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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

25 Pa. Code § 78a.60. Discharge requirements.

§ 78a.60. Discharge requirements.

 (a)  The owner and operator may not cause or allow a discharge of a substance, fill or dredged material to the waters of the Commonwealth unless the discharge complies with this subchapter and Chapters 91, 92a, 93, 95, 102 and 105, The Clean Streams Law (35 P.S. § §  691.1—691.1001), the Dam Safety and Encroachments Act (32 P.S. § §  693.1—693.27) and the act.

 (b)  The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land application unless the discharge is in accordance with the following requirements:

   (1)  No additives, drilling muds, regulated substances or drilling fluids other than gases or fresh water have been added to or are contained in the water, unless otherwise approved by the Department.

   (2)  The pH is not less than 6 nor greater than 9 standard units, or is characteristic of the natural background quality of the groundwater.

   (3)  The specific conductance of the discharge is less than 1,000 µmHos/cm.

   (4)  There is no sheen from oil and grease.

   (5)  The discharge water shall be spread over an undisturbed, vegetated area capable of absorbing the tophole water and filtering solids in the discharge, and spread in a manner that prevents a direct discharge to surface waters and complies with §  78a.53 (relating to erosion and sediment control and stormwater management).

   (6)  Upon completion, the area complies with §  78a.53.

   (7)  The area of land application is not within 200 feet of a water supply or within 100 feet of a watercourse or body of water or within the floodplain.

   (8)  If the water does not meet the requirements of paragraph (2) or (4), the Department may approve treatment prior to discharge to the land surface.

 (c)  Compliance with subsection (b) shall be documented by the operator and made available to the Department upon request while conducting activities under subsection (b) and submitted under §  78a.65(e)(1) and (2) (relating to site restoration).

Cross References

   This section cited in 25 Pa. Code §  78a.54 (relating to general requirements); 25 Pa. Code §  78a.55 (relating to control and disposal planning; emergency response for unconventional wells); 25 Pa. Code §  78a.56 (relating to temporary storage); 25 Pa. Code §  78a.57 (relating to control, storage and disposal of production fluids); 25 Pa. Code §  78a.61 (relating to disposal of drill cuttings); and 25 Pa. Code §  78a.63a (relating to alternative waste management).

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