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25 Pa. Code § 78.63. Disposal of residual waste—land application.

§ 78.63. Disposal of residual waste—land application.

 (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.

 (b)  A person may not dispose of residual waste, including contaminated drill cuttings, at the well site unless the concentration of contaminants in the leachate from the waste does not exceed the maximum concentration stated in §  261.24 Table I (relating to characteristic of toxicity).

 (c)  The owner or operator may request to dispose of residual waste, including contaminated drill cuttings, in an alternate manner from that required in subsection (a) by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section.


   The provisions of this §  78.63 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229; amended December 16, 1994, effective December 17, 1994, 24 Pa.B. 6284; amended March 30, 2001, effective March 31, 2001, 31 Pa.B. 1736. Immediately preceding text appears at serial pages (241909) to (241911).

Cross References

   This section cited in 25 Pa. Code §  78.54 (relating to general requirements); 25 Pa. Code §  78.55 (relating to control and disposal planning); 25 Pa. Code §  78.56 (relating to pits and tanks for temporary containment); 25 Pa. Code §  78.57 (relating to control, storage and disposal of production fluids); and 25 Pa. Code §  78.61 (relating to disposal of drill cuttings).

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