Current through Register Vol.
43, No. 12, March 20, 2024
Disposal of drilling waste by land-spreading shall be approved
by the KCC only if the operator has certified, and provided supporting
documentation if required by
K.A.R.
28-29-1602, that the drilling waste and the
disposal site meet all of the following conditions:
(a) Drilling waste. The drilling waste meets
both of the following conditions:
(1) The
drilling mud that will be used in each well that will produce the drilling
waste is water-based drilling mud.
(2) The predicted NORM level, as defined in
K.A.R. 28-29-1600, meets both of the following conditions:
(A) The maximum predicted NORM level is no
more than 1.5 times the highest NORM level found in drilling waste samples
collected from Kansas wells.
(B)
The maximum predicted NORM level is no more than 370 Bq/kg (10
pCi/g).
(b)
Previous land-spreading. No land-spreading has occurred at the disposal site in
the past three years.
(c) Soil
chloride concentration. The chloride concentration in the soil at the disposal
site is less than the following:
(1) 300 parts
per million (ppm) if the disposal site has previously been used for
land-spreading; and
(2) 500 ppm if
the disposal site has not previously been used for land-spreading.
(d) Buffer zones. The disposal
site is located as follows:
(1) At least 100
feet from each of the following:
(A) Each
intermittent stream; and
(B) each
drainage swale, ditch, or other physical feature that channels overland
flow;
(2) at least 200
feet from each of the following:
(A) The
property boundary, unless the adjacent property ownership and use are the same
as the property ownership and use of the disposal site;
(B) each perennial stream; and
(C) each freshwater pond, lake, and
wetland;
(3) at least
500 feet from each habitable structure;
(4) at least 1,000 feet from each water well
that is being used or could be used for domestic or agricultural purposes. If
the applicant demonstrates to the KCC that the disposal site is
hydrogeologically downgradient from the water well, this distance may be
reduced to 500 feet; and
(5)
one-half mile or more from each actively producing water well that is used for
municipal purposes.
(e)
Physical characteristics. The disposal site meets the following conditions:
(1) The maximum slope at the site is eight
percent or less.
(2) The depth of
unconsolidated material at the surface is at least 24 inches.
(3) Within the top six feet below the
surface, there is at least one layer of soil that meets all of the following
conditions:
(A) Is continuous across the
site;
(B) is at least 12 inches
thick;
(C) is above the shallowest
consolidated layer; and
(D)
consists of one or more of the following soil textures:
(i) Clay, silty clay, or sandy
clay;
(ii) silt; or
(iii) loam, clay loam, silty clay loam, sandy
clay loam, silt loam, fine sandy loam, or sandy loam.
(4) Based on historical data or
site conditions, the groundwater elevation in the uppermost aquifer underlying
the disposal site is at least 10 feet below the ground surface.
(f) Irrigation. If the disposal
site is irrigated, the chloride concentration of the irrigation water is less
than 350 ppm.
(g) Contamination.
There is no chloride groundwater contamination below the disposal site, based
on the chloride contamination map provided by the KCC.
