§ 78a.61. Disposal of drill cuttings.
(a) Drill cuttings from above the surface casing seat—pits. The owner or operator may dispose of drill cuttings from above the surface casing seat determined in accordance with § 78a.83(c) (relating to surface and coal protective casing and cementing procedures) in a pit at the well site if the owner or operator satisfies the following requirements:
(1) The drill cuttings are generated from the well at the well site.
(2) The drill cuttings are not contaminated with a regulated substance, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids, or drilling fluids other than tophole water, fresh water or gases.
(3) The disposal area is not within 100 feet of a watercourse or body of water or within the floodplain.
(4) The disposal area is not within 200 feet of a water supply.
(5) The pit is designed, constructed and maintained to be structurally sound.
(6) The free liquid fraction of the waste shall be removed and disposed under § 78a.60 (relating to discharge requirements).
(7) The pit shall be backfilled to the ground surface and graded to promote runoff with no depression that would accumulate or pond water on the surface. The stability of the backfilled pit must be compatible with the adjacent land.
(8) The surface of the backfilled pit area shall be revegetated to stabilize the soil surface and comply with § 78a.53 (relating to erosion and sediment control and stormwater management). The revegetation shall establish a diverse, effective, permanent, vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface of the landowner, the surface shall be stabilized against erosion.
(b) Drill cuttings from above the surface casing seat—land application. The owner or operator may dispose of drill cuttings from above the surface casing seat determined in accordance with § 78a.83(c) by land application at the well site if the owner or operator satisfies the following requirements:
(1) The drill cuttings are generated from the well at the well site.
(2) The drill cuttings are not contaminated with a regulated substance, including brines, drilling muds, stimulation fluids, well servicing fluids, oil, production fluids, or drilling fluids other than tophole water, fresh water or gases.
(3) The disposal area is not within 100 feet of a watercourse or body of water or within the floodplain.
(4) The disposal area is not within 200 feet of a water supply.
(5) The soils have a minimum depth from surface to bedrock of 20 inches.
(6) The drill cuttings are not spread when saturated, snow covered or frozen ground interferes with incorporation of the drill cuttings into the soil.
(7) The drill cuttings are not applied in quantities which will result in runoff or in surface water or groundwater pollution.
(8) The free liquid fraction is disposed in accordance with § 78a.60.
(9) The drill cuttings are spread and incorporated into the soil. The loading and application rate of drill cuttings may not exceed a maximum of drill cuttings to soil ratio of 1:1.
(10) The land application area shall be revegetated to stabilize the soil surface and comply with § 78a.53. The revegetation shall establish a diverse, effective permanent vegetative cover which is capable of self-regeneration and plant succession. Where vegetation would interfere with the intended use of the surface by the landowner, the surface shall be stabilized against erosion.
(c) Drill cuttings from below the surface casing seat. After removal of the free liquid fraction and disposal in accordance with § 78a.60, drill cuttings from below the surface casing seat determined in accordance with § 78a.83(c) may not be disposed of on the well site unless authorized by a permit or other approval is obtained from the Department in accordance with § 78a.62 or § 78a.63 (relating to disposal of residual waste—pits; and disposal of residual waste—land application).
(d) Alternative practices. The owner or operator may request to use solidifiers, dusting, unlined pits, attenuation or other alternative practices for the disposal of uncontaminated drill cuttings by submitting a request to the Department for approval. The request shall be made on forms provided by the Department and shall demonstrate that the practice provides equivalent or superior protection to the requirements of this section. The Department will maintain a list of approved solidifiers on its web site. The operator does not need to request approval from the Department for use of approved solidifiers.
(e) Notifications. The owner or operator shall notify the Department at least 3 business days before disposing of drill cuttings under this section. This notice shall be submitted electronically to the Department through its web site and include the date the cuttings will be disposed. If the date of disposal is extended, the operator shall renotify the Department of the date of disposal, which does not need to be 3 business days in advance. The owner or operator shall also provide notice of disposal to the surface landowner, including the location of the disposed drill cuttings, within 10 business days of completion of disposal.
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); and 25 Pa. Code § 78a.63a (relating to alternative waste management).
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