25 Pa. Code § 78a.65 - Site restoration
(a)
Restoration. The owner or operator shall restore land surface
areas disturbed to construct the well site as follows:
(1)
Post-drilling. Within 9
months after completion of drilling a well, the owner or operator shall
undertake post-drilling restoration of the well site in accordance with a
restoration plan developed in accordance with subsection (b) and remove all
drilling supplies, equipment, primary containment and secondary containment not
necessary for production or needed to safely operate the well.
(i) When multiple wells are drilled or
permitted to be drilled on a single well site, post-drilling restoration is
required within 9 months after completion of drilling all permitted wells on
the well site or 9 months after the expiration of all existing well permits on
the well site, whichever is later.
(ii) A drill hole or bore hole used to
facilitate the drilling of a well shall be filled with cement, soil,
uncontaminated drill cuttings or other earthen material before moving the
drilling equipment from the well site.
(iii) Drilling supplies and equipment not
needed for production may only be stored on the well site if express written
consent of the surface landowner is obtained and the supplies or equipment are
maintained in accordance with §
78a.64a (relating to secondary
containment).
(iv) The areas
necessary to safely operate the well include the following:
(A) Areas used for service vehicle and rig
access.
(B) Areas used for storage
tanks and secondary containment.
(C) Areas used for wellheads and appurtenant
oil and gas processing facilities.
(D) Areas used for any necessary safety
buffer limited to the area surrounding equipment that is physically cordoned
off to protect the facilities.
(E)
Areas used to store any supplies or equipment consented to by the surface
landowner.
(F) Areas used for
operation and maintenance of long-term PCSM best management
practices.
(2)
Post-plugging. Within 9 months after plugging the final well
on the well site, the owner or operator shall remove all production or storage
facilities, supplies and equipment and restore the well site to approximate
original conditions and restore stormwater runoff rate, volume and quality to
preconstruction condition in accordance with §
102.8 (relating to PCSM
requirements).
(3)
Wells
not drilled. If a well site is constructed and the well is not
drilled, the well site shall be restored within 9 months after the expiration
of the well permit unless the Department approves an extension for reasons of
adverse weather or lack of essential fuel, equipment or
labor.
(b)
Restoration plan. An operator of a well site shall develop and
implement a restoration plan. The restoration plan must address:
(1) The restoration of areas not needed to
safely operate the well to approximate original conditions.
(2) The proposed site configuration after
post-drilling restoration including the areas of the well site being
restored.
(3) The minimization of
impervious areas. Impervious areas include, but are not limited to, areas where
soil has been compacted, areas where soil has been treated with amendments to
firm or harden the soil, and areas underlain with an impermeable
liner.
(4) The removal of all
drilling supplies and equipment not needed for production, including primary
and secondary containment.
(5) The
manner in which the restoration of the disturbed areas will achieve meadow in
good condition or better or otherwise incorporate ABACT or nondischarge
alternative PCSM best management practices (BMP).
(6) PCSM BMPs remaining in place and proof of
compliance with §
102.8(l) and (m),
or a licensed professional certification of complete site restoration to
approximate original contours and return to preconstruction stormwater runoff
rate, volume and quality in accordance with §
102.8(g). The
owner or operator shall remain responsible for compliance with the terms of the
restoration plan including long-term operation and maintenance of all PCSM BMPs
on the project site and is responsible for any violations occurring on the
project site, prior to written approval of the final restoration
report.
(c)
Extension of drilling or
production period. The restoration period in this subsection may be
extended through approval by the Department for an additional period of time,
not to exceed 2 years.
(1) A request to extend
the restoration period shall be submitted electronically on forms provided by
the Department through the Department's web site not more than 6 months after
the completion of drilling.
(2) The
request must specify the reasons for the request to extend the restoration
period not to exceed 24 months. The request must include a justification for
the length of extension and demonstrate that either:
(i) The extension will result in less earth
disturbance, increased water reuse or more efficient development of the
resources.
(ii) Restoration cannot
be achieved due to adverse weather conditions or a lack of essential fuel,
equipment or labor.
(3) A
demonstration that the extension will result in less earth disturbance,
increased water reuse or more efficient development of the resources must
include the following:
(i) A demonstration
that the site is stabilized and the BMPs utilized on the well site will address
PCSM.
(ii) A demonstration that the
portions of the well site not occupied by production facilities or equipment
will be returned to approximate original conditions.
(d)
Areas not
restored. Disturbed areas associated with well sites that are not
included in a restoration plan, and other remaining impervious surfaces, must
comply with all requirements in Chapter 102 (relating to erosion and sediment
control). The PCSM plan provisions in §
102.8(n) apply
only to the portions of the restoration plan that provide for restoration of
disturbed areas to meadow in good condition or better or otherwise incorporate
ABACT or nondischarge PCSM BMPs.
(e)
Post-drilling restoration
reports. Within 60 calendar days after post-drilling restoration
under subsection (a)(1), the operator shall submit a restoration report to the
Department. The well operator shall forward a copy of all restoration reports
to the surface landowner. The report shall be made electronically on forms
provided by the Department through the Department's web site and must identify
the following:
(1) The date of land
application of the tophole water.
(2) The results of pH and specific
conductance tests and an estimated volume of discharge.
(3) The method used for disposal or reuse of
the free liquid fraction of the waste, and the name of the hauler and disposal
facility, if any.
(4) The location,
including GPS coordinates, of the pit in relation to the well, the depth of the
pit, the type and thickness of the material used for the pit subbase, the type
and thickness of the pit liner, the type and nature of the waste, the type of
any approved solidifier, a description of the pit closure procedures used and
the pit dimensions.
(5) The
location of the area used for land application of the waste, and the results of
a chemical analysis of the waste soil mixture if requested by the
Department.
(6) The types and
volumes of waste produced and the name and address of the waste disposal
facility and waste hauler used to dispose of the waste.
(7) The name, qualifications and basis for
determination that the bottom of a pit used for encapsulation is at least 20
inches above the seasonal high groundwater table.
(f)
Post-plugging restoration
reports. Within 60 calendar days after post-plugging restoration
under subsection (a)(2), the operator shall submit a restoration report to the
Department. The well operator shall forward a copy of all restoration reports
to the surface landowner. The report shall be made electronically on forms
provided by the Department through the Department's web site and must include
the following:
(1) A description of the types
and volumes of waste produced, and the name and address of the waste disposal
facility and waste hauler used to dispose of the waste.
(2) Confirmation that earth disturbance
activities, site restoration including an installation of any PCSM BMPs and
permanent stabilization in accordance with §
102.22 have been
completed.
(g)
Written consent. Written consent of the landowner on forms
provided by the Department satisfies the restoration requirements of this
section provided the operator develops and implements a site restoration plan
that complies with subsections (a) and (b)(2)-(7) and all PCSM requirements in
Chapter 102.
Notes
This section cited in 25 Pa. Code § 78a.1 (relating to definitions); 25 Pa. Code § 78a.59b (relating to well development impoundments); 25 Pa. Code § 78a.60 (relating to discharge requirements); 25 Pa. Code § 78a.67 (relating to borrow pits); and 25 Pa. Code § 78a.68b (relating to well development pipelines for oil and gas operations).
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