Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 7 - Pollution Abatement › Part 3 - STORAGE AND DISPOSAL OF FLUIDS › Section 165:10-7-26 - Land application of contaminated soils and petroleum hydrocarbon based drill cuttings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority for land application.
No person shall land apply soils
				  or drill cuttings contaminated by salt or petroleum hydrocarbons except as
				  provided by this Section. Any operator failing to obtain a permit may be fined
				  up to $2,000.00. The land application permit shall be posted at the well site,
				  pad or pipeline construction location.
(b)
Scope.
This Section shall
				  cover the land application of soils and drill cuttings contaminated by salt
				  and/or petroleum hydrocarbons. Petroleum hydrocarbon-contaminated soils land
				  applied under this Section shall meet the RCRA criteria for exempt or
				  non-exempt/nonhazardous waste. [Reference 40 CFR Subtitle C and EPA publication
				  EPA530-K-95-003 "Crude Oil and Natural Gas Exploration and Production Wastes:
				  Exemption from RCRA Subtitle C Regulation]." Hazardous waste as defined at
				  40 CFR
				  261.3 is regulated by the Oklahoma Department
				  of Environmental Quality. Any land application made under this Section shall be
				  done from a single well or a single pad (containing multiple wells). Permits
				  shall not be granted for lands that have been previously permitted and used for
				  this practice or similar practices such as soil remediation within the last
				  three (3) years.
(c)
Receiving site suitability restrictions.
Land application shall
				  only occur on land having all of the characteristics below, as field verified
				  by a soil scientist or other qualified person pre-approved by the Commission.
				  Any variance from site suitability restrictions must be approved by the Oil and
				  Gas Conservation Division (see (g)(2)(C) of this Section).
(1)
Maximum slope.
A maximum
				  slope of eight percent for all application methods.
(2)
Depth to bedrock.
Depth to
				  bedrock will be at least 20 inches if crude oil contaminated soils or petroleum
				  hydrocarbon-based drill cuttings are to be applied; 20 inches if salt
				  contaminated soils are to be applied.
(3)
Soil texture.
A soil profile
				  (as defined by USDA soil surveys) containing at least twelve inches (may be
				  cumulative) of one of the following soil textures between the surface and the
				  water table, unless a documented impeding layer of shale is present: loam, silt
				  loam, silt, sandy clay loam, silty clay loam, clay loam, sandy loam, fine sandy
				  loam, sandy clay, silty clay, or clay.
(4)
Salinity.
Slight salinity
				  [defined as Electrical Conductivity (EC) less than 4,000 micromhos/cm] in the
				  topsoil, or upper six inches of the soil, and a calculated Exchangeable Sodium
				  Percentage (ESP) less than 10.0.
(5)
Depth to water table.
No
				  evidence of a seasonal water table within six (6) feet of the soil surface as
				  verified by field observation and published data.
(6)
Distance from water bodies.
A minimum distance of 100 feet from the land application site boundary to any
				  perennial stream and 50 feet to any intermittent stream found on the
				  appropriate United States Geological Survey (U.S.G.S.) topographic map
				  (available for viewing at the Commission's Oklahoma City Office and appropriate
				  Conservation Division District Offices); and a minimum of 100 feet to any
				  freshwater pond, lake, or wetland designated by the National Wetlands Inventory
				  Map Series, prepared by the U.S. Fish and Wildlife Service (available for
				  viewing at the Commission's Oklahoma City Office). Also, see (h)(6) of this
				  Section.
(7)
Site specific
				  concerns.
Void of slick spots within or adjacent to the land application
				  area, where subsurface lateral movement of water is unlikely, or areas void of
				  concentrated surface flow such as gullies or waterways.
(8)
Stockpiling of cuttings.
Stockpiling of cuttings may be used during the handling and transportation of
				  the cuttings both at the well location and the receiving site. At the well site
				  or pad generating the waste, the cuttings must be placed in a steel pit or the
				  areas used for this practice must be lined and bermed. A stockpile of cuttings
				  at the receiving site must be located on the permitted area and the areas used
				  for this practice must be lined and bermed. The stockpile of cuttings, whether
				  at the well location or the receiving site, must be closed within 30 days of
				  cessation of drilling operations.