Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78a - UNCONVENTIONAL WELLS › Subchapter C - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 78a.59b - Well development impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to meeting the requirements
						of §
												78a.59a (relating to impoundment
						embankments), any new well development impoundments must be in compliance with
						this section.
(b) A well operator
						using a well development impoundment prior to October 8, 2016, shall register
						the location of the well development impoundment by December 7, 2016, by
						providing the Department, through the Department's web site, with electronic
						notification of the GPS coordinates, township and county where the well
						development impoundment is located as well as certification as to whether the
						impoundment meets the requirements in subsections (d), (e) and (h). Any
						impoundments that do not comply with the requirements in subsections (d), (e)
						and (h) shall be upgraded to meet these requirements or restored in accordance
						with subsection (g) by October 10, 2017.
(c) A well operator shall register the
						location of a new well development impoundment prior to construction.
						Registration of the well development impoundment may be transferred to another
						operator. Registration transfers shall utilize forms provided by the Department
						and be submitted electronically to the Department through its web
						site.
(d) Well development
						impoundments shall be constructed with a synthetic impervious liner.
(e) Unless an individual is continuously
						present at a well development impoundment, a fence must completely surround the
						well development impoundment to prevent unauthorized acts of third parties and
						damage caused by wildlife.
(f) The
						bottom of the impoundment must be at least 20 inches above the seasonal high
						groundwater table. The applicant may maintain the required separation distance
						of 20 inches by passive artificial means such as an under-drain system
						throughout the lifetime of the impoundment. In no case shall the regional
						groundwater table be affected by the passive artificial system. The operator
						shall document the depth of the seasonal high groundwater table, the manner in
						which the depth of the seasonal high groundwater table was ascertained, the
						distance between the bottom of the impoundment and the seasonal high
						groundwater table, and the depth of the regional groundwater table if the
						separation between the impoundment bottom and seasonal high groundwater table
						is maintained by artificial means. A soil scientist or other similarly trained
						person using accepted and documented scientific methods shall make the
						determination. The determination must contain a statement certifying that the
						impoundment bottom is at least 20 inches above the seasonal high groundwater
						table according to observed field conditions. The name, qualifications and
						statement of the person making the determination and the basis of the
						determination shall be provided to the Department upon request.
(g) Well development impoundments shall be
						restored by the operator that the impoundment is registered to within 9 months
						of completion of hydraulic fracturing of the last well serviced by the
						impoundment. An impoundment is restored under this subsection by the operator
						removing excess water and the synthetic liner, returning the site to
						approximate original conditions, including preconstruction contours, and
						supporting the land uses that existed prior to oil and gas operations to the
						extent practicable. An extension of the restoration requirement may be approved
						under §
												78a.65(c)
						(relating to site restoration). If requested by the landowner in writing, on
						forms provided by the Department, the requirement to return the site to
						approximate original contours may be waived by the Department if the liner is
						removed from the impoundment.
(h)
						Prior to storing mine influenced water in a well development impoundment, the
						operator shall develop a mine influenced water storage plan and submit it to
						the Department for approval.
(1) The mine
						influenced water storage plan shall be submitted on forms provided by the
						Department and include the following:
(i) A
						demonstration that the escape of the mine influenced water stored in the well
						development impoundment will not result in air, water or land pollution, or
						endanger persons or property.
(ii)
						A procedure and schedule to test the mine influenced water. This testing shall
						be conducted at the source prior to storage in the impoundment.
(iii) A records retention schedule for the
						mine influenced water test results.