SECTION 165:10-7-29. Application of freshwater drill cuttings by oil and gas operators

(a)   Scope. This Section shall cover the one-time application of freshwater drill cuttings by oil and gas operators to private access areas, well locations, and production sites.

(b)   Permits by appropriate Conservation Division District Office. A District Manager for the Conservation Division may issue to an operator within the District a permit for application of freshwater drill cuttings to private access areas, well locations, and production sites within the District. This Section prohibits any operator from applying freshwater drill cuttings without a permit. Any operator violating this subsection may be fined up to $2,000.00.

(c)   Site restrictions. Application of freshwater drill cuttings shall only occur on sites having an:

(1)   Electrical Conductivity (EC) no greater than 6,000 micromhos/cm; and

(2)   Exchangeable Sodium Percentage (ESP) less than 15.0.

(d)   Sampling requirements.

(1)   The appropriate Field Inspector shall be contacted at least two business days prior to sampling to allow a Commission representative an opportunity to witness the sampling of the receiving soil and freshwater drill cuttings to be applied.

(2)   The receiving soil shall be sampled using the following procedure:

(A)   A minimum of five samples shall be taken for each one-half (1/2) mile section of road (or borrow ditch), well location, or production facility and composited into one sample for analysis.

(B)   Sampling shall be to a minimum depth of six inches.

(3)   The freshwater cuttings shall be sampled by taking a minimum of one representative sample for every five cubic yards of freshwater cuttings to be applied and composited into one quart sample for analysis.

(e)   Analysis requirements.

(1)   The composite samples of soil and drill cuttings shall be analyzed by a laboratory which tests soils.

(2)   The parameters for the receiving soil shall include ESP and either EC or Total Dissolved Solids (TDS) or Total Soluble Salts (TSS).

(3)   The parameters for the drill cuttings shall include TDS or Total Soluble Salts (TSS).

(f)   Maximum application rate.

(1)   The maximum application rate shall be calculated by the operator using the following formula:

PROCEDURE FOR CALCULATING APPLICATION RATE OF TOTAL DISSOLVED SOLIDS (TDS) OR TOTAL SOLUBLE SALTS (TSS)
	______ ppm TDS or TSS in receiving soil × 2 = ______ lbs/as TDS or TSS in receiving soil.
	10,000 lbs/ac TDS or TSS − _____ lbs/ac TDS or TSS in receiving soil = Maximum TDS or TSS (lbs/ac) to be applied _______.
	Maximum TDS or TSS (lbs/ac) to be applied _____ ÷(_____ ppm TDS or TSS in cuttings x. 000001) = Maximum lbs/ac of cuttings to be applied _____.
	Actual weight of drill cuttings ______ lbs/cu ft × 27 = ______ lbs/cu yd.
	Maximum lbs/ac to be applied _____ ÷ _____ lbs/cu yd = _____ cu yds/ac to be applied.
	Total volume ______ cu yds ÷ ______ cu yds/ac = Minimum acres required _____.

(2)   Calculations shall be submitted with the application.

(g)   Permit requirements.

(1)   Use of Form 1014X. The application to apply freshwater drill cuttings shall be made on Form 1014X, which shall be submitted by electronic mail to the Manager of the appropriate Conservation Division District Office.

(2)   Landowner permission. Attached to the application shall be written permission by the surface owner to allow the operator to apply freshwater drill cuttings as per this Section to a specific portion of real property as designated by legal description.

(3)   Telephone permits. In case of an emergency, a District Manager may issue a permit by telephone. If an operator obtains a permit by telephone, the applicant shall file Form 1014X within five business days after receipt of the permit by telephone.

(4)   Conditions for permits.

(A)   The method to be used for application of freshwater drill cuttings shall not pollute surface or subsurface waters and shall protect public and private property adjoining the application area.

(B)   During application, any necessary signs, lights, and other safety and warning devices shall be used as traffic requires to alert users to conditions. A sign shall be posted with the contractor's or operator's name to contact in case of an emergency.

(C)   All free liquids shall be removed before cuttings are applied.

(D)   Following completion of the project, there shall be a uniform soil/cuttings base.

(h)   Notice to Field Inspector. The operator receiving the permit shall notify the appropriate Field Inspector at least two days prior to commencement of the application.

(i)   Site inspection. At his discretion, a District Manager may request a Field Inspector of the Conservation Division or an Enforcement Officer of the Transportation Division to inspect the site at any time during the application operation to ensure compliance with this Section.

(j)   Duration of permit. The permit shall state the duration of the permit, not to exceed 60 days. If a complaint is received or the operator fails to comply with either the terms of the permit or this Section, the District Manager may direct the operator to cease application until the problem is resolved. If necessary, the District Manager may verbally revoke the permit and/or require the operator to perform remedial work. If a District Manager disapproves an application or cancels a permit, then the applicant may apply to the Commission for an order under 165:5-7-41.

[Source: Amended at 9 Ok Reg 2295, eff 6-25-92; Amended at 23 Ok Reg 2229, eff 7-1-06; Amended at 27 Ok Reg 2128, eff 7-11-10; Amended at 32 Ok Reg 768, eff 8-27-15; Amended at 35 Ok Reg 973, eff 9-14-18]