Section 312 IAC 29-21-4 - Land application of water-based drilling and completion fluids and drill cuttingsAuthority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 4.
(a) The owner or operator shall comply with the requirements of this section for land application of fresh water-based drilling and completion fluid wastes.(b) The land application site for drilling and completion fluid waste must meet the following requirements:(1) To the extent practical, land application shall occur on lands previously disturbed by well site construction and drilling operations.(2) Unless authorization is obtained from the division director under subsection (e) when land application is not practical under subdivision (1), the land application site shall be within the boundary of:(A) the drilling unit associated with the well that is drilled;(B) a communitization agreement or pooling declaration associated with the well that is drilled; or(C) a waterflood unit associated with the well that is drilled.(3) The land application site shall be located at least:(A) one hundred (100) feet from any water well;(B) one hundred (100) feet from any stream, pond, lake, or other surface water body; and(C) fifty (50) feet from any unleased property line.(c) Land application shall not be performed: (1) during a precipitation event or on occasions when precipitation is likely to occur before the wastes are absorbed or can be incorporated into the soil;(2) on lands with saturated soils or where water is ponding on the surface;(3) at any times other than during daylight hours;(4) in a manner that allows ponding of the drilling or completion fluid waste or allows the discharge of drilling or completion fluid waste into surface waters, ditches, or other drainage ways; or(5) unless an authorized representative of the well owner or operator is present at the time of land application to ensure compliance with this section.(d) Only water-based drilling and completion fluid wastes meeting the following criteria may be land applied: (1) Chloride shall be less than one thousand (1,000) milligrams per liter.(2) Total dissolved solids shall be less than one thousand five hundred (1,500) milligrams per liter.(3) pH shall be greater than 6.5 and less than 9.0.(4) No visible sheen shall be present on the drilling or completion fluid waste prior to land application.(e) If the site for proposed land application of wastes is not located within an area provided in subsection (b)(1), the well owner or operator may apply to the division for authorization to land apply water based drilling and completion fluid wastes on the alternate site. The application shall be on a form prescribed by the division that shall include, at a minimum, the following information: (1) A copy of written permission to the land application of wastes from the landowner of the alternate site.(2) A map or diagram showing the proposed application area and a demonstration that the site meets the requirements of subsection (b).(3) An estimate of the volume of waste material to be land applied and a demonstration that the waste meets the requirements of subsection (d).(f) Upon finding the application for an alternate disposal site meets the requirements of this section, the division shall approve the application. The authorization shall be valid for a period of ninety (90) days.(g) Within thirty (30) days following the conclusion of land farming operations under this section, the owner or operator shall file with the division a report including the following information:(1) A map or diagram showing the location of the area of land used for land application of the wastes.(2) The total volume of waste disposed of at this location.Natural Resources Commission; 312 IAC 29-21-4; filed 12/1/2017, 10:35 a.m.: 20171227-IR-312160230FRAReadopted filed 1/17/2023, 1:53 p.m.: 20230215-IR-312220328RFA