New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 556 - Operating Practices › Section 556.5 - Pollution and disposal

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pollution of the land and/or surface or ground fresh water resulting from
				  producing, refining, transportation or processing of oil, gas and products, or
				  in connection with solution mining, is prohibited.
(b) Brine or salt water liquids shall not be
				  stored or disposed of except as follows, unless an alternative procedure has
				  been approved by the department after written application therefor and
				  demonstration of good cause, said permission to be granted on an administrative
				  basis or after public hearing at the discretion of the department:
(1) Brine or salt water may be stored prior
				  to disposition in any watertight tank or container including an earthen pit
				  which is underlaid by tight soil such as heavy clay or hardpan. Where the soil
				  underlying the pit is porous and/or is closely underlaid by a gravel or sand
				  stratum, impounding of brine or salt water in such earthen pit is prohibited
				  unless the pit is lined with watertight material. The earthen pit shall be
				  constructed and maintained so as to prevent escape of brine or salt water
				  therefrom, including maintenance of the level of the impounded fluids,
				  including those added by natural precipitation so that no fluids shall be
				  allowed to escape over or into adjacent lands or into streams or other bodies
				  of water. The department shall have the authority to condemn any pit which does
				  not properly impound such water.
(2) Salt water may be disposed of by
				  injection into the strata from which produced or other proved salt water
				  bearing strata after application for such injection has been approved by the
				  department and under such conditions as may be prescribed. Concurrently with
				  the filing with the department of the application to dispose of salt water by
				  injection, the applicant must send a copy of said application by registered
				  mail to the operators of all leases or units offsetting the lease or unit on
				  which the input well is or will be located and the application must be
				  accompanied by a list of the names and addresses of the offsetting operators
				  and a statement that each has been sent a copy of the application by registered
				  mail, and the date of such mailing. Upon receipt of the application to dispose
				  of salt water by injection, the department will hold same for 10 days. If
				  within said 10-day period, any offset operator reciting reasonable cause, shall
				  file in writing with the department a protest to such disposal, or if the
				  department is not in accord with the proposed injection, the application shall
				  be scheduled for public hearing. If no objection from either an offset operator
				  or the department is interposed within the 10-day period and all other things
				  being in order, the application will be approved and written permission for the
				  injection will be issued by the department prescribing thereon any special
				  conditions that must prevail. The compulsory 10-day waiting period will not be
				  required if the application for permission to dispose of salt water by
				  injection is accompanied by the written consent of the operators of all leases
				  or units offsetting the lease or unit containing the well into which it is
				  proposed to inject salt water and the department has no objection.