SECTION 460:20-55-3. In situ processing: performance standards

(a)   The person who conducts in situ processing activities shall comply with Subchapter 45 of this Chapter and this Section.

(b)   In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:

(1)   Avoiding discharge of fluids into holes or wells, other than as approved by the Department;

(2)   Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the Department;

(3)   Avoiding annular injection between the wall of the drill hole and the casing; and

(4)   Preventing discharge of process fluid into surface waters.

(c)   Each person who conducts in situ processing activities shall submit for approval as part of the application for permit under Section 460:20-33-11 of these Regulations, and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety.

(d)   Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

(1)   Horizontally beyond the affected area identified in the permit; and

(2)   Vertically into overlying or underlying aquifers.

(e)   Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit area and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.