Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-16 - Construction of Pits and Freshwater Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels Included in a Specific Well Work Permit16.1. All pits and freshwater impoundments with capacity of greater than five thousand (5,000) barrels that are included in a specific well work permit shall be constructed only in locations appropriate for the storage of water, including wastewater, and shall be designed, constructed, located, maintained, and used in accordance with this rule and in a manner that minimizes adverse environmental effects and assures safety to the public. Notice of construction of all pits and freshwater impoundments shall be provided to the oil and gas inspector and the Chief prior to construction. The notice shall identify the location and dimensions of the pit or freshwater impoundment. The Chief shall have the authority to inspect these sites and enforce this rule.16.2. Design and Construction Requirements. - All pits shall meet the requirements of subdivisions 17.2.b. through 17.2.f. and subdivision 17.2.h. of this rule. Additionally, all pits and freshwater impoundments subject to this section shall meet the following minimum requirements:16.2.a. Be constructed in accordance with plans designed and certified by a West Virginia registered professional engineer;16.2.b. Provide adequate freeboard of no less than approximately two (2) feet to resist overtopping by waves or sudden increases in volume and to provide adequate slope protection against surface erosion and sudden drawdown;16.2.c. Have a stable foundation during all phases of construction and operation and be designed based on adequate and accurate information on the foundation conditions; and16.2.d. Incorporate lifelines and perimeter fencing for increased safety.16.3. In constructing the dike or embankment, the operator shall remove all topsoil from the foundation, install cutoff trenches where necessary to ensure stability, provide for proper compaction and ensure against excessive settlement by excluding sod, roots or frozen soil from the embankment. Permanent vegetative cover, free of brush and trees, shall be established on all dikes and embankments.16.4. A pit or freshwater impoundment that is constructed in such a manner that it (a) Rises twenty-five (25) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifteen (15) acre-feet or more of water; or (b) Rises six (6) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifty (50) acre-feet or more of water is, by definition, a dam and thereby subject to the provisions of the West Virginia Dam Control Act, W. Va. Code § 22-14-1, et seq. and are not subject to the requirements of this section or of W. Va. Code § 22-6A-1 et seq. as it relates to pit and impoundment construction.16.5. Any freshwater impoundment that does not meet the criteria of section 16.4 above and that is intended to be left permanent shall meet the requirements set forth by the United States Department of Agriculture's Natural Resources Conservation Service "Conservation Practice Standard - Ponds" (Code 378). No pits may be left permanent.16.6. Inspections. 16.6.a. After construction and prior to the placement of any fluid, all pits and freshwater impoundments with a capacity of greater than five thousand (5,000) barrels shall be inspected by a West Virginia registered professional engineer to ensure compliance with the certified design and construction plan. If the inspection reveals that the pit or freshwater impoundment has been constructed in accordance with the plan, the professional engineer shall certify that in writing to the Chief. Placement of fluid in the pit or freshwater impoundment shall not begin until the certification has been filed with the Chief.16.6.b. All pits and freshwater impoundments with a capacity of greater than five thousand (5,000) barrels containing fluid must be inspected every two (2) weeks for the life of the pit or freshwater impoundment and within twenty-four (24) hours of a significant rain event, which shall be defined as rainfall of two (2) inches or more in a six (6) hour period. The inspection must be conducted by a company representative experienced in pit and impoundment construction and a report of the same shall be available for review by the Office. If an inspection discloses a potential hazard, the company shall inform the oil and gas inspector or the Chief within twenty-four (24) hours of the inspection the findings and of the emergency procedures implemented for public protection and remedial action.