Section 240.861  Existing Pit Exemption For Continued Production Use

a)         Any pit in existence on May 13, 1994 does not have to be closed in accordance with Section 240.860(c) of this Part if presently constructed or an application to reconstruct was received by July 1, 1995.

b)         Pits not approved for reconstruction shall be restored within 6 months.

c)         Pits exempted under this Part shall be presently constructed or reconstructed as follows:

1)         The pit must be lined with a synthetic flexible liner that is compatible with the produced fluid and has a coefficient of permeability of no greater than 1 x 10(-7) cm/sec and shall be at least 30 mils in thickness.  Adjoining sections of liners must be sealed together in accordance with the manufacturer's specifications; and

2)         The pit must be underlined by a gravel sub-base, at least 4" in thickness, in which slotted or perforated PVC pipe has been placed in order to provide for under pit drainage.  This drainage system must be constructed to allow monitoring and sampling of fluid drainage from underneath the pit.

d)         Applications for reconstruction shall be approved by the Department prior to reconstruction of the pit.  Applications shall be on a form prescribed by the Department and shall include the following:

1)         A map drawn to scale showing the location of the pit relative to the lease boundaries, potable water wells and surface drainage located within 1/4 mile of the existing pit.

2)         An engineering diagram of the construction specifications of the pit.

3)         Soil types in the area of the pit.

4)         Chemical analysis of produced water to be temporarily stored in the pit, showing TDS and chlorides.

5)         A description of the method for disposal of the produced water or liquid oilfield waste temporarily stored in the pit.

e)         All reconstruction activities shall be under the supervision of a Department Well Inspector.

f)         Following satisfactory completion of pit reconstruction activities, the Department shall issue a permit to operate.

g)         All exempted pits shall be in compliance with the following:

1)         Surface water drainage shall be diverted away from the pit.

2)         Pit contents shall not be discharged onto the surrounding land surface or into a stream or other body of water unless a permit has been obtained from the Illinois Environmental Protection Agency (IEPA).

3)         The pit permit number and the name of the permittee must be posted at the pit location in a legible and visible manner.

4)         All pits shall be covered with bird netting or other systems designed to keep birds and flying mammals from landing in the pit.

h)         All exempted pits covered by this Section shall sample, quarterly, the fluid drainage from beneath the pit.  The sample shall be analyzed for chlorides by an "independent testing" facility.  The results of the analysis shall be maintained at the facility offices, for review upon request, by the Department.

i)          If the fluid analysis indicates a leak is present, the Department shall be notified within 5 days and the contents of the pit shall be emptied and properly disposed of and the pit liner repaired.

j)          All exempted pits covered by this Section shall be subject to inspection by a Department well inspector.  If requested at the time of the inspection, the pit shall be emptied in order to examine the integrity of the structure.  The Department may order any remedial work it deems necessary to ensure compliance with Department regulations.

k)         Abandonment and Restoration Requirements for Exempted Pits

1)         Prior to liner removal and burial of the pit:

A)        All oilfield brine and produced waters shall be removed and disposed of in a Class II UIC well.

B)        Crude oil bottom sediments shall be disposed of in accordance with Section 240.940(a) and (b) or with Department approval, disposed of in a production well equipped with tubing and packer set in accordance with Section 240.760(b) under observation by an inspector from the District Office in which the well is located.  If the Department determines through field observations that the disposal activities are endangering the freshwater, the disposal activities shall cease until the condition is corrected.  Disposal activities shall not exceed 45 days, after which time the well must be plugged.

C)        Pit residue, not disposed of in accordance with (k)(l)(A) or (B) above, shall be removed from the site and disposed of at an IEPA permitted non-hazardous special waste landfill provided that pit residue containing NORM with radioactivity levels exceeding background may be required to be disposed of at a waste facility permitted by the Illinois Department of Nuclear Safety.

2)         The liner must be completely removed from the site and disposed of at a nonhazardous special waste facility permitted by the IEPA.  The surface area shall be leveled and pit filled in such manner as to prevent the ponding of water and erosion and allow the site to be returned to original use with no subsidence or leakage of fluids, and where applicable, with sufficient compaction to support farm machinery.

(Source:  Amended at 22 Ill. Reg. 22314, effective December 14, 1998)