312 IAC 29-25-6 - Oiling of lease roads and county roads
Authority: IC 14-10-2-4; IC 14-37-3
Affected: IC 14-37
Sec. 6.
(a) Crude oil
or crude oil tank bottoms shall not be applied to the surface of lease roads or
county roads except as authorized under this section.
(b) Disposal of oil and gas NORM waste on
lease road or county roads is prohibited.
(c) Before applying oil to any lease road or
county road the owner or operator shall obtain authorization on a form
prescribed by the division that shall include the following information:
(1) The location of the lease or unit from
which the crude oil or crude oil tank bottoms will originate.
(2) The location of the lease road or county
road to which the crude oil or crude oil tank bottoms will be
applied.
(3) The name and address
of the permittee.
(4) The method to
be used for application of the oil or bottom sediments.
(5) A map showing the lease roads to be oiled
and the location of all ditches, streams, ponds, or other impoundments within
one hundred (100) feet of the lease road.
(6) Written consent allowing the crude oil or
bottom sediment application from:
(A) the
current surface owner if the application site is a lease road; or
(B) the county board of commissioners if the
application site is a county road.
(d) Upon receipt of written approval from the
division, crude oil or crude oil tank bottoms may be applied to lease roads or
county roads as follows:
(1) The materials
shall be applied to avoid runoff from the road surface during
application.
(2) All applied
liquids not absorbed into the road surface shall be incorporated or otherwise
removed to eliminate freestanding liquids.
(3) A lease road or county road must not be
oiled more than twice in a twelve (12) month period.
(4) Road oiling shall not be conducted:
(A) when the ground is frozen;
(B) during precipitation events; or
(C) when the road surface is
saturated.
(5) Crude oil
tank bottoms used for road oiling shall not have a produced water content of
greater than ten percent (10%) free water by volume.
(e) An authorization for road oiling under
this section remains valid for as long as the lease or unit is active under the
current permittee unless:
(1) withdrawn by the
division for cause; or
(2) the
consent required under subsection (c)(6) is withdrawn by the surface owner or
the board of county commissioners for any reason.
(f) An authorization for road oiling is not
transferable to another owner or operator.
(g) An authorization for road oiling is
terminated by a change in surface ownership unless the new surface owner
provides written consent to the continued application of crude oil or crude oil
tank bottoms to the lease road.
(h)
The application of crude oil or crude oil tank bottoms to lease roads or county
roads without prior written authorization from the division or in a manner
other than as provided in this section shall be considered a violation of this
article and subject to enforcement action in accordance with
312 IAC 29-34. In addition to all
other enforcement action the division shall require crude oil and crude oil
tank bottoms applied to lease roads or county roads in violation of this
section be removed from and properly disposed of according to the requirements
of section 4 of this rule.
Notes
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