Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78.63 - Disposal of residual waste-land application

Current through Register Vol. 54, No. 28, July 13, 2024
(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.