§ 78.55. Control and disposal planning.

 (a)  Preparation and implementation of plan. Prior to generation of waste, the well operator shall prepare and implement a plan under §  91.34 (relating to activities utilizing pollutants) for the control and disposal of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, additives, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings from the drilling, alteration, production, plugging or other activity associated with oil and gas wells.

 (b)  Requirements. The plan must identify the control and disposal methods and practices utilized by the well operator and be consistent with the act, The Clean Streams Law (35 P.S. § §  691.1—691.1001), the Solid Waste Management Act (35 P.S. § §  6018.101—6018.1003) and § §  78.54, 78.56—78.58 and 78.60—78.63. The plan must also include a pressure barrier policy that identifies barriers to be used during identified operations.

 (c)  Revisions. The operator shall revise the plan prior to implementing a change to the practices identified in the plan.

 (d)  Copies. A copy of the plan shall be provided to the Department upon request and shall be available at the site during drilling and completion activities for review.

 (e)  Emergency contacts. A list of emergency contact phone numbers for the area in which the well site is located must be included in the plan and be prominently displayed at the well site during drilling, completion or alteration activities.

Authority

   The provisions of this §  78.55 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § §  510-17 and 510-20); 35 Pa.C.S. §  7321; 58 Pa.C.S. § §  3202, 3215(e), 3218(a), 3218.2(a)(4), 3218.4(c) and 3274; section 5 of The Clean Streams Law (35 P.S. §  691.5); section 105 of the Solid Waste Management Act (35 P.S. §  6018.105); section 5 of the Dam Safety and Encroachments Act (32 P.S. §  693.5); section 104 of the Land Recycling and Environmental Remediation Standards Act (35 P.S. §  6026.104); sections 301 and 302 of the Radiation Protection Act (35 P.S. § §  7110.301 and 7110.302); section 3 of the Unconventional Well Report Act (58 P.S. §  1003); and section 13.2 of the act of July 10, 2014 (P.L. 1053, No. 126) adding section 1741.1-E of The Fiscal Code (72 P.S. §  1741.1-E).

Source

   The provisions of this §  78.55 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended February 4, 2011, effective February 5, 2011, 41 Pa.B. 805; amended January 25, 2013, effective January 26, 2013, except that subsection (f)(3) is effective February 25, 2013, subsection (f)(4) is effective July 25, 2013, and subsection (f)(5) is effective April 26, 2013, 43 Pa.B. 526; amended October 7, 2016, effective October 8, 2016, 46 Pa.B. 6431. Immediately preceding text appears at serial pages (365451) to (365457).

Cross References

   This section cited in 25 Pa. Code §  78.54 (relating to general requirements); and 25 Pa. Code §  78.72 (relating to use of safety devices—blow-out prevention equipment).



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