Current through Register Vol. 46, No. 39, September 25, 2024
(a) The drilling, casing and completion
program adopted for any well shall be such as to prevent pollution.
(b) Pollution of the land and/or of surface
or ground fresh water resulting from exploration or drilling is
prohibited.
(c)
(1) Prior to the issuance of a well-drilling
permit for any operation in which the probability exists that brine, salt water
or other polluting fluids will be produced or obtained during drilling
operations in sufficient quantities to be deleterious to the surrounding
environment, the operator must submit and receive approval for a plan for the
environmentally safe and proper ultimate disposal of such fluids. For purposes
of this subdivision, drilling muds are not considered to be polluting fluids.
Before requesting a plan for disposal of such fluids, the department will take
into consideration the known geology of the area, the sensitivity of the
surrounding environment to the polluting fluids and the history of any other
drilling operations in the area. Depending on the method of disposal chosen by
the applicant, a permit for discharge and/or disposal may be required by the
department in addition to the well-drilling permit. An applicant may also be
required to submit an acceptable contingency plan, the use of which shall be
required if the primary plan is unsafe or impracticable at the time of
disposal.
(2) Brine or salt water
may be temporarily stored prior to disposal in any water-tight tank, container
or an earthen pit which is underlaid by soil such as heavy clay or hardpan.
Impounding of brine or salt water in an earthen pit is prohibited where the
soil underlying the pit is porous and/or is closely underlaid by a gravel, rock
or sand stratum unless the pit is lined with watertight material. The tank,
container or earthen pit shall be constructed and maintained so as to prevent
escape of any fluids therefrom, including any amounts that may be added by
natural precipitation.
(3) Storage
of brine, salt water or other polluting fluids in such watertight tanks or
earthen pits, prior to disposal, shall be for a maximum of 45 days after
cessation of drilling operations, unless the department approves an extension
based on circumstances beyond the operator's control. The department may also
approve an extension if the fluid is to be used in subsequent operations
according to the submitted plan, and the department has inspected and approved
the storage facilities.
(d) Except as hereinafter provided,
sufficient surface casing shall be run in all wells to extend below the deepest
potable fresh water level.
(e) The
drilling, casing and completion program adopted for any well shall be such as
to prevent the migration of oil, gas or other fluids from one pool or stratum
to another.
(f) The drilling,
casing and completion program adopted for any well shall be such as to exclude
oil, gas or other fluids from any underground mining properties or rights and
to protect them in accordance with prudent operations.
