Ala. Admin. Code r. 400-2-8-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 400-2-8-.03 - Pollution Prevention And Control(1) The operator shall conduct oil and gas operations so as not to pollute in any way that would harm the environment, including plant and animal life and water resources. If pollution occurs, the operator shall immediately take the appropriate action to control and effectively remove the pollutant. Additionally, the operator shall notify other appropriate governmental agencies of the incident. If the waters are polluted by the drilling or production operations conducted by or on behalf of the operator, and such pollution threatens human life, wildlife and aquatic life, or damages public or private property, the control and effective removal of the pollutant shall be at the expense of the operator. Upon failure of the operator to control and remove the pollutant, the Supervisor shall have the right to accomplish the control and removal of the pollutant in accordance with any established contingency plan for combating oil spills or by other means at the cost of the operator. Such action shall not relieve the operator of any responsibility as provided herein.(2) The operator's liability to third parties, other than for cleaning up the pollutant in accordance with section (1) of this rule shall be governed by Section 9-17-19 of the Code of Ala. 1975.(3) No liquid or solid substances resulting from any oil or gas drilling or production operation shall be discharged into the waters until seven (7) days after two (2) copies of appropriate permit(s) and written statement(s) of agreement with the appropriate governmental agencies approving such discharge(s) have been filed with the Supervisor.(4)Rubbish and Debris.(a) Materials, equipment, tools, containers, and other items used in offshore waters, which are of such shape, or configuration that they are likely to snag or damage fishing devices shall be handled and marked as follows: 1. All loose material, small tools, and other small objects shall be kept in a suitable storage area or a marked container when not in use and in a marked container before transport over offshore waters;2. All cable, chain, or wire segments shall be recovered after use and securely stored until suitable disposal is accomplished;3. Skid-mounted equipment, portable containers, spools or reels, and drums shall be marked with the owner's name prior to use or transport over offshore waters; and4. All markings must clearly identify the owner and must be durable enough to resist the effects of the environmental conditions to which they may be exposed.(b) Disposal of equipment, cables, chains, containers, or other materials into offshore waters is prohibited.(c) Any of the items described in section (4)(a)1 of this rule that are lost overboard shall be recorded on the facility's operations report, as appropriate, and reported to the Supervisor.(5)Class II Underground Injection Control Operations. Underground injection of brines or other fluids is subject to Rule 400-4-1-.01, et seq., relating to Rules and Regulations of the State Oil and Gas Board of Alabama Governing Class II Underground Injection Control Operations.(6)Drilling and Production Facilities.(a) Curbs, gutters, drip pans and drains shall be installed in deck areas in a manner necessary to collect all contaminants not authorized for discharge and maintained on all platforms, fixed structures, and mobile drilling facilities to collect and pipe all contaminants to a properly designed, operated and maintained sump system that will prevent discharge of such contaminants into the waters.(b) All production facilities, such as separators, tanks, treaters, and other equipment, shall be such as are necessary to control the maximum anticipated pressures and production of hydrocarbons and associated sulfur; and shall be maintained at all times in a manner necessary to prevent pollution.(c) The requirements of section (6)(a) and (b) of this rule shall not prohibit the discharge of certain substances, provided such discharge is approved in accordance with Rule 400-2-8-.03(3)(d) The operator's personnel shall be thoroughly instructed in the techniques of equipment maintenance and operation for the prevention of pollution. Other personnel shall be informed in writing, prior to executing contracts, of the operator's obligations to prevent pollution.(7)Inspection and Reports. The operator shall comply with the following pollution inspection and reporting requirements:(a)Pollution Inspections.1. Manned facilities shall be inspected daily.2. Unattended facilities, including those equipped with remote control and monitoring systems, shall be inspected at frequent intervals. The Supervisor may prescribe the frequency of inspections for these facilities.(b)Pollution Reports.1. All spills or leakage of oil and liquid substances not approved for discharge shall be reported orally to the Supervisor or his representative within the following time limits: (i) By noon of the next business day, if spill or leakage is less than one (1) gallon in the aggregate, or(ii) Immediately, if spill or leakage is more than one (1) gallon in the aggregate. Within fifteen (15) days after reporting a spill or leakage required in (ii), Form OGB-27, Notification of Fire, Spill, Leak, or Blowout Incident Report shall be filed with the Supervisor describing the location, size, and cause of such spill or leakage, action taken, and the effectiveness of removal and cleanup operations.2. The operator shall immediately take the appropriate action to clean up spills and repair leaks. Additionally, the operator shall notify other appropriate governmental agencies of the incident.3. Operators shall notify each other upon observation of equipment malfunction or pollution resulting from another operator's operation.(8)Pollution Control Equipment and Materials. Pollution-control equipment and materials shall be maintained by, or shall be available to, each operator at an offshore location or at a shore base location. The equipment shall include containment booms, skimming apparatus, cleanup materials, chemical agents and other items needed for the existing environmental conditions, and shall be available prior to the commencement of drilling and production operations. The equipment and materials shall be inspected monthly and maintained in a state of readiness for use. A record of the inspections shall be maintained at the site at which the equipment is stored and maintained.(9)Area Contingency Spill Response Plan. Unless previously filed with the Supervisor, an operator shall submit two (2) copies of the area contingency spill response plan that has been approved by the appropriate agency, or agencies, having such authority. Unless required otherwise, such plan shall be submitted to the Board within fifteen (15) days after it is approved, with an attached written statement verifying approval of said plan. Any modifications to the plan shall be submitted to the Supervisor. Author: State Oil and Gas Board
Ala. Admin. Code r. 400-2-8-.03
New Rule: Filed April 11, 2000; effective May 16, 2000; Amended: Filed February 5, 2001; effective March 12, 2001.Statutory Authority:Code of Ala. 1975, §§ 9-17-1, etseq.