Okla. Admin. Code § 165:10-7-27

Current through Vol. 42, No. 2, October 1, 2024

Section 165:10-7-27 - Application of waste oil, waste oil residue, or crude oil contaminated soil by oil and gas operators and pipeline companies

(a)Scope. This Section shall cover the application of waste oil, waste oil residue, or crude oil contaminated soil by oil and gas operators and pipeline companies to lease roads, pipeline service and tank farm roads, well locations, and production sites. Hazardous waste as defined at 40 CFR 261.3 is regulated by the Oklahoma Department of Environmental Quality.

(b)Permit by appropriate Conservation Division District Office. A District Manager for the Conservation Division may issue to an oil or gas operator or pipeline company within the District a permit for road application of waste oil, waste oil residue, or crude oil contaminated soil to lease roads, pipeline service and tank farm roads, well locations, and production sites within the District. This subsection prohibits any operator from applying waste oil, waste oil residue, or crude oil contaminated soil without a permit. Any operator or pipeline company violating this subsection may be fined up to $2,000.00.

(c)Permit requirements.

(1)Use of Form 1014X. The application to apply waste oil, waste oil residue, or crude oil contaminated soil shall be made on Form 1014X, which shall be submitted by electronic mail to the Manager of the appropriate Conservation Division District Office.

(2)Landowner permission. Attached to the application shall be written permission by the surface owner to allow the operator or pipeline company to apply waste oil, waste oil residue, or crude oil contaminated soil as per this Section to a specific portion of real property as designated by legal description.

(3)Telephone permits. In case of an emergency, a District Manager may issue a permit by telephone. If an operator or pipeline company obtains a permit by telephone, the operator or pipeline company shall file Form 1014X and attachments within five business days after receipt of the permit by telephone.

(4)Conditions for permits.

(A) Waste oil, waste oil residue, and contaminated soils applied under this Section shall consist of crude oil and materials produced with crude oil only. Hazardous waste as defined at 40 CFR 261.3 is regulated by the Oklahoma Department of Environmental Quality.

(B) If required by the District Manager, a hydrocarbon analysis shall be submitted with Form 1014X. The analysis shall be performed by a laboratory that is operated by the State of Oklahoma or certified by the Oklahoma Department of Environmental Quality in accordance with OCC-approved methods.

(C) Waste oil, waste oil residue, and crude oil contaminated soil shall be applied in such a manner that pollution of surface or subsurface waters will not likely occur and public and private property adjoining the application area will be protected.

(D) During application, any necessary signs, lights and other safety and warning devices shall be used as traffic requires to alert users to conditions. A sign shall be posted with the contractor's or operator's name and phone number to contact in case of an emergency.

(E) No application shall be conducted:

(i) When the temperature is less than 45 °F.

(ii) In any area where water collects and stands.

(iii) Where conditions such as grade, soil moisture content, soil type, tight soil conditions, or packed soil conditions cause runoff or prevent rapid absorption of the oil.

(F) Following completion of the project, there shall be a uniform soil/oil base (all liquids worked in), with no visible free-standing oil.

(G) Proper care shall be taken to avoid runoff of oil into borrow ditches or adjacent areas.

(d)Notice to Field Inspector. The operator or pipeline company receiving the permit shall notify the appropriate Field Inspector at least two days prior to commencement of application.

(e)Site inspection. At his discretion, a District Manager may request a Field Inspector of the Conservation Division or an Enforcement Officer of the Transportation Division to inspect the site at any time during the application operation to ensure compliance with this Section.

(f)Duration of permit. The permit shall state the duration of the permit, not to exceed 60 days. If a complaint is received or the operator or pipeline company fails to comply with either the terms of the permit or this Section, the District Manager may direct the operator or pipeline company to cease application until the problem is resolved. If necessary, the District Manager may verbally revoke the permit and/or require the operator or pipeline company to perform remedial work. If a District Manager disapproves an application or cancels a permit, then the applicant may apply to the Commission for an order under 165:5-7-41.

Okla. Admin. Code § 165:10-7-27

Amended at 9 Ok Reg 2295, eff 6-25-92; Amended at 12 Ok Reg 2017, eff 7-1-95; Amended at 14 Ok Reg 2198, eff 7-1-97; Amended at 23 Ok Reg 2229, eff 7-1-06; Amended at 27 Ok Reg 2128, eff 7-11-10

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018