C.R.S. 2 CCR 404-1-907 - CENTRALIZED E&P WASTE MANAGEMENT FACILITIES
a.
Applicability. Operators may establish non-commercial, Centralized
E&P Waste Management Facilities for the treatment, disposal, recycling, or
beneficial reuse of E&P Waste. This Rule 907 applies only to non-commercial
facilities, which means the Operator does not represent itself as providing
E&P Waste management services to third parties, except as part of a
unitized area or joint operating agreement or in response to an emergency.
Centralized E&P Waste Management Facilities may include components such as
Land Treatment or Land Application sites, Pits, and recycling
equipment.
b.
Permit
Requirements. Before any Operator commences construction of a
Centralized E&P Waste Management Facility, the Operator will file and
obtain the Director's approval of an application on a Form 28, Centralized
E&P Waste Management Facility Permit, and pay a filing fee established by
the Commission (see Appendix III). The Operator will submit a Form 28
application at the same time it submits any permit applications required by the
Commission's 300 Series Rules, if any, including an Oil and Gas Development
Plan or a Form 2A. In addition, the Form 28 will contain the following:
(1) The name, address, phone and email
address of the Operator, and a designated contact person.
(2) The name, address, phone number, email
address, and written authorization of the Surface Owner of the site, if not the
Operator.
(3) The legal description
of the site.
(4) A general
topographic, geologic, and hydrologic description of the site, including
immediately adjacent land uses and a topographic map of a scale no less than
1:24,000 showing the location and the average annual precipitation and
evaporation rates at the site.
(5)
Centralized E&P Waste Management Facility Siting Requirements and
Limitations.
A. A site plan showing
drainage patterns and any diversion or containment structures, and facilities
such as roads, fencing, tanks, Pits, buildings, and other construction
details.
B. Scaled drawings of
entire sections containing the proposed facility. The field measured distances
from the nearer north or south and nearer east or west section lines will be
measured at 90 degrees from said section lines to facility boundaries and
referenced on the drawing. A survey will be provided including a complete
description of established monuments or collateral evidence found and all
aliquot corners.
C. The facility
will be designed to control public access, prevent unauthorized vehicular
traffic, provide for site security both during and after operating hours, and
prevent illegal dumping of wastes. Appropriate measures will also be
implemented to prevent access to the Centralized E&P Waste Management
Facility by wildlife or domestic animals.
D. Centralized E&P Waste Management
Facilities will have a fire lane of at least 10 feet in width around the
perimeter of the active treatment areas and within the facility fencing. In
addition, a buffer zone of at least 10 feet will be maintained within the
perimeter fire lane.
E. Surface
water diversion structures, including but not limited to berms and ditches,
will be constructed to accommodate a 100-year, 24-hour storm event. The
facility will be designed and constructed with a run-on control system to
prevent flow onto the facility during peak discharge and a run-off control
system to contain the water volume from a 25-year, 24-hour storm
event.
F. Operators will provide
evidence that they have complied with any Relevant Local Government land use
regulations and facility siting or construction or operation
requirements.
G. Operators will not
construct new Centralized E&P Waste Management Facilities within 2,000 feet
of the nearest Building Unit or High Occupancy Building Unit, unless all
Building Unit owners and tenants within 2,000 feet consent to a closer
location.
H. Operators are
prohibited from siting new centralized Produced Water storage or treatment
facilities within Disproportionately Impacted Communities. This prohibition
does not apply to any Produced Water storage or treatment facilities excluded
from the definition of Centralized E&P Waste Management
Facilities.
(6)
Waste Profile. For each type of waste, Operators will estimate the
amounts to be received and managed by the facility on a monthly average basis.
For each waste type to be treated, Operators will complete a characteristic
waste profile, which will include analysis of representative waste samples by
an accredited laboratory.
(7)
Facility Design and Engineering. Facility design and engineering
data, incorporating Best Management Practices, including plans and elevations,
design basis, calculations, and process description. Facility design,
engineering, and as-constructed plans will be reviewed and stamped by a
Colorado Professional Engineer ("P.E.").
A.
Geologic data, including, but not limited to:
i. Type and thickness of unconsolidated
soils;
ii. Type and thickness of
consolidated bedrock, if applicable;
iii. Local and regional geologic structures;
and iv. Any Geologic Hazards that may affect the design and operation of the
facility.
B. Hydrologic
data, including, but not limited to:
i. Water
wells within 1 mile of the site boundary including, but not limited to,
information such as well construction details, total depth, static water level,
screened interval(s), yields, and Aquifer name(s).
ii. Surface water features within 2
miles;
iii. Site location in
relation to the Floodplain of nearby surface water features;
iv. Depth to Groundwater, including
specifically identifying the shallowest unconfined Groundwater and any
underlying Groundwater formations;
v. Existing quality of the shallowest
Groundwater;
vi. Hydrologic
properties of the shallowest Groundwater at the location including flow
direction, flow rate, and potentiometric surface; and
vii. An evaluation of the potential for
impacts to nearby surface water and Groundwater.
C. Engineering data, including, but not
limited to:
i. Type and quantity of material
required for use as a liner, including design components;
ii. Location and depth of cut for
liners;
iii. Design of leak
detection system for Pits or other containment systems;
iv. Location, dimensions, and grades of all
surface water diversion structures;
v. Location and dimensions of all surface
water containment structures; and
vi. Location of all proposed facility
structures and access roads.
(8)
Operating Plan. An operating
plan, incorporating Best Management Practices, including, but not limited to:
A. A detailed description of the method of
treatment, loading rates, and application of nutrients and soil
amendments;
B. Dust and moisture
control;
C. Sampling;
D. Inspection and maintenance;
E. Emergency response;
F. Recordkeeping;
G. Site security;
H. Hours of operation;
I. Stormwater management plan;
J. Noise, visual impacts, and odor
mitigation; and
K. Final
disposition of waste. If the Operator intends to beneficially reuse treated
waste, the Operator will describe the reuse and method of product quality
assurance.
(9)
Groundwater Monitoring.
A.
Water Wells. Operators will collect water samples from water wells
known to the Operator or registered with the Colorado State Engineer, following
all protocols established by Rule 615, except that the Operator will collect
water samples from known water wells within 1 mile of the proposed Centralized
E&P Waste Management Facility. An Operator may request an exception from
the requirements of this Rule 907.b.(9).A by submitting a Form 4 pursuant to
Rule 615.c.
B.
Site-Specific
Monitoring Wells.
i. As a condition of
approval, the Director may require the Operator to install site-specific
monitoring wells to ensure compliance with the concentration levels in Table
915-1 and WQCC Regulation 41, as incorporated by reference in Rule 901.b, by
establishing Points of Compliance.
ii. All monitoring well construction must be
completed pursuant to the State Engineer's Water Well Construction and
Permitting Rules, as incorporated by reference in Rule 901.b.
iii. Where monitoring is required, the
direction of flow, Groundwater gradient, and quality of water will be
established by the installation of a minimum of 3 monitor wells, including an
up-gradient well and 2 down-gradient wells that will serve as Points of
Compliance, or other methods authorized by the Director.
iv. The Operator will propose for prior
Director approval monitoring schedules, reporting schedules, and appropriate
analyte lists.
(10)
Surface Water Monitoring.
Where applicable, the Director will require baseline and periodic surface water
monitoring to ensure compliance with WQCC surface water standards and
classifications, including narrative standards. Operators will use reasonable
good faith efforts to obtain access to such surface water for the purpose of
collecting water samples. If access cannot be obtained, then the Operator will
notify the Director of the surface water for which access was not obtained and
sampling of such surface water by the Operator will not be required.
(11)
Contingency Plan. A
contingency plan that describes the emergency response operations for the
facility, 24-hour contact information for the person who has authority to
initiate emergency response actions, contact information of local emergency
response authorities, and an outline of responsibilities under any joint
operating agreement regarding maintenance, operations, closure, and monitoring
of the facility.
c.
Permit Review.
(1) Within 90
days of the submission for a Form 28, the Director will issue a determination
about whether the Form 28 application is complete.
(2) The Director may approve the Centralized
E&P Waste Management Facility permit if it protects and minimizes adverse
impacts to public health, safety, welfare, the environment, and wildlife
resources. The Director may require any conditions of approval that are
determined to be necessary and reasonable to protect public health, safety,
welfare, the environment, and wildlife resources, or to the extent necessary to
ensure compliance with the concentration levels in Table 915-1, or WQCC
Regulation 41 Groundwater standards and classifications, as incorporated by
reference in Rule 901.b.
(3) The
Director may deny a Centralized E&P Waste Management Facility permit if it
does not adequately protect and minimize impacts to public health, safety,
welfare, the environment, and wildlife resources.
d.
Financial Assurance. The
Operator of a Centralized E&P Waste Management Facility will submit for the
Director's approval such Financial Assurance as required by Rule 703.a prior to
the Director approving the Form 28.
e.
Facility Modifications.
Throughout the life of the facility, the Operator will submit proposed
modifications to the facility design, operating plan, permit data, or permit
conditions to the Director for prior approval through a Form 4.
f.
Permit Expiration. The Form
28 will expire 3 years after approval if the Operator has not commenced
construction of the permitted facility.
g.
Annual Permit Review. To
ensure compliance with permit conditions and the Commission's Rules, the
facility permit will be subject to an annual review by the Director. To
facilitate this review, the Operator will submit an annual report summarizing
operations, including the types and volumes of waste handled at the facility.
The Director may require additional information.
h.
Closure.
(1)
Preliminary Closure Plan. A
general preliminary plan for closure will be submitted with the Form 28. The
preliminary closure plan will include, but not be limited to:
A. A general plan for closure and Reclamation
of the entire facility, including a description of the activities required to
decommission and remove all equipment, close and reclaim Pits, dispose of or
treat residual waste, collect samples as needed to verify compliance with soil
and Groundwater standards, implement post-closure monitoring, and complete
other Remediation, as required.
B.
An estimate of the cost to close and reclaim the entire facility and to conduct
post-closure monitoring. Cost estimates will be subject to review by the
Director to verify that the Financial Assurance provided pursuant to Rules
907.d & 703.a is appropriate.
(2)
Final Closure Plan. The
Operator will submit a detailed Form 27 at least 60 days prior to closure for
approval or denial by the Director. The workplan will include, but not be
limited to, a description of the activities required to decommission and remove
all equipment, close and reclaim Pits, dispose of or treat residual waste,
collect samples as needed to verify compliance with soil and Groundwater
standards, implement post-closure monitoring, and complete other Remediation
and Reclamation, as required.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
a. Applicability. Operators may establish non-commercial, Centralized E&P Waste Management Facilities for the treatment, disposal, recycling, or beneficial reuse of E&P Waste. This Rule 907 applies only to non-commercial facilities, which means the Operator does not represent itself as providing E&P Waste management services to third parties, except as part of a unitized area or joint operating agreement or in response to an emergency. Centralized E&P Waste Management Facilities may include components such as Land Treatment or Land Application sites, Pits, and recycling equipment.
b. Permit Requirements. Before any Operator commences construction of a Centralized E&P Waste Management Facility, the Operator will file and obtain the Director's approval of an application on a Form 28, Centralized E&P Waste Management Facility Permit, and pay a filing fee established by the Commission (see Appendix III). The Operator will submit a Form 28 application at the same time it submits any permit applications required by the Commission's 300 Series Rules, if any, including an Oil and Gas Development Plan or a Form 2A. In addition, the Form 28 will contain the following:
(1) The name, address, phone and email address of the Operator, and a designated contact person .
(2) The name, address, phone number, email address, and written authorization of the Surface Owner of the site, if not the Operator.
(3) The legal description of the site.
(4) A general topographic, geologic, and hydrologic description of the site, including immediately adjacent land uses and a topographic map of a scale no less than 1:24,000 showing the location and the average annual precipitation and evaporation rates at the site.
(5) Centralized E&P Waste Management Facility Siting Requirements.
A. A site plan showing drainage patterns and any diversion or containment structures, and facilities such as roads, fencing, tanks, Pits, buildings, and other construction details.
B. Scaled drawings of entire sections containing the proposed facility. The field measured distances from the nearer north or south and nearer east or west section lines will be measured at 90 degrees from said section lines to facility boundaries and referenced on the drawing. A survey will be provided including a complete description of established monuments or collateral evidence found and all aliquot corners.
C. The facility will be designed to control public access, prevent unauthorized vehicular traffic, provide for site security both during and after operating hours , and prevent illegal dumping of wastes. Appropriate measures will also be implemented to prevent access to the Centralized E&P Waste Management Facility by wildlife or domestic animals.
D. Centralized E&P Waste Management Facilities will have a fire lane of at least 10 feet in width around the perimeter of the active treatment areas and within the facility fencing. In addition, a buffer zone of at least 10 feet will be maintained within the perimeter fire lane.
E. Surface water diversion structures, including but not limited to berms and ditches, will be constructed to accommodate a 100-year, 24-hour storm event. The facility will be designed and constructed with a run-on control system to prevent flow onto the facility during peak discharge and a run-off control system to contain the water volume from a 25-year, 24-hour storm event.
F. Operators will provide evidence that they have complied with any Relevant Local Government land use regulations and facility siting or construction or operation requirements.
G. Operators will not construct new Centralized E&P Waste Management Facilities within 2,000 feet of the nearest Building Unit or High Occupancy Building Unit, unless all Building Unit owners and tenants within 2,000 feet consent to a closer location.
(6) Waste Profile. For each type of waste, Operators will estimate the amounts to be received and managed by the facility on a monthly average basis. For each waste type to be treated, Operators will complete a characteristic waste profile, which will include analysis of representative waste samples by an accredited laboratory.
(7) Facility Design and Engineering. Facility design and engineering data, incorporating Best Management Practices, including plans and elevations, design basis, calculations, and process description. Facility design, engineering, and as-constructed plans will be reviewed and stamped by a Colorado Professional Engineer ("P.E.").
A. Geologic data, including, but not limited to:
i. Type and thickness of unconsolidated soils;
ii. Type and thickness of consolidated bedrock , if applicable;
iii. Local and regional geologic structures; and iv. Any Geologic Hazards that may affect the design and operation of the facility.
B. Hydrologic data, including, but not limited to:
i. Water wells within 1 mile of the site boundary including, but not limited to, information such as well construction details, total depth, static water level , screened interval(s), yields, and Aquifer name(s).
ii. Surface water features within 2 miles;
iii. Site location in relation to the Floodplain of nearby surface water features;
iv. Depth to Groundwater , including specifically identifying the shallowest unconfined Groundwater and any underlying Groundwater formations;
v. Existing quality of the shallowest Groundwater ;
vi. Hydrologic properties of the shallowest Groundwater at the location including flow direction, flow rate, and potentiometric surface; and
vii. An evaluation of the potential for impacts to nearby surface water and Groundwater .
C. Engineering data, including, but not limited to:
i. Type and quantity of material required for use as a liner, including design components;
ii. Location and depth of cut for liners;
iii. Design of leak detection system for Pits or other containment systems;
iv. Location, dimensions, and grades of all surface water diversion structures;
v. Location and dimensions of all surface water containment structures; and
vi. Location of all proposed facility structures and access roads.
(8) Operating Plan. An operating plan, incorporating Best Management Practices, including, but not limited to:
A. A detailed description of the method of treatment, loading rates, and application of nutrients and soil amendments;
B. Dust and moisture control;
C. Sampling;
D. Inspection and maintenance ;
E. Emergency response;
F. Recordkeeping;
G. Site security;
H. Hours of operation;
I. Stormwater management plan;
J. Noise, visual impacts, and odor mitigation; and
K. Final disposition of waste. If the Operator intends to beneficially reuse treated waste, the Operator will describe the reuse and method of product quality assurance.
(9) Groundwater Monitoring.
A. Water Wells. Operators will collect water samples from water wells known to the Operator or registered with the Colorado State Engineer , following all protocols established by Rule 615, except that the Operator will collect water samples from known water wells within 1 mile of the proposed Centralized E&P Waste Management Facility. An Operator may request an exception from the requirements of this Rule 907.b.(9).A by submitting a Form 4 pursuant to Rule 615.c.
B. Site-Specific Monitoring Wells.
i. As a condition of approval, the Director may require the Operator to install site-specific monitoring wells to ensure compliance with the concentration levels in Table 915-1 and WQCC Regulation 41, as incorporated by reference in Rule 901.b, by establishing Points of Compliance.
ii. All monitoring well construction must be completed pursuant to the State Engineer 's Water Well Construction and Permitting Rules, as incorporated by reference in Rule 901.b.
iii. Where monitoring is required, the direction of flow, Groundwater gradient, and quality of water will be established by the installation of a minimum of 3 monitor wells, including an up-gradient well and 2 down-gradient wells that will serve as Points of Compliance, or other methods authorized by the Director.
iv. The Operator will propose for prior Director approval monitoring schedules, reporting schedules, and appropriate analyte lists.
(10) Surface Water Monitoring. Where applicable, the Director will require baseline and periodic surface water monitoring to ensure compliance with WQCC surface water standards and classifications, including narrative standards. Operators will use reasonable good faith efforts to obtain access to such surface water for the purpose of collecting water samples. If access cannot be obtained, then the Operator will notify the Director of the surface water for which access was not obtained and sampling of such surface water by the Operator will not be required.
(11) Contingency Plan. A contingency plan that describes the emergency response operations for the facility, 24-hour contact information for the person who has authority to initiate emergency response actions, contact information of local emergency response authorities, and an outline of responsibilities under any joint operating agreement regarding maintenance , operations, closure, and monitoring of the facility.
c. Permit Review.
(1) Within 90 days of the submission for a Form 28, the Director will issue a determination about whether the Form 28 application is complete.
(2) The Director may approve the Centralized E&P Waste Management Facility permit if it protects and minimizes adverse impacts to public health, safety, welfare, the environment, and wildlife resources. The Director may require any conditions of approval that are determined to be necessary and reasonable to protect public health, safety, welfare, the environment, and wildlife resources, or to the extent necessary to ensure compliance with the concentration levels in Table 915-1, or WQCC Regulation 41 Groundwater standards and classifications, as incorporated by reference in Rule 901.b.
(3) The Director may deny a Centralized E&P Waste Management Facility permit if it does not adequately protect and minimize impacts to public health, safety, welfare, the environment, and wildlife resources.
d. Financial Assurance. The Operator of a Centralized E&P Waste Management Facility will submit for the Director's approval such Financial Assurance as required by Rule 703.a prior to the Director approving the Form 28.
e. Facility Modifications. Throughout the life of the facility, the Operator will submit proposed modifications to the facility design, operating plan, permit data, or permit conditions to the Director for prior approval through a Form 4.
f. Permit Expiration. The Form 28 will expire 3 years after approval if the Operator has not commenced construction of the permitted facility.
g. Annual Permit Review. To ensure compliance with permit conditions and the Commission's Rules, the facility permit will be subject to an annual review by the Director. To facilitate this review, the Operator will submit an annual report summarizing operations, including the types and volumes of waste handled at the facility. The Director may require additional information.
h. Closure.
(1) Preliminary Closure Plan. A general preliminary plan for closure will be submitted with the Form 28. The preliminary closure plan will include, but not be limited to:
A. A general plan for closure and Reclamation of the entire facility, including a description of the activities required to decommission and remove all equipment, close and reclaim Pits, dispose of or treat residual waste, collect samples as needed to verify compliance with soil and Groundwater standards, implement post-closure monitoring, and complete other Remediation, as required.
B. An estimate of the cost to close and reclaim the entire facility and to conduct post-closure monitoring. Cost estimates will be subject to review by the Director to verify that the Financial Assurance provided pursuant to Rules 907.d & 703.a is appropriate.
(2) Final Closure Plan. The Operator will submit a detailed Form 27 at least 60 days prior to closure for approval or denial by the Director. The workplan will include, but not be limited to, a description of the activities required to decommission and remove all equipment, close and reclaim Pits, dispose of or treat residual waste, collect samples as needed to verify compliance with soil and Groundwater standards, implement post-closure monitoring, and complete other Remediation and Reclamation, as required.