0 x 10 -6 cm/sec if it is greater in thickness and constructed in accordance with the following: (i) A minimum twelve inch compacted soil liner shall have a maximum coefficient of permeability of 2.0 x 10 -6 cm/sec.(ii) A minimum 18 inch compacted soil liner shall have a maximum coefficient of permeability of 3.0 x 10 -6 cm/sec.(iii) A compacted soil liner may not be constructed thicker than 18 inches for the purpose of meeting a coefficient of permeability greater than 3.0 x 10 -6 cm/sec.(iv) Any soil liner with a minimum twelve inch or 18 inch thickness shall be constructed in maximum lifts of six inches (after compaction). Each lift shall be scarified before placement of the next lift and shall conform to (H) of this paragraph.(H) Any soil liner shall be field tested for compaction, unless a post-construction permeability test is performed, pursuant to (A)(ii) of this paragraph. (i) The pit operator shall notify the appropriate Conservation Division District Office at least two (2) business days prior to field testing a soil liner for compaction to afford a Commission representative an opportunity to witness the field testing.(ii) A minimum of six compaction tests shall be performed on any soil liner; a minimum of four widely spaced tests in the bottom of the pit and two tests on different slopes of the pit are required, unless otherwise directed by a Field Operations representative. Particular emphasis shall be placed on selecting locations for compaction tests where nonuniformity in soil texture or color can be observed.(iii) Compaction tests shall be conducted in accordance with ASTM methods D-2922 or D-1556.(iv) The soil materials of any liner shall be compacted to at least 90 percent of the Standard Proctor Density (ASTM D-698).(7)Geomembrane liners.(A) Any geomembrane liner that is installed in a reserve/circulation pit, spill prevention pit, or remediation pit, completion/fracture/ workover pit, basic sediment pit, or recycling/reuse pit shall have a minimum thickness of 20-mil.(B) Any geomembrane liner used in a noncommercial pit shall be chemically compatible with the type of substances to be contained 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 seams, and shall cover the bottom and interior sides of the pit entirely. The edges shall be securely placed in a minimum twelve inch deep anchor trench around the perimeter of the pit or anchored in an equivalent manner approved by the appropriate Conservation Division District Office.(8)Certification of liner. The operator of any noncommercial pit that is constructed with a soil or geomembrane liner shall secure an affidavit signed by the installer, certifying that the liner meets minimum requirements and was installed in accordance with Commission rules. It shall be the operator's responsibility to maintain the affidavit and all supporting documentation pertaining to the liner (e.g., permeability and compaction test results, bentonite receipts, and geomembrane liner specifications from the manufacturer), and shall make them available at all times for review by any representative of the Conservation Division.(d)Operation and maintenance requirements.(1)Freeboard. The fluid level of any noncommercial pit shall be maintained at all times at least 24 inches below the lowest elevation on the top of the berm.(2)Reserve/circulation pits. The operator of any reserve/ circulation pit shall limit its contents to the fluids and cuttings from a single well unless authorized by the District Manager.(3)Off-site reserve pits. A waterproof sign shall be posted within 25 feet of any off-site reserve pit and shall bear the name of the operator, legal description to the quarter quarter quarter section, permit number, and emergency telephone number.(4)Recycling/reuse pits.(A) Any pit permitted for drilling mud recycling or reuse may contain the fluids and cuttings from multiple wells, provided that those wells are operated by the pit operator.(B) A waterproof sign shall be posted within 25 feet of any recycling/reuse pit and shall bear the name of the operator, legal description to the quarter quarter quarter section, permit number, and emergency telephone number.(5)Prevention of pollution.(A) All noncommercial pits shall be constructed, used, operated, and maintained at all times so as to prevent pollution. In the event of a nonpermitted discharge from a noncommercial pit, sufficient measures shall be taken by the operator to stop or control the loss of contents, and reporting procedures pursuant to 165:10-7-5(c) shall be followed. Any materials lost from a pit shall be cleaned up as directed by any Field Operations representative. For a willful non-permitted discharge from a noncommercial pit, the operator may be fined up to $2,000.00.(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 be removed or the surface area covered by the oil be protected from access to birds. [See Advisory Notice 165:10-7-3(c) ].(e)Closure requirements.(1)Designation of disposal method. The operator of any reserve/ circulation pit shall indicate the proposed method of disposal of drilling fluids and/or cuttings on Form 1000 as required by 165:10-3-1(f). Options shall be limited to the following, unless written approval is granted by a District Manager or Field Inspector Supervisor: (A) Evaporation/dewatering and backfilling.(B) Chemical solidification of pit contents.(C) Annular injection (requires permit).(D) Land application (requires permit).(E) Disposal in permitted commercial pit.(F) Disposal at permitted commercial soil farming facility.(G) Disposal at permitted recycling/reuse facility.(2)Trenching.(A) Before trenching, stirring or otherwise disturbing the bottom of any noncommercial pit, the pit shall be completely dewatered.(B) Trenching, stirring, or other similar practice shall be prohibited for any lined pit.(3)Lined pits.(A) When closing any noncommercial pit with a soil or geomembrane liner, extreme care shall be taken to preserve the integrity of the liner.(B) For any lined reserve/circulation pit, completion/fracture/ workover pit, recycling/reuse pit, or basic sediment pit, all free liquids shall be removed or chemically solidified with nonhazardous material.(C) For any lined oil-based reserve/circulation pit, all cuttings or other materials remaining in the pit shall be chemically solidified with nonhazardous material.(D) Soil cover, pursuant to (5) of this subsection, shall follow.(4)Soil cover. Closure procedures for any noncommercial pit shall include a minimum of three feet of soil cover over any remaining pit contents, with all stockpiled topsoil being applied last. The materials shall be mounded or sloped to encourage runoff. A variance from this provision may be granted by the appropriate Conservation Division District Office for justifiable cause. A written request and supporting documentation is required. The appropriate Conservation Division District Office shall respond in writing within five business days either approving or disapproving the request.(5)Erosion control. Any noncommercial pit shall be closed in such a manner that any future erosion will not cause the discharge of the pit contents. This may require vegetative cover and/or a diversion terrace(s).(6)Notification to appropriate Conservation Division District Office. The operator of any noncommercial pit shall notify the appropriate Field Inspector or appropriate Conservation Division District Office at least 48 hours prior to commencing closure, and for reserve/circulation pits shall advise if the disposal method is different from that indicated on Form 1000. The operator shall also notify the Field Inspector or appropriate Conservation Division District Office within 48 hours after reclamation of the site has been completed.(7)Time limits. Any noncommercial pit shall be closed within the time limits set forth in this paragraph. Any extension of time for pit closure must be requested by the operator, who shall file an application pursuant to OAC 165:5-7-33. A legal change of operator of any noncommercial pit shall not extend the time limit for closure. If a noncommercial pit is converted from one type of use to another, the last use shall determine the time limit for closure. (A) Any Category 1A, 1B or 2 reserve/circulation pit, either on-site or off-site, shall be closed within twelve months after drilling operations cease.(B) Any Category 3 reserve/circulation pit, either on-site or off-site, shall be closed within six months after drilling operations cease.(C) Any Category 4 pit shall have closure procedures commenced within 30 days and completed within 90 days after drilling operations cease.(D)Completion/fracture/workover pits.(i) Any reserve/circulation pit converted to a completion/fracture/workover pit shall be closed within six (6) months after drilling operations cease. Upon request by the operator, a six (6) month extension shall be granted by the Conservation Division, after review by a field inspector to confirm the pit is in compliance with 165:10-7-16(c) and (d) requirements.(ii) Any completion/fracture/workover pit not converted from a reserve/circulation pit shall be closed within 60 days after completion, fracture, or workover operations cease.(E) Any emergency pit shall be emptied of its contents as soon as possible and closed within 60 days after the emergency situation ceases to exist.(F) Any flare pit shall be closed within 30 days of abandonment of a lease.(G) Any spill containment pit shall be closed within 30 days of abandonment of a lease.(H) Any basic sediment pit shall be closed within 60 days after use of the pit ceases.(I) Any recycling/reuse pit shall be closed within twelve months after operations cease.(J) Any remediation pit shall be closed immediately after receipt of all contaminated materials.(8) For failure to comply with any closure requirement, the operator may be fined up to $1,000.00.(9)Waiver of closure requirements. Exemption from closure and transfer of responsibility for any noncommercial pit to the surface owner or other party shall be requested by filing an application pursuant to OAC 165:5-7-34. No approval shall be granted unless the analyses of the fluids show that the following ranges or concentrations are not exceeded:(B) Chlorides - 3500 mg/l(C) Total Dissolved Solids (TDS) or Total Soluble Salts (TSS)- 7000 mg mg/l(D) Chromium (Total) - 10 mg/l(f)Flow back water pits with capacity in excess of 50,000 barrels.(1)Scope: This subsection shall cover the permitting, construction, operation, and closure requirements for any noncommercial pit with a capacity in excess of 50,000 barrels used for the temporary storage of flow back water that is to be reused for hydraulic fracturing of wells. Such pits may be located either onsite or offsite of a well drilling location. The permitting, construction, operation, and closure requirements for any noncommercial pit with a capacity of 50,000 barrels or less used for temporary storage of flow back water that is to be reused for hydraulic fracturing of wells are addressed in OAC 165:10-7-16(a) -(e).(2)Application. Prior to constructing any pit, the pit operator shall obtain a permit from the Manager of Field Operations or a Commission order authorizing the pit. For use of a pit without a permit or Commission order, the pit operator may be fined up to $5,000.00. Application for a pit permit shall be submitted to the Field Operations Department on Form 1014F.(3)Application requirements. The pit operator shall attach to the Form 1014F two complete sets of documents in support of the application, which documents shall include, but not be limited to, the following:(A) Written permission from the surface owner allowing a pit to be constructed and used on the subject tract.(B) A lithologic log of test borings, identifying the subsurface materials encountered and the depth at which groundwater was encountered pursuant to (5)(A)(v) of this subsection.(C) A topographic map of the pit site.(D) The appropriate Soil Conservation Service (SCS) soil survey aerial photo and legend.(E) A detailed drawing of the site, with complete construction plans drawn to scale by or under the supervision of a registered professional engineer.(F) A plan for closure of the pit which shall provide for a minimum three feet of soil cover and shall specifically state how all aspects of closure shall be accomplished, including volume and fate of liquids, earthwork to close the pit (including placement of stockpiled topsoil), and revegetation of the site.(G) An itemization of projected hauling, closure, reclamation, maintenance, and monitoring costs.(H) 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.(I) A plan for operation which shall address the method(s) by which excess water will be disposed.(4)Notice.(A)Notice of application. Notice of the application for a permit for a pit with a capacity in excess of 100,000 barrels shall be published one time in a newspaper of general circulation in Oklahoma County, Oklahoma, and in a newspaper of general circulation published in each county in which the subject lands are located. The notice shall include the following information: (i) The name, physical mailing address, telephone number, electronic mail address and facsimile number of the applicant or its representative, whom anyone may contact for additional information concerning the application.(ii) The location of the proposed pit to the nearest 40 acre tract.(iii) The capacity of the proposed pit.(iv) The type of fluids to be stored in the proposed pit.(v) The notice must also include the following language: (I) Written protests to the relief sought must be submitted to the applicant or its representative and to the Manager of the Field Operations Department, Oklahoma Corporation Commission, P.O. Box 52000, Oklahoma City, OK, 73152-2000, within fifteen (15) days after publication of the notice. Written protests must specify the name of the applicant, location of the proposed pit, reasons for protest, and the name(s), physical mailing address(es), telephone number(s), electronic mail address(es) and facsimile number(s) of the protestant(s).(II) If there are no written protests to the application and the Commission does not require a hearing, the application shall be presented to the Manager of the Field Operations Department for administrative review without a hearing, and if the application is protested, then any protestants shall receive notice of hearing.(B)Proof of notice. The applicant shall submit affidavit(s) of publication to the Field Operations Department to show compliance with the requirements of subparagraph (4)(A) above.(C)Procedure.(i) If a written protest to the application is submitted to the Field Operations Department within fifteen (15) days after the date the notice of application is published, or if hearing is required by the Commission, the application shall be set for hearing and notice thereof given in the same manner required in the filing of an application on the Pollution Docket.(ii) If no written protest is submitted to the Field Operations Department and the Commission does not require a hearing, the application shall be presented to the Manager of the Field Operations Department for administrative review.(5)Construction requirements.(A)Site limitations.(i) Any pit that is to be constructed or operated in an area covered by a field or area rule shall be subject to the more stringent requirements of either this subsection or the field or area rule.(ii) No pit shall be constructed or used unless an investigation of the soils, topography, geology, and hydrology conclusively shows that storage of flow back water at the site will not be harmful to groundwater, surface water, soils, plants, or animals in the surrounding area. No pit shall be constructed or used on or in an abandoned mine, strip pit, quarry, canyon, or streambed.(iii) No pit shall be constructed or used on any site that is located within a 100-year flood plain.(iv) No pit 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.(v) No pit shall be constructed unless it can be shown that there will be a minimum of 25 feet between the bottom of the pit 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 of the pit and into the first free water encountered. Perched water tables are not considered for the purposes of this unit. Test borings need not extend deeper than 50 feet below the bottom of the pit if free water has not been encountered before that depth. All boreholes converted to monitor wells shall conform to (6)(A) 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.(B)Runoff water prohibited. No runoff water from surrounding land surfaces shall be allowed to enter a pit.(C)Stockpiling of topsoil. Prior to constructing a pit, all topsoil within the top twelve inches of soil at 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 is readily distinguishable from other soil materials at the time of closure.(D)Maximum fluid depth. Any pit shall be constructed to contain a maximum fluid depth as authorized by the Manager of Field Operations on the Form 1014F, or in the Commission order authorizing the pit. A minimum freeboard of three feet shall be maintained.(E)Maximum authorized volume. The maximum authorized volume allowed to be stored in a pit shall be calculated from three (3) feet below the point of the lowest elevation of the top of the berm wall.(F)Width of the crown. The crown (top) of any berm shall be a minimum eight feet in width.(G)Slopes. The inside slope of any exterior berm of the pit shall not be steeper than 3:1 (horizontal to vertical) and the outside slope of the pit shall not be steeper than 2.5:1.(H)Earthwork compaction. All earthwork 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.(I)Unique design requirements. For pits that may require special construction considerations, variances may be granted by the Manager of Field Operations or by Commission order if the proposed design meets or exceeds the requirements appearing in this subsection.(J)Geomembrane liners.(i) Pits permitted under this subsection must contain a geomembrane liner. The geomembrane liner must have a minimum thickness of 40 mil.(ii) The geomembrane liner shall be chemically compatible with the type of substances to be contained in the pit and shall have ultraviolet light protection sufficient to withstand the time the pit is to remain open.(iii) The 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. The pit operator shall notify the appropriate Conservation Division District Office at least two (2) business days prior to installation of the liner in the pit to afford a Commission representative an opportunity to inspect the site prior to the liner being installed. If a Commission representative has not inspected the pit site within two (2) business days following notification, the pit operator may proceed to install the liner in the pit.(iv) The geomembrane liner shall be continuous, although it may include welded or extruded seams, and it 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.(K)Fluid level marker. A minimum of one stationary fluid level marker shall be erected in each pit. The marker shall be erected in a location within the pit 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 Field Operations prior to installation.(L)Hydrologically sensitive areas. If the proposed pit is to be located over a hydrologically sensitive area, in addition to the foregoing construction requirements, the following additional requirements shall apply: (i) A minimum 40-mil geomembrane liner, double-lined, with a leachate collection system between the liners shall be required.(ii) The Manager of Pollution Abatement shall determine the minimum depth of all monitor wells.(6)Monitor wells and leachate collection systems.(A) A minimum of three monitor wells-one (1) upgradient and two (2) downgradient from the pit-shall be installed. The exact number and location of the monitor wells shall be approved by the Manager of Pollution Abatement prior to installation. Additional monitor wells may be required for pits constructed in the general vicinity of public water supply wells, well head protection areas and hydrologically sensitive areas. No monitor well shall be installed more than 250 feet from the toe of the outside berm of the pit, nor shall any existing water well be used as a monitor well unless approved by the Manager of Pollution Abatement. 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 the 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 the pit, the Manager of Pollution Abatement may give approval for the wells to be drilled to a lesser depth. All new monitor wells shall meet the requirements 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 Manager of Pollution Abatement.(B) Leachate collection system: The pit operator may elect to install a leachate collection system in lieu of monitor wells, if such system will adequately detect any leak from the pit. The plan for the leachate collection system must accompany the Form 1014 and such plan must be approved by the Manager of Pollution Abatement prior to installation of the leachate collection system.(7)Monitor well and leachate collection system sampling. The pit operator shall sample the monitor wells or leachate collection system prior to placing any fluids other than fresh water in the pit. The following procedures shall be used: (A) The appropriate Field Inspector shall be notified at least 24 hours prior to sampling to allow a Commission representative an opportunity to witness the sampling.(B) Samples shall be collected and handled by the pit 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 (1) 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. The Manager of Field Operations may require samples to be analyzed for additional constituents.(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 appropriate Conservation Division District Office within 30 days of sampling.(G) The pit operator is required to conduct sampling every six months after the date pit operations commence and for a minimum of one year after closure is completed. The Manager of Field Operations may require sampling on a more frequent basis.(8)Liner certification. An affidavit signed by the person who was responsible for installing the pit liner, certifying that the liner meets minimum requirements and was installed in accordance with Commission rules, shall be submitted to the Manager of Field Operations before operation of the pit commences. Supporting documentation shall also be submitted, such as geomembrane liner specifications from the manufacturer, if requested by the District Manager.(9)Pit approval. The pit operator shall notify the appropriate Conservation Division District Office at least two (2) business days prior to commencing pit operations to afford a Commission representative an opportunity to inspect the site. If a Commission representative has not inspected the pit site within two (2) business days following notification, the operator may commence pit operations, provided the affidavit and any supporting documentation referred to above has been submitted to the District Manager.(10)Operation and maintenance requirements.(A)Vegetative cover. Vegetative cover shall be established on all areas of earthfill on the outside slope of the pit immediately after pit construction or during the first planting season following the construction of the pit if the pit construction is completed out of season. The cover shall be sufficient to protect those areas from soil erosion and shall be maintained. The Manager of Field Operations may approve alternative erosion control measures if the alternative method meets or exceeds the vegetative cover requirement.(B)Fencing. The pit 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 pit operator, legal description, and emergency telephone number shall be posted within 25 feet of the pit and shall be readily visible.(D)Site security. All sites shall be secured by a locked gate. Fluids shall be placed in a pit only when representative(s) designated by the operator are present at the site if trucks are to be used in the operation. A key or combination to the lock shall be provided to the appropriate Field Inspector for the purpose of carrying out inspections.(E)Acceptable materials. No operator of a flow back water pit shall place any substances in the pit other than flow back water or additional fresh water if required for hydraulic fracturing operations. The pit may receive flow back water from additional wells as long as the company authorized on the Form 1014F or in a Commission order operates or is a working interest owner in the additional wells. Another operator may use the pit on a temporary basis if the pit operator submits to and obtains the Commission's approval of an amended Form 1014F permitting such temporary use. If the pit is in compliance with this Section, the Manager of Field Operations may approve the amended Form 1014F administratively without additional notice and hearing. If the Manager of Field Operations determines conditions have changed since the issuance of the permit, then the Manager of Field Operations may request that the operator seeking approval to use the pit on a temporary basis obtain the issuance of a Commission order authorizing the operator's use of the pit after application, notice and hearing.(F)Oil film.(i) The flow back water pit shall not contain an oil film.(ii) The protection of migratory birds shall be the responsibility of the pit operator. Therefore, the Conservation Division recommends that to prevent the loss of birds, oil films be removed as soon as possible from the pit or that the surface of the pit be protected from access to birds. [See Advisory Notice in OAC 165:10-7-3(c) ].(G)Aesthetics. All pit 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.(H)Structural integrity. All pits 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.(I)Time period for operation. The period of time during which the pit is to remain in operation shall be specified on the approved Form 1014F or Commission order.(11)Prevention of pollution. All flow back water pits shall be used, operated, and maintained at all times so as to prevent pollution. In the event of a non-permitted discharge, sufficient measures shall be taken to stop or control the loss of materials, and reporting procedures in OAC 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 pit operator may be fined up to $5,000.00.(12)Closure requirements.(A)Notification. The Manager of Field Operations shall be notified in writing whenever the pit becomes inactive, or operation of the pit ceases for any reason.(B)Time limit. Closure shall be commenced within 60 days and completed within one year of when the pit becomes inactive or cessation of operations. In cases where extenuating circumstances exist, one extension of six (6) months may be administratively approved in writing by the Manager of Field Operations. The pit operator must file an application and notice of hearing pursuant to OAC 165:5-7-1 et seq. and obtain the issuance of a Commission order concerning any additional request for an extension of time for pit closure.(C)Trenching. Trenching, stirring or other similar practice shall be prohibited with respect to the pit.(D)Preserving integrity of liner. Extreme care shall be taken to preserve the integrity of the liner when closing the pit. All fluids shall be removed from the pit when closing the pit. Once fluids have been removed from the pit, the liner may be folded and closed in place.(E)Soil cover. A minimum of three feet of soil cover shall be placed over the pit, with all stockpiled topsoil being applied last. The soil cover shall be mounded or sloped to encourage runoff and so as to prevent erosion. The Manager of Field Operations may require the pit operator to establish a vegetative cover over the pit. The pit operator can request a variance to these requirements by submitting a written request and supporting documentation to the Manager of Field Operations. The Manager of Field Operations shall respond in writing within five (5) business days after receipt of a request for a variance to the requirements in this subsection from the pit operator.(F)Notification to appropriate Conservation Division District Office. The pit operator shall notify the appropriate Field Inspector or appropriate Conservation Division District Office at least 48 hours prior to commencing closure. The pit operator shall also notify the Field Inspector or appropriate Conservation Division District Office within 48 hours after reclamation of the site has been completed.(G)Penalty for failure to comply with closure requirements. A pit operator failing to comply with the closure requirements set out in this subsection may be fined up to $1,000.00.(H)Post closure monitoring. The pit operator is required to sample the monitor wells or leachate collection system at the site for a minimum of one year after closure of the pit is completed, and the pit operator must comply with the sampling and reporting requirements appearing in OAC 165:10-7-16(f)(7), above. Variances to the post closure monitoring and reporting requirements may be granted in writing by the Manager of Field Operations if an approved leachate collection system has been employed at the site and if additional hydrogeologic data which demonstrates the pit has not leaked is submitted to and accepted by the Manager of Field Operations.(13)Surety requirements.(A)Agreement with Commission. The operator of a flow back water pit 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 operations. 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 pit 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 Manager of Field Operations shall establish the amount of surety for the authority to construct and/or operate the pit. The amount of surety shall be based on factors such as dimensions of the pit and costs of hauling, closure, reclamation, and monitoring. The amount may be subject to change for good cause. Upon approved closure of a pit, the Manager of Field Operations may 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, or irrevocable letter of credit. Any type of surety that expires shall be renewed prior to 30 days before the expiration date.(14)Application to existing pits. Operators of pits permitted prior to the effective date of this subsection must either comply with parts (f)(6)(monitor wells and leachate collection systems), (f)(7)(monitor well and leachate collection system sampling) and (f)(13)(surety requirements) or close such pits within one (1) year of the effective date of this subsection. Operators of pits permitted prior to the effective date of this subsection must also comply with parts (f)(5)(K) (fluid level marker), (f)(10)(operation and maintenance requirements), (f)(11) (prevention of pollution) and (f)(12)(closure requirements). All pits permitted but not yet constructed as of the effective date of this subsection shall also be subject to the construction requirements in part (f)(5).(15)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.Okla. Admin. Code § 165:10-7-16
Amended at 9 Ok Reg 2295, eff 6-25-92 ; Amended at 12 Ok Reg 2017, eff 7-1-95 ; Amended at 16 Ok Reg 2230, eff 7-1-99 ; Amended at 23 Ok Reg 2229, eff 7-1-06 ; Amended at 24 Ok Reg 1784, eff 7-1-07 ; Amended at 25 Ok Reg 2187, eff 7-11-08 ; Amended at 27 Ok Reg 2128, eff 7-11-10 ; Amended at 28 Ok Reg 1949, eff 7-11-11 ; Amended at 29 Ok Reg 950, eff 7-1-12 ; Amended at 30 Ok Reg 1041, eff 7-1-13
Amended 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 35, Issue 24, September 4, 2018, eff. 9/14/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019