Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart H - LEASE OPERATING REQUIREMENTS › Section 240.860 - Pits

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Pit", as used
				in this Section, is a synthetic lined or unlined earthen surface impoundment,
				whether a man-made excavation or a diked area which was or currently is used
				for temporary storage of liquid oil field waste or produced water prior to
				disposal.
b) Construction of pits
				other than those specified in Subparts E and K of this Part is
				prohibited.
c) All pits in
				existence on May 13, 1994 shall be closed, in accordance with subsection (e)
				below, by July 1, 1995 as follows, unless covered by subsection (d) below, or
				exempted for continued use in accordance with Section
				240.861
				or for an alternative use in accordance with Section
				240.862.
d) Synthetic lined pits, permitted after May
				12, 1989 and before May 13, 1994, shall be restored in accordance with
				subsection (e) within 5 years after the permit was issued.
e) Pits shall be restored as follows:
1) All oilfield brine and produced waters
				shall be removed and disposed of in a Class II UIC well.
2) Crude oil bottom sediments shall be
				disposed of in accordance with Section
				240.940(a) and
				(b) or with Department approval, disposed of
				in a production well equipped with tubing and packer set in accordance with
				Section
				240.760(b)
				under observation by an inspector from the District Office in which the well is
				located. If the Department determines through field observations that the
				disposal activities are endangering the freshwater, the disposal activities
				shall cease until the condition is corrected. Disposal activities shall not
				exceed 45 days, after which time the well must be plugged.
3) For pits required to be closed by July 1,
				1995 and not exempted in accordance with Section 240.861, the pit residue, not
				disposed of in accordance with subsection (e)(1) or (e)(2), and the pit liner,
				if any, shall either be:
A) removed from the
				site and disposed of at an Illinois Environmental Protection Agency permitted
				non-hazardous special waste landfill, provided that pit residue or liner
				containing NORM with radioactivity levels exceeding background may be required
				to be disposed of at a waste facility permitted by the Illinois Department of
				Nuclear Safety; or
B) consolidated
				from the sides to the bottom of the pit and covered in place with a clay or
				synthetic liner sufficient to impede the infiltration of surface water and
				placed at least 5 feet below the ground surface. The pit shall be backfilled
				and the pit residue covered with 5' of soil having a radioactivity level at or
				below background level with the upper most 18" consisting of clean soil not
				contaminated by oilfield brine or crude oil. The backfilled area shall be
				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 use. The surface area over the backfilled pit area shall
				be stabilized to prevent erosion.
4) The Department shall prepare an inventory
				identifying, by county, all closed and unclosed liquid oilfield waste or
				produced water storage pits. The Department shall file such notice in the
				county clerk's office in the county in which such pits are located. The notice
				shall specify the location of the pit, generally identify the nature of the
				materials buried and, if known, specify the radioactivity level of the material
				buried. If the radioactivity is not known, the notice shall specify that the
				buried oil and gas waste may contain Naturally Occurring Radioactive Material
				(NORM).