SECTION 165:10-9-3. Commercial disposal well surface facilities

(a)   Scope. This Section shall apply to the surface facilities of any commercial disposal well. Any pit sought to be approved pursuant to this Section 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.

(b)   Notice.

(1)   Notice of application. Notice of the application for a permit for a pit with a capacity in excess of 50,000 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:

(A)   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.

(B)   The location of the proposed pit to the nearest 40 acre tract.

(C)   The capacity of the proposed pit.

(D)   The type of fluids to be stored in the proposed pit.

(E)   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.

(2)   Proof of notice. The applicant shall submit affidavit(s) of publication to the Field Operations Department to show compliance with the requirements of paragraph (b)(1) above.

(3)   Procedure.

(A)   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.

(B)   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.

(c)   Site restriction. No commercial disposal well pit shall be constructed in any area that floods according to the Soil Conservation Service County Soil Survey (available for viewing at the Commission's Oklahoma City Office or appropriate Conservation Division District Offices).

(d)   Construction requirements.

(1)   Dikes. A dike shall be constructed and maintained around any storage tank or group of tanks. The diked area shall be capable of totally containing at least one and one-half (1 1/2) times the volume held by the largest storage tank.

(2)   Leak containment. A means for containing leaks shall be provided at all pumps and connections.

(3)   Splash pad/apron. A splash pad/apron shall be constructed at the unloading area of any pit to the design and dimensions necessary to contain and direct all materials unloaded into the pit. If a pit is not used, an apron shall be constructed at the unloading area to the design and dimensions necessary to direct any spills into containment.

(4)   Pit specifications. Any commercial disposal well pit shall be constructed of concrete or steel or shall be lined with a geomembrane liner. The following specifications shall be met:

(A)   Any concrete pit shall be steel-reinforced and have a minimum wall thickness of six inches. A leachate collection system approved by the Manager of the Pollution Abatement Department must be installed underneath the concrete pit.

(B)   Any steel pit shall have a minimum wall thickness of three-sixteenths (3/16) inch. If a previously used steel pit is installed, it shall be free of corrosion or other damage. A leachate collection system approved by the Manager of the Pollution Abatement Department must be installed underneath the steel pit.

(C)   Any geomembrane liner shall meet these requirements:

(i)   The geomembrane liner shall have a minimum thickness of 40 mils, shall be chemically compatible with the type of wastes to be contained, and shall have ultraviolet light protection.

(ii)   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.

(iii)   The geomembrane liner shall be continuous (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.

(iv)   A leachate collection system approved by the Manager of the Pollution Abatement Department must be installed underneath the geomembrane lined pit.

(5)   Certification of liner. The operator of any commercial disposal well pit that is constructed with a 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, such as geomembrane liner specifications from the manufacturer, etc., and shall make them available to a representative of the Conservation Division upon request.

(6)   Monitor wells or leachate collection system.

(A)   Any commercial disposal well pit permitted, but yet to be constructed after the effective date of this Section, shall be required to have a leachate collection system and a minimum of three monitor wells, one upgradient and two downgradient from the pit.

(B)   No monitor well shall be installed more than 100 feet from a commercial disposal well pit, nor shall any existing water well be used as a monitor well, unless written approval is given by the Manager of Pollution Abatement.

(C)   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 shall be drilled and completed by a licensed monitor well driller. If documentation is submitted prior to drilling the monitor well to show that no free water will be encountered within a depth of 50 feet from the surface, the Manager of Pollution Abatement may require that monitor wells be drilled to a lesser depth.

(D)   All new monitor wells shall meet the requirements as 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 a well is being sampled. A key to each well shall be made available to the appropriate District Manager or Field Inspector upon request.

(ii)   Within 30 days of installation, construction details for any leachate collection system or specific completion information for all monitor wells, a diagram of their locations in relation to the pit they monitor, and the numerical labeling of such monitor wells shall be submitted to the Manager of the Underground Injection Control Department.

(e)   Operation and maintenance requirements.

(1)   Sign. A waterproof sign shall be erected and maintained within 25 feet of the entrance road to any commercial disposal well, shall be readily visible, and shall contain the name of the operator, order or permit number, legal description, and emergency phone number.

(2)   Fencing. All commercial disposal well surface facilities that have a pit shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence.

(3)   Site maintenance. The normal access surface of any commercial disposal well site, including the access road(s), shall be maintained in a condition that will safely and easily accommodate a passenger car during all weather conditions.

(4)   Exclusion of runoff water. No commercial disposal well pit shall be allowed to receive runoff water.

(5)   Freeboard. The fluid level in any concrete or steel commercial disposal well pit shall be maintained at all times at least 6 inches below the top of the pit wall, unless otherwise specified on Form 1014. Any geomembrane lined pit shall have a minimum of 24 inches freeboard at all times.

(6)   Temporary storage only. No pit shall be used as permanent storage for salt water.

(7)   Sampling of monitor wells and leachate collection systems.

(A)   Sampling of monitor wells and leachate collection systems shall occur once every six months, during the months of January and July.

(B)   The appropriate District Manager or field inspector for the area shall be notified at least 24 hours in advance of sampling to allow a Commission representative an opportunity to witness the sampling.

(C)   Samples shall be collected, preserved, and handled by the operator according to EPA-approved standards (RCRA Groundwater Monitoring Technical Enforcement Guidance Document, EPA, OSWER-9950.1, September, 1986, pp. 99-107) and analyzed for pH, chlorides and Total Dissolved Solids (TDS) by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma. Analysis of additional parameters may be required, as determined by the Manager of Field Operations or Manager of Pollution Abatement.

(D)   If requested by the District Manager, each sample shall be split and an adequate portion (approximately one pint) properly labeled and delivered upon request or otherwise provided to the appropriate Conservation Division District Office or Field Inspector. 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 Manager of the Underground Injection Control Department, within 30 days of sampling.

(E)   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.

(8)   Prevention of pollution. All commercial disposal well pits shall be used, operated, and maintained at all times so as to prevent pollution. In the event of a nonpermitted discharge from surface facilities of a commercial disposal well, sufficient measures shall be taken to stop or control the loss of materials and reporting procedures in 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.

(9)   Oil film. The operator of a saltwater disposal system shall be responsible for the protection of migratory birds. Therefore, the Conservation Division recommends that to prevent the loss of birds due to oil films, all open top tanks and pits containing fluid be kept free of hydrocarbons, or be protected from access to birds. [See Advisory Notice 165:10-7-3(c).]

(10)   Site security. Commercial disposal well facilities must be secured at all times so as to prevent unauthorized access. If an electronic system is used to secure the facility or if fluids to be disposed in the well are transported to the facility by pipe, an automatic shut-off or alarm system must be installed to ensure that disposal operations cease if a well mechanical failure or downhole problem occurs. If an electronic system is not used to secure the facility, fluids shall be received for placement in a commercial disposal well only when there is an attendant on duty if fluids are hauled in by truck. All sites not protected by an electronic system shall be secured by a locked gate when an attendant is not on duty. A key or combination to the lock or electronic security system access code shall be provided to the appropriate Field Inspector for the purpose of carrying out inspections.

(f)   Closure requirements.

(1)   Time limit. Within 90 days of the cessation of operation of any commercial disposal well, all associated pits shall be emptied of all contents and filled with soil. All monitor wells shall be plugged with bentonite or cement, unless exempt in writing by the District Manager or Manager of Field Operations. The site shall be revegetated within 180 days.

(2)   Geomembrane-lined pits. When closing any commercial disposal well pit with a geomembrane liner, extreme care shall be taken to preserve the integrity of the liner. All free liquids shall be removed or chemically solidified. A geomembrane cap shall be placed over the top of any remaining contents to completely encapsulate them. Any geomembrane cap shall have a minimum thickness of twelve mils and shall be chemically compatible with the type of substances to be encapsulated. Burial, pursuant to (3) of this subsection, shall follow.

(3)   Burial. If any concrete, steel, geomembrane, or other materials associated with a commercial disposal well site are to be left on-site, they shall be buried under a minimum soil cover of three feet, pursuant to 165:10-3-17.

(g)   Prospective application to existing facilities. All provisions of this Section except (4) and (5) of subsection (d) shall apply to all existing commercial disposal well pits which are, or have been, in operation prior to the effective date of this Section. Operators shall have 180 days from the effective date of this Section in which to bring their facilities into compliance with the applicable provisions of this Section. Failure to comply with any applicable provision may result in revocation of the authority to operate.

(h)   Variances. A variance from the time requirements of (e)(7) or (f)(1) of this Section may be granted by the District Manager or Manager of Field Operations for justifiable cause. A written request and supporting documentation is required. The District Manager or Manager of Field Operations shall respond in writing within five business days, either approving or disapproving the request.

[Source: Added at 11 Ok Reg 3691, eff 7-11-94; 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 at 32 Ok Reg 768, eff 8-27-15; Amended at 33 Ok Reg 593, eff 8-25-16; Amended at 34 Ok Reg 921, eff 9-11-17; Amended at 35 Ok Reg 973, eff 9-14-18; Amended at 36 Ok Reg 534, eff 8-1-19; Amended at 37 Ok Reg 1121, eff 1-1-20]