Subchapter C. ENVIRONMENTAL PROTECTION

§ 78.51. Protection of water supplies.

 (a)  A well operator who affects a public or private water supply by pollution or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply.

 (b)  A landowner, water purveyor or affected person suffering pollution or diminution of a water supply as a result of drilling, altering or operating an oil or gas well may so notify the Department and request that an investigation be conducted. The notice and request shall include the following:

   (1)  The name, address and telephone number of the person requesting the investigation.

   (2)  The type, location and use of the water supply.

   (3)  Available background quality and quantity data regarding the water supply, if known.

   (4)  Well depth, pump setting and water level, if known.

   (5)  A description of the pollution or diminution.

 (c)  Within 10 days of the receipt of the investigation request, the Department will investigate the claim and will, within 45 days of receipt of the request, make a determination. If the Department finds that pollution or diminution was caused by the drilling, alteration or operation activities or if it presumes the well operator responsible for polluting the water supply of the landowner or water purveyor under section 208(c) of the act (58 P. S. §  601.208(c)), the Department will issue orders to the well operator necessary to assure compliance with this section.

 (d)  The operator shall affirmatively demonstrate to the Department’s satisfaction that the quality of the restored or replaced water supply to be used for human consumption is at least equal to the quality of the water supply before it was affected by the operator. If the quality of the water supply before it was affected by the operator cannot be affirmatively established, the operator shall demonstrate that the concentrations of substances in the restored or replaced water supply do not exceed the primary and secondary maximum contaminant levels established under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

 (e)  If the water supply is for uses other than human consumption, the operator shall demonstrate to the Department’s satisfaction that the restored or replaced water supply is adequate for the purposes served by the supply.

 (f)  The oil or gas well operator’s duty to replace or restore a water supply includes providing plumbing, conveyance, pumping or auxiliary equipment and facilities necessary for the surface landowner or water purveyor to utilize the water supply.

 (g)  Tank trucks or bottled water are acceptable only as temporary water replacement for a period approved by the Department and do not relieve the operator of the obligation to provide a restored or replaced water supply.

 (h)  If the well operator and the landowner, water purveyor or affected person are unable to reach agreement on the means for restoring or replacing the water supply, the Department or either party may request a conference under section 501 of the act (58 P. S. §  601.501).

 (a)  A well operator who wishes to preserve its defense under section 208(d)(1) of the act (58 P. S. §  601.208(d)(1))that the pollution of a water supply existed prior to the drilling or alteration of the well shall cause a predrilling or prealteration survey to be conducted in accordance with this section.

 (b)  A person who wishes to document the quality of a water supply to support a future claim that the drilling or alteration of the well affected the water supply by pollution may conduct a predrilling or prealteration survey in accordance with this section.

 (c)  The survey shall be conducted by an independent certified laboratory. A person independent of the well owner or well operator, other than an employee of the certified laboratory, may collect the sample and document the condition of the water supply, if the certified laboratory affirms that the sampling and documentation is performed in accordance with the laboratory’s approved sample collection, preservation and handling procedure and chain of custody.

 (d)  An operator electing to preserve its defenses under section 208(d)(1) of the act shall provide a copy of the results of the survey to the Department and the landowner or water purveyor within 10-calendar days of being notified by the Department to submit a copy of the results.

 (e)  The report describing the results of the survey must contain the following information:

   (1)  The location of the water supply and the name of the surface landowner or water purveyor.

   (2)  The date of the survey, and the name of the certified laboratory and the person who conducted the survey.

   (3)  A description of where and how the sample was collected.

   (4)  A description of the type and age, if known, of the water supply, and treatment, if any.

   (5)  The name of the well operator, name and number of well to be drilled and permit number if known.

   (6)  The results of the laboratory analysis.

 (f)  A well operator who wishes to preserve the defense under section 208(d)(2) of the act that the landowner or water purveyor refused the operator access to conduct a survey shall confirm the desire to conduct this survey and that access was refused by issuing notice to the person by certified mail, or otherwise document that access was refused. The notice must include the following:

   (1)  The operator’s intention to drill or alter a well.

   (2)  The desire to conduct a predrilling or prealteration survey.

   (3)  The name of the person who requested and was refused access to conduct the survey and the date of the request and refusal.

   (4)  The name and address of the well operator and the address of the Department, to which the water purveyor or landowner may respond.

   The provisions of this §  78.52 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (276305) to (276306).

 During and after earthmoving or soil disturbing activities, including the activities related to siting, drilling, completing, producing, servicing and plugging the well, constructing, utilizing and restoring the access road and restoring the site, the operator shall design, implement and maintain best management practices in accordance with Chapter 102 (relating to erosion and sediment control) and an erosion and sediment control plan prepared under that chapter. Best management practices for oil and gas well operations are listed in the Oil And Gas Operators Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, Guidance No. 550-0300-001 (April 1997), as amended and updated.

   The provisions of this §  78.53 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial page (266200).

 The well operator shall control and dispose of fluids, residual waste and drill cuttings, including tophole water, brines, drilling fluids, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids and drill cuttings in a manner that prevents pollution of the waters of this Commonwealth and in accordance with § §  78.55—78.58 and 78.60—78.63 and with the statutes under which this chapter is promulgated.

   The provisions of this §  78.54 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  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)  The plan shall 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.

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

 (d)  A copy of the plan shall be provided to the Department upon request.

   The provisions of this §  78.55 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  Except as provided in § §  78.60(b) and 78.61(b) (relating to discharge requirements; and disposal of drill cuttings), the operator shall contain pollutional substances and wastes from the drilling, altering, completing, recompleting, servicing and plugging the well, including brines, drill cuttings, drilling muds, oils, stimulation fluids, well treatment and servicing fluids, plugging and drilling fluids other than gases in a pit, tank or series of pits and tanks. The operator shall install or construct and maintain the pit, tank or series of pits and tanks in accordance with the following requirements:

   (1)  The pit, tank or series of pits and tanks shall be constructed and maintained with sufficient capacity to contain all pollutional substances and wastes which are used or produced during drilling, altering, completing and plugging the well.

   (2)  A pit shall be designed, constructed and maintained so that at least 2 feet of freeboard remain at all times. If open tanks are used, the tanks shall be maintained so that at least 2 feet of freeboard remain at all times unless the tank is provided with an overflow system to a standby tank or pit with sufficient volume to contain all excess fluid or waste. If an open standby tank is used, it shall be maintained with 2 feet of freeboard. If this subsection is violated, the operator immediately shall take the necessary measures to ensure the structural stability of the pit or tank, prevent spills and restore the 2 feet of freeboard.

   (3)  Pits and tanks shall be designed, constructed and maintained to be structurally sound and reasonably protected from unauthorized acts of third parties.

   (4)  A pit or tank that contains drill cuttings from below the casing seat, pollutional substances, wastes or fluids other than tophole water, fresh water and uncontaminated drill cuttings shall be impermeable and comply with the following:

     (i)   The pits shall be constructed with a synthetic flexible liner with a coefficient of permeability of no greater than 1 x 10^-7 cm/sec and with sufficient strength and thickness to maintain the integrity of the liner. The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Adjoining sections of liners shall be sealed together to prevent leakage in accordance with the manufacturer’s directions. If the operator seeks to use a liner material other than a synthetic flexible liner, the operator shall submit a plan identifying the type and thickness of the material and the installation procedures to be used, and shall obtain approval of the plan by the Department before proceeding.

     (ii)   The pit shall be constructed so that the liner subbase is smooth, uniform and free from debris, rock and other material that may puncture, tear, cut or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling that may affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other materials that may cause the liner to fail, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material, shall be installed over the area as the subbase for the liner.

     (iii)   The bottom of the pit shall be at least 20 inches above the seasonal high groundwater table, unless the operator obtains approval under subsection (b) for a pit that exists only during dry times of the year and is located above groundwater.

     (iv)   If a liner becomes torn or otherwise loses its integrity, the pit shall be managed to prevent the pit contents from leaking from the pit. If repair of the liner or construction of another temporary pit is not practical or possible, the pit contents shall be removed and disposed at an approved waste disposal facility or disposed on the well site in accordance with §  78.61, §  78.62 or §  78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application).

     (v)   If the liner drops below the 2 feet of freeboard, the pit shall be managed to prevent the pit contents from leaking from the pit and the 2 feet of lined freeboard shall be restored.

 (b)  The operator may request to use practices other than those specified in subsection (a) which provide equivalent or superior protection by submitting a request to the Department for approval. The request shall be made on forms provided by the Department.

 (c)  Disposal of uncontaminated drill cuttings in a pit or by land application shall comply with §  78.61. A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with §  78.62. Disposal of residual waste, including contaminated drill cuttings, by land application shall comply with §  78.63.

 (d)  Unless a permit under The Clean Streams Law (35 P. S. § §  691.1—691.1001) or approval under §  78.57 or §  78.58 (relating to control, storage and disposal of production fluids; and existing pits used for the control, storage and disposal of production fluids) has been obtained for the pit, the owner or operator shall remove or fill the pit within 9 months after completion of drilling, or in accordance with the extension granted by the Department under section 206(g) of the act (58 P. S. §  601.206(g)). Pits used during servicing, plugging and recompleting the well shall be removed or filled within 90 days of construction.

   The provisions of this §  78.56 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (263009) to (263010) and (241901).

 (a)  Unless a permit has been obtained under §  78.60(a) (relating to discharge requirements), the operator shall collect the brine and other fluids produced during operation, service and plugging of the well in a tank, pit or a series of pits or tanks, or other device approved by the Department for subsequent disposal or reuse. Except as allowed in this subchapter or otherwise approved by the Department, the operator may not discharge the brine and other fluids on or into the ground or into the waters of this Commonwealth.

 (b)  Except as provided in §  78.56 (relating to pits and tanks for temporary containment), the operator may not use a pit for the control, handling or storage of brine and other fluids produced during operation, service or plugging of a well unless the pit is authorized by a permit under The Clean Streams Law (35 P. S. § §  691.1—691.1001) or approval to operate the pit as an impoundment under The Clean Streams Law is obtained from the Department under subsection (c).

 (c)  The operator may apply for approval from the Department to operate a pit as an impoundment under The Clean Streams Law, as indicated by the Department’s issuance of a pit approval number in accordance with this section. No pit will be eligible for approval under this subsection unless the capacity of any one pit or of any two or more interconnected pits is less than 250,000 gallons, or the total capacity contained in pits on one tract or related tracts of land is less than 500,000 gallons. Compliance with this subsection does not relieve the operator from the obligation to comply with section 308 of The Clean Streams Law (35 P. S. §  691.308) and the requirements for obtaining a permit for the erection, construction and operation of treatment works promulgated under that section.

   (1)  A request for approval under this subsection shall be made on forms furnished by the Department and, at a minimum, shall include the following:

     (i)   A description of the operator’s plan that demonstrates compliance with this subsection for the construction or reconstruction of the pit.

     (ii)   A description of the operator’s program for operation and maintenance of the pit.

     (iii)   A description of the method for subsequent disposal or reuse of the brine or other fluids produced during operation of the well.

     (iv)   A description of the operator’s program for the closure of the pit and restoration of the site.

   (2)  The operator shall design, construct, operate and maintain the pit in accordance with the approval and the following:

     (i)   The pit approval number is posted at the pit in a legible and visible manner.

     (ii)   The pit is not located within 100 feet of a stream, wetland or body of water unless a waiver is granted by the Department.

     (iii)   The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table.

     (iv)   At least 2 feet of freeboard remain at all times.

     (v)   The pit is structurally sound and the inside slopes of the pit are not steeper than a ratio of 2 horizontal to 1 vertical.

     (vi)   The pit is impermeable and is lined with a synthetic flexible liner or alternate material that has a coefficient of permeability of no greater than 1 x 10^-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The thickness of a synthetic liner shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer’s directions to prevent leakage.

     (vii)   The physical and chemical characteristics of the liner shall be compatible with the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.

     (viii)   The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling in an amount that will affect the integrity of the liner. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or a sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.

     (ix)   Prior to placing brine or other fluids in the pit, the operator shall inspect the liner and correct all damage or imperfections that may cause the liner to leak.

     (x)   Surface water which may drain into the pit shall be diverted away from the pit.

     (xi)   The pit is reasonably protected from unauthorized acts of third parties.

   (3)  Upon abandonment of the well or revocation of the approval by the Department, the operator shall restore the pit in accordance with the following:

     (i)   The free liquid fraction of the pit contents shall be removed and disposed under §  78.60(a) and the remaining pit contents and liner shall be removed and disposed under § §  78.62 and 78.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application), or the Solid Waste Management Act.

     (ii)   The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

     (iii)   The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against accelerated erosion.

   The provisions of this §  78.57 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 For pits in existence on July 29, 1989, the operator may request approval for an alternate method of satisfying the requirements of §  78.57(c)(2)(iii) (relating to control, storage and disposal of production fluids), the angle of slope requirements of §  78.57(c)(2)(v) and the liner requirement of §  78.57(c)(2)(vi)—(viii) by affirmatively demonstrating to the Department’s satisfaction, by the use of monitoring wells or other methods approved by the Department, that the pit is impermeable and that the method will provide protection equivalent or superior to that provided by §  78.57. The operator shall request approval under §  78.57(c)(1).

   The provisions of this §  78.58 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229.

 (a)  The owner and operator may not cause or allow a discharge of a substance to the waters of this Commonwealth unless the discharge complies with this subchapter and Chapters 91—93, 95 and 102, The Clean Streams Law (35 P. S. § §  691.1—691.1001) and the act.

 (b)  The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:

   (1)  No additives, drilling muds, pollutional materials or drilling fluids other than gases or fresh water have been added to or are contained in the water, unless otherwise approved by the Department.

   (2)  The pH is not less than 6 nor greater than 9 standard units, or is characteristic of the natural background quality of the groundwater.

   (3)  The specific conductance of the discharge is less than 1,000 µmHos/cm.

   (4)  There is no sheen from oil and grease.

   (5)  The discharge water shall be spread over an undisturbed, vegetated area capable of absorbing the tophole water and filtering solids in the discharge, and spread in a manner that prevents a direct discharge to surface waters and complies with §  78.53 (relating to erosion and sedimentation control).

   (6)  Upon completion, the area complies with §  78.53.

   (7)  The area of land application is not within 200 feet of a water supply or within 100 feet of a stream, body of water or a wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (8)  If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.

   The provisions of this §  78.60 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234; reserved March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (271914) to (241905).

 (a)  Drill cuttings from above the casing seat—pits. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with §  78.83(b) (relating to surface and coal protective casing and cementing procedures) in a pit at the well site if the owner or operator satisfies the following requirements:

   (1)  The drill cuttings are generated from the well at the well site.

   (2)  The drill cuttings are not contaminated with pollutional material, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.

   (3)  The disposal area is not within 100 feet of a stream, body of water or wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (4)  The disposal area is not within 200 feet of a water supply.

   (5)  The pit is designed, constructed and maintained to be structurally sound.

   (6)  The free liquid fraction of the waste shall be removed and disposed under §  78.60 (relating to discharge requirements).

   (7)  The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

   (8)  The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface of the landowner, the surface shall be stabilized against erosion.

 (b)  Drill cuttings from above the casing seat—land application. The owner or operator may dispose of drill cuttings from above the casing seat determined in accordance with §  78.83(b) by land application at the well site if the owner or operator satisfies the following requirements:

   (1)  The drill cuttings are generated from the well at the well site.

   (2)  The drill cuttings are not contaminated with pollutional material, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids or drilling fluids other than tophole water, fresh water or gases.

   (3)  The disposal area is not within 100 feet of a stream, body of water or wetland unless approved as part of a waiver granted by the Department under section 205(b) of the act (58 P. S. §  601.205(b)).

   (4)  The disposal area is not within 200 feet of a water supply.

   (5)  The soils have a minimum depth from surface to bedrock of 20 inches.

   (6)  The drill cuttings are not spread when saturated, snow covered or frozen ground interferes with incorporation of the drill cuttings into the soil.

   (7)  The drill cuttings are not applied in quantities which will result in runoff or in surface water or groundwater pollution.

   (8)  The free liquid fraction is disposed in accordance with §  78.60.

   (9)  The drill cuttings are spread and incorporated into the soil.

   (10)  The land application area shall be revegetated to stabilize the soil surface and comply with §  78.53. The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

 (c)  Drill cuttings from below the casing seat. After removal of the free liquid fraction and disposal in accordance with §  78.60, drill cuttings from below the casing seat determined in accordance with §  78.83(b) may be disposed of as follows:

   (1)  In a pit that meets the requirements of §  78.62(a)(5)—(18) and (b) (relating to disposal of residual waste—pits).

   (2)  By land application in accordance with §  78.63(a)(5)—(20) and (b) (relating to disposal of residual waste—land application).

 (d)  The owner or operator may request to use solidifiers, dusting, unlined pits, attenuation or other alternative practices for the disposal of uncontaminated drill cuttings by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

 (e)  A pit used for the disposal of residual waste, including contaminated drill cuttings, shall comply with §  78.62. Land application of residual waste, including contaminated drill cuttings, shall comply with §  78.63.

   The provisions of this §  78.61 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241905) to (241907).

 (a)  After the removal and disposal of the free liquid fraction of the waste under §  78.60(a) (relating to discharge requirements), the owner or operator may dispose of residual waste, including contaminated drill cuttings, in a pit at the well site if the owner or operator satisfies the following requirements:

   (1)  The waste is generated by the drilling or production of an oil or gas well that is located on the well site where the waste is disposed.

   (2)  The well is permitted under section 201 of the act (58 P. S. §  601.201) or registered under section 203 of the act (58 P. S. §  601.203).

   (3)  The requirements of section 215 of the act (58 P. S. §  601.215) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.

   (4)  Compliance is maintained with the act and this title.

   (5)  The disposal area is not within 200 feet measured horizontally from an existing building, unless the current owner thereof has provided a written waiver consenting to the disposal closer than 200 feet. The waiver shall be knowingly made and separate from a lease or deed unless the lease or deed contains an explicit waiver from the current owner.

   (6)  The disposal area is not within 100 feet of a stream, body of water or wetland.

   (7)  The disposal area is not within 200 feet of a water supply.

   (8)  The bottom of the pit is a minimum of 20 inches above the seasonal high groundwater table.

   (9)  The pit is designed, constructed and maintained to be structurally sound and impermeable.

   (10)  The pit is lined with a synthetic flexible liner that is compatible with the waste and has a coefficient of permeability of no greater than 1 x 10^-7 cm/sec. The liner shall be of sufficient strength and thickness to maintain the integrity of the liner. The liner thickness shall be at least 30 mils. Adjoining sections of liners shall be sealed together in accordance with the manufacturer’s directions to prevent leakage. The operator may use an alternate liner or natural materials, if the material and the installation procedure to be used are approved by the Department. Notice of the approved liners and installation procedures will be published by the Department in the Pennsylvania Bulletin.

   (11)  The liner shall be designed, constructed and maintained so that the physical and chemical characteristics of the liner are not adversely affected by the waste and the liner is resistant to physical, chemical and other failure during transportation, handling, installation and use. Liner compatibility shall satisfy EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data approved by the Department.

   (12)  The pit shall be constructed so that the liner subbase is smooth, uniform and free of debris, rock and other material that may puncture, tear, cut, rip or otherwise cause the liner to fail. The liner subbase and subgrade shall be capable of bearing the weight of the material above the liner without settling. If the pit bottom or sides consist of rock, shale or other material that may cause the liner to fail and leak, a subbase of at least 6 inches of soil, sand or smooth gravel, or sufficient amount of an equivalent material shall be installed over the area as the subbase for the liner.

   (13)  Prior to placing material in the pit, the liner shall be inspected for lack of uniformity, damage and other imperfections that may cause the liner to leak. The owner or operator shall correct damages or imperfections before placing waste in the pit, and shall maintain the pit until closure of the pit.

   (14)  Prior to encapsulating the waste within the liner, the free liquid fraction of the waste shall be removed and disposed under §  78.60(a).

   (15)  The liner shall be folded over, or an additional liner shall be added, to completely cover the waste and the waste is shaped so that water does not infiltrate the liner and is not confined above the liner.

   (16)  Puncturing or perforating the liner is prohibited.

   (17)  The pit shall be backfilled to at least 18 inches over the top of the liner and graded to promote runoff with no depressions that would accumulate or pond water on the surface. The stability of the backfilled pit shall be compatible with the adjacent land.

   (18)  The surface area of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

 (b)  A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the waste meets the following requirements:

   (1)  The concentration of contaminants in the leachate from the waste does not exceed 50% of the maximum concentration in §  261.24 Table I (relating to characteristic of toxicity).

   (2)  The concentration of contaminants in the leachate from the waste does not exceed 50 times the primary maximum contaminant level in effect under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

   (3)  For other health related contaminants, the concentration of contaminants in the leachate from the waste does not exceed 50 times the safe drinking water level established by the Department.

   (4)  Leachate characteristics are determined in accordance with methods approved by the Department.

 (c)  The owner or operator may request to use solidifiers or other alternate practices for the disposal of residual waste, including contaminated drill cuttings, by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

   The provisions of this §  78.62 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241907) to (241909).

 (a)  The owner or operator may dispose of residual waste, including contaminated drill cuttings, at the well site by land application of the waste if the owner or operator satisfies the following requirements:

   (1)  The waste is generated by the drilling or production of an oil or gas well that is located on the well side.

   (2)  The well is permitted under section 201 of the act (58 P. S. §  601.201) or registered under section 203 of the act (58 P. S. §  601.215).

   (3)  The requirements of section 215 of the act (58 P. S. §  601.215) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985.

   (4)  Compliance with the act and this title is maintained.

   (5)  The owner or operator shall notify the Department at least 3 working days before the land application activity is to occur.

   (6)  The waste application area is not within 200 feet measured horizontally from an existing building, unless the current owner thereof has provided a written waiver consenting to the application closer than 200 feet. The waiver shall be knowingly made and separate from a lease or deed, unless the lease or deed contains an explicit waiver from the current owner.

   (7)  The waste application area is not within 100 feet of a stream, body of water or wetland.

   (8)  The waste application area is not within 200 feet of a water supply and is not within 1,000 feet upgradient from an uncased well or spring being used as a water supply.

   (9)  At a minimum, the seasonal high groundwater table is 20 inches from the surface.

   (10)  The soils located within and immediately adjacent to the application area shall fall within the United States Department of Agriculture textural classes of sandy loam, loam, sandy clay loam, silty clay loam or silt loam.

   (11)  The soils have a minimum depth from surface to bedrock of 20 inches.

   (12)  Ground slopes to be utilized for waste applications do not exceed 25%.

   (13)  The waste is not spread when the ground is saturated, or when snow or frozen ground would interfere with incorporation of the waste into the soil.

   (14)  Prior to land application of the waste, the free liquid fraction of the waste is removed and disposed under §  78.60(a) (relating to discharge requirements).

   (15)  The waste is not applied in quantities which will result in surface or groundwater pollution.

   (16)  The waste is not applied in quantities that will adversely affect the intended use of the vegetation.

   (17)  The waste is spread and incorporated into the top layer of the soil to a depth of at least 6 inches.

   (18)  The loading and application rate of waste is consistent with the Departmental guidelines for the proposed operation and may not exceed a maximum waste to soil ratio of 1:1.

   (19)  To determine compliance with this section, the Department may require the owner or operator to conduct soil surveys, monitoring or chemical analysis.

   (20)  The land application area shall be revegetated to stabilize the soil surface and comply with §  78.53 (relating to erosion and sedimentation control). The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.

   (21)  If a chemical analysis fails to show compliance with paragraph (18), the owner or operator shall remediate the land application area until compliance is demonstrated.

 (b)  A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the concentration of contaminants in the leachate from the waste does not exceed the maximum concentration stated in §  261.24 Table I (relating to characteristic of toxicity).

 (c)  The owner or operator may request to dispose of residual waste, including contaminated drill cuttings, in an alternate manner from that required in subsection (a) by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.

   The provisions of this §  78.63 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241909) to (241911).

 (a)  If an owner or operator uses a tank with a capacity of at least 660 gallons or tanks with a combined capacity of at least 1,320 gallons to contain oil produced from a well, the owner or operator shall construct and maintain a dike or other method of secondary containment which satisfies the requirements under 40 CFR 112 (relating to oil pollution prevention) around the tank or tanks which will prevent the tank contents from entering waters of this Commonwealth.

 (b)  The containment area provided by the dikes or other method of secondary containment shall have containment capacity sufficient to hold the volume of the largest single tank, plus a reasonable allowance for precipitation based on local weather conditions and facility operation.

 (c)  Prior to drainage of accumulated precipitation from containment structures, the containment area shall be inspected and accumulations of oil picked up and returned to the tank or disposed of in accordance with approved methods.

 (d)  After complying with subsection (c), drainage of containment facilities is acceptable if:

   (1)  The accumulation in the containment facility consists of only precipitation directly to the containment facility and drainage will not cause a harmful discharge or result in a sheen.

   (2)  The containment drain valve is opened and resealed, or other drainage procedure, as applicable, is conducted under responsible supervision.

 In addition to complying with section 206 of the act (58 P. S. §  601.206), an owner or operator shall meet the following requirements:

   (1)  A drill hole or bore hole used to facilitate the drilling of a well shall be filled with cement, soil, drill cuttings or other earthen material before moving the drilling equipment from the well site.

   (2)  If a well site is constructed and the well is not drilled, the well site shall be restored within 30 days after the expiration of the well permit unless the Department approves an extension for reasons of adverse weather or lack of essential fuel, equipment or labor.

   (3)  Within 60 days after the restoration of the well site, the operator shall submit a well site restoration report to the Department. The report shall be made on forms provided by the Department and shall identify the following:

     (i)   The date of land application of the tophole water, the results of pH and specific conductance tests and an estimated volume of discharge.

     (ii)   A description of the method used for disposal or reuse of the free liquid fraction of the waste, and the name of the hauler and disposal facility, if any.

     (iii)   The location of the pit in relation to the well, the depth of the pit, the type and thickness of the material used for the pit subbase, the type and thickness of the pit liner, the type and nature of the waste, a description of the pit closure procedures used and the pit dimensions.

     (iv)   The location of the area used for land application of the waste, and the results of a chemical analysis of the waste soil mixture if requested by the Department.

     (v)   The types and volumes of waste produced and the name and address of the waste disposal facility and waste hauler used to dispose of the waste.

 (a)  A release of a substance causing or threatening pollution of the waters of this Commonwealth, shall comply with the reporting and corrective action requirements of §  91.33 (relating to incidents causing or threatening pollution).

 (b)  If a reportable release of brine on or into the ground occurs at the well site, the owner or operator shall notify the appropriate regional office of the Department as soon as practicable, but no later than 2 hours after detecting or discovering the release.

 (c)  The notice required by subsection (b) shall be by telephone and describe:

   (1)  The name, address and telephone number of the company and person reporting the incident.

   (2)  The date and time of the incident or when it was detected.

   (3)  The location and cause of the incident.

   (4)  The quantity of the brine released.

   (5)  Available information concerning the contamination of surface water, groundwater or soil.

   (6)  Remedial actions planned, initiated or completed.

 (d)  If, because of an accident, an amount of brine less than the reportable amount as described in §  78.1 (relating to definitions), spills, leaks or escapes, that incident does not have to be reported.

 (e)  Upon the occurrence of any release, the owner or operator shall take necessary corrective actions to:

   (1)  Prevent the substance from reaching the waters of this Commonwealth.

   (2)  Recover or remove the substance which was released.

   (3)  Dispose of the substance in accordance with this subchapter or as approved by the Department.

   The provisions of this §  78.66 adopted March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736.