W. Va. Code R. § 35-8-17

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-17 - Construction of Centralized Pits and Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels
17.1. For purposes of this rule, the following terms have the following meanings:
17.1.a. "Centralized pit or impoundment" is a pit or impoundment, as that term is defined above, with capacity of greater than five thousand (5,000) barrels, which is not associated with a specific well work permit, but which is being used by the operator for the fluid management of one or more surrounding well work locations. The operator must receive a certificate of approval from the Chief prior to constructing a centralized pit or impoundment.
17.1.b. "Certificate of approval" means the written approval issued by the Chief to a person who has applied to the Chief for a certificate that authorizes the person to place, construct, enlarge, alter, remove or repair a centralized pit or impoundment and which specifies the conditions or limitations under which the work is to be performed by the applicant.
17.1.c. "Dangerous condition" means any structural or hydraulic condition of a centralized pit or impoundment that may lead to (1) failure of the centralized pit or impoundment and possible loss of human life or substantial loss of property; (2) harm to the public health or welfare; or (3) significant harm to the environment.
17.1.d. "Emergency condition" means an imminently dangerous condition where failure of the centralized pit or impoundment is possible at any time.
17.2. All centralized pits and impoundments shall be constructed in accordance with the provisions of section 16 above and the additional requirements set forth in this section except subsections 17.2.f. and 17.2.g. which do not apply to freshwater impoundments.
17.2.a. Siting Requirements
17.2.a.1. No centralized pits or freshwater impoundments shall be constructed or utilized in any area identified, mapped, and published as karst terrain by the West Virginia Geological and Economic Survey.
17.2.a.2. Centralized pits may not be constructed within the one hundred (100) year floodplain of waters of this State as determined by the National Flood Insurance Program (NFIP) floodplain mapping; in or within one hundred feet (100') of a wetland as measured horizontally from the limit of disturbance; within five hundred feet (500') measured horizontally from the limit of disturbance to an occupied dwelling, unless the dwelling owner has provided a written waiver consenting to the pit being closer than five hundred feet (500'); within five hundred feet (500') of a perennial stream as measured horizontally from the limit of disturbance; within five hundred feet (500') of a private water source as measured horizontally from the limit of disturbance, unless the owner of the water source has provided a written waiver consenting to the pit being closer than five hundred feet (500'); within one thousand feet (1,000') upstream of a public water system intake source as measured horizontally from the limit of disturbance; or in or within twenty inches (20") of the seasonal high of the groundwater table, except perched groundwater zones.
17.2.b. A centralized pit or impoundment shall have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. Minimum crest width of the embankment shall be twelve feet (12'). Maximum interior and exterior slopes shall be constructed at a two-to-one ratio (2:1), horizontal to vertical, unless the operator can demonstrate through soil testing and engineered plans that include slope stability analyses that different slope configurations are sufficient to hold the required loading as defined by the engineer with a minimum factor of safety of one and one-half (1.5).
17.2.c. Minimum compaction requirements for embankment fills shall be the same as those for embankment fills as set forth in subdivision 5.5.c.9 above and have maximum side slopes of two horizontal to one vertical (2:1)
17.2.d. Fills shall be constructed in horizontal lifts with a maximum thickness nine inches (9") with no individual particle being greater than three inches (3"). Organic material, woody debris, frozen material or any other objectionable or deleterious material shall not be allowed in any fill material utilized in the construction of a pit or impoundment. No fill material shall be allowed that is too wet or too dry to achieve adequate compaction based on soil test results;
17.2.e. Liner Requirements
17.2.e.1. Centralized impoundments shall have a synthetic liner designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum thickness) to prevent the migration of water out of the impoundment to the adjacent surface and subsurface soil, groundwater or surface water at any time during the active life.
17.2.e.2. Centralized pits shall have a two liner system. The liner system shall be designed, constructed, and installed to prevent migration of wastewater out of the centralized pit to the adjacent surface and subsurface soil, groundwater or surface water at any time during the active life of the centralized pit. The liner system shall include a synthetic top liner designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum thickness) to prevent the migration of wastewater into the liner during the active life of the pit and a synthetic bottom liner, designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum) to prevent the migration of wastewater into this component during the active life of the pit.
17.2.e.3. Liners shall be constructed of synthetic materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the water or wastewater to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation; placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and installed to cover all surrounding earth likely to be in contact with the water or wastewater.
17.2.f. Leak Detection
17.2.f.1. The area between the top and bottom liners, as described in paragraph 17.2.e.2., shall be designed as a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of wastewater at the earliest practicable time through all areas of the top liner likely to be exposed to wastewater during the active life of the pit.
17.2.f.2. The leak detection system shall be constructed with a minimum bottom slope of one percent; constructed of granular drainage materials with a hydraulic conductivity of 1x10-1 cm/sec or more and a minimum thickness of twelve (12") inches (30.5 cm) or constructed of synthetic or geomet drainage materials with a transmissivity of at least 3x10-4 m2/sec; constructed of materials that are chemically resistant to the wastewater in the centralized pit, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastewater and any materials or equipment used at the surface of the centralized pit; designed and operated to minimize clogging during the active life of the pit; and constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each centralized pit shall have its own sump(s). The design of each sump and removal system shall provide a method for monitoring the volume of liquids removed.
17.2.f.3. Any liquids removed from a pit shall be properly managed by offsite disposal or placed back into the centralized pit. The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
17.2.g. Monitoring
17.2.g.1. A person or company that operates a centralized pit shall install, operate, and maintain a monitoring system that can detect the entry of contaminants into the groundwater or surface water.
17.2.g.2. The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry, and flow systems on the site and adjacent area. For the purpose of establishing baseline groundwater data, the system shall consist of at least one monitoring well hydraulically down gradient from the proposed pit area in the direction of decreasing static head that is capable of providing representative data of groundwater prior to the construction of the pit. The down gradient monitoring well(s) shall be: sufficient in number, location and depth to be representative of water quality; located so that they do not interfere with routine well operations; located within two hundred feet (200') of the centralized pit; and drilled by drillers licensed in accordance with the Division of Water and Waste Management's Monitoring Well Rules, 47 CSR 59. The well materials shall be decontaminated prior to installation. All monitoring wells shall be installed in accordance with the Division of Water and Waste Management's Monitoring Well Design Standards, 47 CSR 60.
17.2.g.3. The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the centralized pit. At a minimum, the program shall include procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, and chain of custody control.
17.2.g.4. Analyses of data collected shall be submitted to the Office within sixty (60) days of sampling or fifteen (15) days after completion of analyses, whichever is sooner, unless the Office approves another time period upon request of the operator and for good cause shown. Water samples must be collected from monitoring wells on a minimum frequency of once per calendar quarter and analyzed by a laboratory certified by the Division of Water and Waste Management's laboratory certification program for, at a minimum, the following parameters:
17.2.g.4.A. Total dissolved solids;
17.2.g.4.B. Chloride;
17.2.g.4.C. Sulfates;
17.2.g.4.D. pH; and
17.2.g.4.E. Specific conductance.
17.2.h. A centralized pit or impoundment shall be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error and have at a minimum two feet (2') of freeboard maintained at all times. To verify the two feet (2') of freeboard, the elevation of two feet (2') below the crest of the centralized pit or impoundment shall be permanently marked on the liner.
17.3. Certificate of Approval for Construction of Centralized Pits and Impoundments
17.3.a. Application Preparation, Submission, and Review
17.3.a.1. Applications shall be submitted on Form IMP-1B. Application forms must be completed in their entirety without unauthorized omissions, alterations or additions. Applications shall be signed by the applicant.
17.3.a.2. A complete application will consist of a completed and signed application form, all applicable fees, and a plan package containing the information required by subdivision 17.3.b. below.
17.3.a.3. Applications will be reviewed for sufficiency by the Office. The review will consider the completeness and technical accuracy of the information submitted and will evaluate all engineering plans and assumptions to determine the safety of the centralized pit or impoundment.
17.3.a.4. Applications that are incomplete or otherwise not in compliance with the requirements of this rule will be returned to the applicant for correction.
17.3.b. Plans and Specifications
17.3.b.1. Plans and Specifications - Plans and specifications relating to the design, placement, construction, enlargement, alteration, repair, removal or reclamation of a centralized pit or impoundment must be prepared in accordance with the requirements of this rule.
17.3.b.2. All plans and specifications shall be signed and certified by a West Virginia registered professional engineer.
17.3.b.3. Plan Package Organization - Each plan package submitted for approval shall contain a general narrative discussion of the project to fully and accurately describe the following information, arranged in the following order, unless an alternative submission format is approved by the Chief:
17.3.b.3.A. Existing site conditions;
17.3.b.3.B. Local geology and geotechnical considerations;
17.3.b.3.C. Design techniques with associated design computations and data;
17.3.b.3.D. Environmental protection measures for the control of erosion and sedimentation and for the disposal of construction wastes;
17.3.b.3.E. Method of construction, including clearing and grubbing, topsoil stockpiles, and surface and subsurface drainage structures; and
17.3.b.3.F. Routine inspection and maintenance procedures and schedules.
17.3.b.4. Project Specifications - Specifications submitted with the plan package must be specific to construction of the centralized pit or impoundment for which a certificate of approval is being sought. Specifications shall be included in the plan package to detail the following:
17.3.b.4.A. Clearing and grubbing;
17.3.b.4.B. Soil stockpiles;
17.3.b.4.C. Slopes and grades;
17.3.b.4.D. Surface drainage structures such as embankment diversion ditches;
17.3.b.4.E. Spreading and compaction requirements, including lift thicknesses, moisture content, and degree of compaction;
17.3.b.4.F. Anti-seep mechanisms;
17.3.b.4.G. Channel and slope protection (e.g., riprap);
17.3.b.4.H. Project quality control and testing;
17.3.b.4.I. Construction erosion and sediment control;
17.3.b.4.J. Construction waste disposal;
17.3.b.4.K. Dust abatement;
17.3.b.4.L. Revegetation;
17.3.b.4.M. Installation and reading of monitoring devices;
17.3.b.4.N. Inspection and maintenance; and
17.3.b.4.O. Other information as requested by the Chief.
17.3.c. Maps and Drawings - The operator shall include maps and drawings in the plan package showing the following:
17.3.c.1. The project area in relation to primary highways, county seats, and major drainages. County highway maps may be used for this purpose;
17.3.c.2. The limits of the project area shall be included in the plan package. The minimum map scale meeting this requirement is a 71/2- minute United States Geological Survey topographic map with the project area plotted on it;
17.3.c.3. A plan view map of the project area that shows all disturbed and impoundment or pit areas shall be included in the plan package showing detailed contour intervals (i.e., a five-foot maximum interval); and
17.3.c.4. Construction drawings shall be included in the plan package showing subdrains, spillways, anti-seep mechanisms, and other pertinent structures.
17.3.d. Erosion and Sediment Control Plan - The operator shall submit as part of the plan package an erosion and sediment control plan that has been certified by a West Virginia registered professional engineer. Erosion and sediment control measures shall, at a minimum, conform to current erosion and sediment control reference manuals and apply to the entire project area.
17.3.e. Reclamation Plan - The operator shall submit as part of the plan package a reclamation plan that has been certified by a West Virginia registered professional engineer. The reclamation plan shall include details describing the post-construction phase and the post-use final reclamation configuration of the centralized pit or impoundment site.
17.3.f. Maintenance Plan - The operator shall submit as part of the plan package a maintenance plan that has been certified by a West Virginia registered professional engineer. The maintenance plan shall be updated periodically as necessary to reflect changing site conditions and shall include, at a minimum, schedules for maintaining embankments, vegetative or rock covers, gates, fences, safety lines and equipment, liners, pumps, diversion ditches, drainage control, manifold loading lines, monitoring equipment, and appurtenances. The maintenance plan shall be implemented immediately by the operator upon issuance of the certificate of approval by the Chief. Specific maintenance requirements are set forth in subsection 17.8. below.
17.3.g. Monitoring and Emergency Action Plan
17.3.g.1. The operator shall submit as part of the plan package a monitoring and emergency action plan that includes, but is not limited to, the following:
17.3.g.1.A. A description of the centralized pit or impoundment, including appropriate drawings and location maps;
17.3.g.1.B. A description of areas or items to be inspected;
17.3.g.1.C. The responsible persons' names, addresses, and telephone numbers;
17.3.g.1.D. The method the responsible person(s) will use to contact the Chief and county emergency services authorities in the event of an emergency; and
17.3.g.1.E. Other items required by the Chief based upon site-specific conditions.
17.3.g.2. Monitoring and emergency action plans shall be updated annually. More frequent updating of the plans may be required by the Chief based upon rapidly changing personnel or site conditions. The updated monitoring plan shall be implemented immediately by the operator upon the approval of the plan by the Chief.
17.3.g.3. The operator shall coordinate with county emergency service authorities in the development of the emergency action plan and shall provide county emergency services authorities with a copy of the approved monitoring and emergency action plan and all updates to that plan that have been approved by the Chief.
17.3.g.4. Emergency Procedures
17.3.g.4.A. Emergency Condition - If the operator determines that an emergency exists, he or she shall immediately notify any person who may be endangered if the centralized pit or impoundment should fail and then notify the appropriate county emergency services authorities and the Chief. After providing notification of the emergency condition, the operator shall immediately take any remedial action, such as an emergency release of water, which is necessary to protect life and property. The Chief may waive the requirement for a certificate of approval where necessary to accomplish repairs under emergency conditions.
17.3.g.4.B. Dangerous Condition - Should a dangerous condition develop, the operator shall immediately notify the Chief and take any remedial action necessary to protect life and property. Emergency procedures developed in accordance with the provisions of subdivision 17.3.g. shall be implemented to protect life and property downstream. The site shall be inspected and monitored at least once every eight (8) hours until the emergency situation is alleviated. Continuous monitoring may be required by the Chief when there is an imminent danger to the health, safety or welfare of the public.
17.3.g.4.C. Evaluation of Dangerous Conditions - If a dangerous condition develops, the operator shall initiate an engineering evaluation as soon as possible to formulate a plan for permanent correction of the dangerous condition. The evaluation and corrective action plan shall be submitted to and approved by the Chief prior to implementation.
17.3.g.5. The Chief's approval of a monitoring and emergency action plan or updates to the plan shall not relieve the operator of its legal duties, obligations or liabilities otherwise applicable by law.
17.3.h. Water Management Plan - All applications for certificates of approval for centralized pits or impoundments shall include an estimation of the volume of water that will be stored in the pit or impoundment for which the certificate of approval is sought and, if filling the pit or impoundment requires the use of water obtained by withdrawals from waters of this State in amounts that exceed two hundred ten thousand (210,000) gallons during any thirty-day period, the application for a certificate of approval shall include a water management plan as set forth in subsection 5.6. above,[2] except that the applicant for a certificate of approval does not need to provide the information required by paragraphs 5.6.b.4. and 5.6.b.5.
17.4. Notification of the Commencement of Construction - In addition to the requirements of W. Va. Code § 22-6A-10(h) and prior to the commencement of construction activities in the project area, the operator or the operator's representative shall notify the Chief and the surface owner of record of the tract on which the centralized pit or impoundment is to be constructed the name, address, and telephone number of the operator's and contractor's authorized contact person at the project area who is responsible for communicating with the Office and for receiving inspections reports and legal notifications, and the name, address, and telephone number of the operator's and contractor's authorized contact person at the project area whom the Chief or the surface owner can contact in case of an emergency, if those names and contact information are different.
17.5. Conformance with Plans
17.5.a. All work undertaken in the construction or modification of a centralized pit or impoundment shall be in strict conformance with the plans and specifications contained in the plan package submitted pursuant to subsection 17.3. above and approved by the Chief. Any changes to the approved plans and specifications shall be submitted to and approved by the Chief prior to implementation.
17.5.b. Upon completion of construction of a centralized pit or impoundment, the operator shall submit to the Chief certification from a West Virginia registered professional engineer that the centralized pit or impoundment was constructed in accordance with the approved plan. Once this certification and an as-built plan have been received by the Chief or the Chief's designee, the centralized pit or impoundment may be filled. This final certification shall be maintained by the operator for a minimum of five (5) years after the reclamation of the structure and site. The certification shall be completed, signed, and sealed by the registered professional engineer who provided oversight for construction and shall contain, at a minimum, the following information: a statement that the engineer provided oversight for all aspects of construction and that the pit or impoundment was constructed as designed and in substantial conformance with these requirements and the quality assurance and quality control plan; soils classification testing results for the embankments; soil compaction testing results for the sub-base; as-built drawings noting any deviation from the original plans; quality assurance and quality control test results; and color photographs of, at a minimum, the following: the cleared and grubbed foundation; the leak detection system installation; the placement and compaction of fill; the completed embankments; the completed sub-base; and (6) the completed secondary liner.
17.6. On-Site Documents - A copy of the certificate of approval, all approved plans and specifications, and all outstanding notices to comply or orders to comply that have been issued by the Chief shall be available at the project area office for reference by construction personnel and the oil and gas inspector.
17.7. Application and Annual Registration Fees
17.7.a. Application Fee - Each application submitted to place, construct, alter, repair or remove a centralized pit or impoundment shall include an application fee of three hundred dollars ($300).
17.7.b. Annual Registration Fee - Operators holding certificates of approval shall be assessed an annual registration fee of one hundred dollars ($100). In accordance with W. Va. Code § 22-6A-9, existing certificates of approval will be extended for one year upon receipt of the annual registration fee, an inspection report in accordance with subsection 17.9.b., a maintenance plan in accordance with subdivision 17.3.f., a monitoring and emergency action plan in accordance with subdivision 17.3.g., and a water management plan in accordance with subdivision 17.3.h. Where an approved, up-to-date inspection report, maintenance plan, monitoring and emergency action plan, and water management plan are on file in the Office, and where no outstanding violation(s) exist, then the certificate of approval will be extended without resubmission of the foregoing documents upon receipt of the annual registration fee.
17.7.c. Any certificate of approval issued pursuant to W. Va. Code § 22-6A-9 and this rule is void if fee payment has not been made within forty-five (45) days of receipt of notice that the amount is due. Resubmission of an application in accordance with section 17.3 is required where a certificate has become void.
17.8. Maintenance of Centralized Pits or Impoundments
17.8.a. Signage - Once constructed, a centralized pit or impoundment shall display adequate signage that readily identifies its owner, its name and Certificate of Approval (COA) identification number, its contents, the ten-digit telephone number of a 24-hour emergency contact person, and warnings to the public forbidding unauthorized entry and communicating the hazards of unauthorized entry. Signs shall be conspicuously displayed at road entrances and, at a minimum, one on each of four sides of the pit or impoundment to ensure visibility from any approach. Signs shall be constructed of durable, weather-proof material.
17.8.b. Security - All centralized pits and impoundments shall be enclosed by adequate fencing to secure the site from access by the public and wildlife. A six foot (6') minimum height perimeter fence that is suitable to limit unauthorized entry to the site shall be installed prior to placing any fluid in the centralized pit or impoundment. At least one strand of barbed wire shall be installed at the top of the perimeter security fence to discourage unauthorized entry. An equivalent fencing measure may be utilized upon the approval of the Chief. This security fence shall be maintained for the life of the centralized pit or impoundment. Orange construction barrier fence and barbed wire only fence shall not be considered adequate for limiting unauthorized access. A lifeline throw ring safety device attached to a rope shall be kept available at all times in case someone accidentally falls into the pit or impoundment. The safety device shall be attached in a readily available location adjacent to the centralized pit or impoundment.
17.8.c. Embankments - All failures resulting from landslides or slope failures shall be corrected immediately, if the failures affect the safety or design capacity of the centralized pit or impoundment or its appurtenances. Any such failure shall be reported to the oil and gas inspector or the Chief within twenty-four (24) hours of its occurrence.
17.8.d. All liners shall be maintained so as to prevent leakage.
17.8.e. The operator shall maintain leak detection equipment and establish a leak detection zone around any centralized wastewater impoundment so as to ensure quick detection of leaks; immediately address evidence of leaks, with all efforts made to control the leak, to lower the water level in order to inspect the leaking area, and to repair the leak; and report all leaks or spills to the agency's spill hotline at 1-800-642-3074, the oil and gas inspector, and the Chief.
17.8.f. The operator shall utilize a marking device in all centralized pits and impoundments that readily allows for water level readings. The marking device shall display increments of at least six (6) inches and be used to observe and log water level readings. The marking device may include paint markings on the liner wall, a vertical rod with markings or other similar system.
17.8.g. The immediate area surrounding all centralized pits and impoundments shall have vegetative control and be mowed periodically.
17.8.h. The embankments of all centralized pits and impoundments shall be kept clear of burrowing animals.
17.8.i. Diversion ditches and all other surface water control ditches shall be maintained in proper working order so as to prevent drainage into the centralized pit or impoundment or uncontrolled erosion and sedimentation.
17.8.j. The operator shall not store non-aqueous phase hydrocarbons (i.e. visible, floating hydrocarbons) in a centralized pit or impoundment. Accumulation of non-aqueous phase hydrocarbons shall be skimmed and disposed of properly.
17.9. Inspection of Centralized Pits or Impoundments
17.9.a. After construction and prior to the placement of any fluid, any centralized pit or impoundment 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 impoundment has been constructed in accordance with the plan, the professional engineer shall certify that in writing to the Chief. Placement of fluid into the pit or impoundment shall not begin until the certification and as-built plan have been filed with the Chief.
17.9.b. During initial filling operations, the pit or impoundment shall be monitored continuously until the structure is filled. The pit or impoundment shall be inspected daily, at a minimum, for the first seven (7) days after the initial filling. "Continuous monitoring" means that the structure will be inspected at a minimum frequency of at least every two (2) hours. During construction and installation, liner systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots or the presence of foreign materials). Immediately after construction or installation, synthetic liners shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.
17.9.c. All centralized pits and impoundments containing fluid must be inspected every two (2) weeks for the life of the pit or 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 person conducting the inspection shall report describing evidence of any of the following: deterioration, malfunctions or improper operation of overtopping control systems; sudden drops in the level of the structure's contents; and severe erosion or other signs of deterioration in dikes or other containment devices. The inspection must be conducted by a company representative experienced in pit and impoundment construction. 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.
17.9.d. In the event the centralized pit or impoundment has not been utilized for its intended purpose for an extended period of time (at least six months), the owner or operator shall obtain a certification from a professional engineer that the centralized pit or impoundment, including that portion of any dike that provides freeboard, has structural integrity. The certification shall establish, in particular, that the dike: will withstand the stress of the pressure exerted by the types and amounts of water or wastewater to be placed in the centralized pit or impoundment; and will not fail due to internal erosion or piping without dependence on any liner system included in the centralized pit or impoundment construction.
17.9.e. An owner or operator shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life of the centralized pit.
17.9.f. Pipelines transporting any wastewaters (e.g. drilling or hydraulic fracturing fluids) to or from the pit shall have pressure monitored at the pump. The discharge end of the pipeline shall be visibly inspected to ensure that flow does not decrease or change in a manner that could indicate that leakage is occurring in the pipeline. Personnel at both the intake and discharge end of the pipeline shall maintain constant communication during flowback or pumping operations when filling a centralized pit. Automated monitoring of the intake and discharge ends of the pipeline will also be acceptable. In the event of a leak or suspected leak, the operator shall cease operation of the pipeline until leaks are found and corrected.
17.9.g. Loading and unloading stations, including but not limited to drums, trucks, and railcars, shall have spill prevention and control facilities and procedures as well as secondary containment, if appropriate or otherwise required. Spill containment and cleanup equipment shall be readily accessible. Drip pans or other appropriate containment devices shall be utilized as needed at hose connections, valves or any other location that has small leaks.
17.10. Removal of Centralized Pits or Impoundments
17.10.a. To remove a centralized pit or impoundment, the operator shall submit Form IMP-5, "Impoundment Modification / Closure Form," along with the appropriate permit fee set forth in subdivision 17.7.a. above.
17.10.b. Removal of a centralized pit or impoundment shall be in accordance with the reclamation plan approved by the Chief and consist of the complete removal of the structure to the original ground. Centralized pits or impoundments shall be completely drained before removal operations begin. Removal work shall be scheduled during dry weather using National Weather Service advice and proceed quickly to reduce the potential for impounding water. Erosion and sediment control measures sufficient to comply with the approved erosion and sediment control plan shall be implemented during removal operations.
17.11. Transfer of a Centralized Impoundment; Transfer of a Centralized Pit Prohibited
17.11.a. An operator may transfer ownership of a centralized freshwater impoundment to the surface owner of record of the surface tract upon which the freshwater impoundment is situated, upon notification to the Chief in writing within thirty (30) days after the transfer as follows:
17.11.a.1. The name and address of the surface owner to whom the freshwater impoundment is transferred;
17.11.a.2. A copy of the signed agreement between the operator and the surface owner acknowledging certificate of approval responsibility and including any warranties, insurance coverage or liability agreements between the parties; and
17.11.a.3. The effective date of the ownership or responsibility transfer.
17.11.b. An operator may transfer ownership of a centralized pit or impoundment to a registered and bonded well operator upon notification to the Chief in writing within thirty (30) days after the transaction by providing the following:
17.11.b.1. A copy of the signed agreement between the operators; and
17.11.b.2. The effective date of the ownership transfer.
17.11.c. Any 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).
17.11.d. No centralized wastewater pit shall be left permanent, but must be removed and reclaimed by the operator in accordance with this rule.

2 This Rule in no way abrogates the statutory requirement that water withdrawals in excess of three hundred_thousand (300,000) gallons per calendar month be registered with the Division of Water and Waste Management. See, W. Va. Code § 22-26-1, et seq.

W. Va. Code R. § 35-8-17