Okla. Admin. Code § 165:10-9-2

Current through Vol. 41, No. 24, September 3, 2024

Section 165:10-9-2 - Commercial soil farming

(a)Order required. No person shall conduct commercial soil farming without an order of the Commission.

(b)Site suitability restrictions. Commercial soil farming shall only occur on a tract of land having all of the following characteristics [paragraphs (1) through (5) shall be determined by the appropriate Soil Conservation District or a qualified soils expert]:

(1) A maximum slope of five percent.

(2) Depth to bedrock no less than 20 inches.

(3) A soil profile containing at least twelve inches of one of the following U.S.D.A. soil textures:

(A) loam

(B) silt loam

(C) silt

(D) sandy clay loam

(E) clay loam

(F) silty clay loam

(G) sandy clay

(H) silty clay or clay

(4) No commercial soil farming operations shall be conducted on any site that is located within a 100-year flood plain.

(5) Slight salinity (defined as electrical conductivity less than 4,000 micromhos/cm) in the topsoil or upper six inches of the soil.

(6) An Exchangeable Sodium Percentage (ESP) less than 15.

(7) A water table deeper than 25 feet from the soil surface, excluding perched water tables (submit basis for this determination).

(8) A minimum distance of 100 feet from any stream designated by Oklahoma Water Quality Standards or any fresh water pond, lake, or wetland (available for viewing at the Commission's Oklahoma City or appropriate Conservation Division District Offices).

(9) The site shall not be located within three (3) miles upstream within the watershed for any lake used for public water supply.

(10) No commercial soil farming operations shall be conducted within a wellhead protection area (WPA) as identified by the Wellhead Protection Program ( 42 USC Section 300h-7, Safe Drinking Water Act), or within one mile of a public water well for which the WPA has not been delineated.

(11) No commercial soil farming operations shall be conducted within the following distances from the city limits of an incorporated municipality unless previously authorized by Commission order:

(A) Three miles if population is 20,000 or less.

(B) Five miles if population is greater than 20,000.

(c)Application requirements.

(1)Who may apply. The applicant or joint applicant for commercial soil farming shall be the owner of the land (or person having a firm option, in writing, to purchase the land) which is to be used for soil farming.

(2)Order required. The Commission may issue an order upon compliance with Commission Rules of Practice 165:5-7-1, 165:5-7-35, 165:5-3-1, and this Section. Subsequent to issuance of an order authorizing commercial soil farming and prior to commencing soil farming operations, the applicant is required to submit to the Conservation Division a recorded copy of a deed reflecting that the applicant owns the land which is to be used for commercial soil farming.

(3)Required exhibits. All exhibits intended to support an application shall be filed pursuant to 165:5-7-35. The exhibits shall include the following:

(A) A site suitability report, pursuant to (b) of this Section, provided by the appropriate Soil Conservation District or a qualified soils expert (include qualifications). The report must contain a U.S.D.A. Soil Survey map, or when Soil Survey map does not have adequate detail, a map prepared by a qualified soils expert. A legend and soil type description shall be attached.

(B) Plan of conservation management practices covering needs of storm water disposal and erosion control.

(C) A well-prepared map or diagram, drawn to scale, showing the size and configuration of the individual soil farming plots. Latitude and longitude coordinates designating the corners of the individual soil farming plots must be supplied. The map or diagram must also include filter strips, receiving pit(s), and staging area(s).

(D) A topographic map of the subject area.

(E) Initial soil analysis with a map indicating the location of soil samples.

(F) A detailed discussion of the method of application and use of filter strips and provisions for preventing runoff from the application area.

(G) A detailed description of how the receiving pit(s) and staging area(s) are to be constructed, including, but not limited to, designation of the materials to be used for construction of the receiving pit(s) and staging area(s).

(d)Sampling requirements.

(1)Contact with appropriate Conservation Division District Office. The appropriate Conservation Division District Office shall be contacted at least two business days prior to sampling to allow a Commission representative an opportunity to witness the sampling of the receiving soil.

(2)Receiving soil. Subsequent to the preparation of a conservation plan or site suitability report, soil samples shall be taken from the proposed soil farming plot and analyzed. Analysis shall be submitted pursuant to (c)(3)(E) of this Section. Soil sampling shall follow this procedure:

(A) If the site contains soil types from different parent material, separate areas shall be established for soil sampling and loading calculations.

(B) A sample area shall not exceed 40 acres.

(C) A minimum of 20 representative surface core samples (0-6 inches) and 20 representative subsurface core samples (18-30 inches) must be taken from each sample area. The samples shall be composited for analysis of a single surface core sample and a single subsurface core sample.

(3)Sampling incoming loads of mud and/or cuttings. A sample from each incoming load of mud and/or cuttings shall be collected, filtered using a standard API filter press, and tested for Total Dissolved Solids (TDS). The date, volume, source, and TDS level of each incoming load of mud and/or cuttings received shall be entered into a log book. The log book shall be available for inspection by a representative of the Conservation Division. Log books shall be kept for a minimum of five years.

(4)Sampling of mud and/or cuttings to be soil farmed. The mud and/or cuttings to be soil farmed shall be sampled using the following procedures:

(A) A minimum of five samples per 50,000 bbls., or part thereof, each representative of the materials to be soil farmed, is required for each pit or pit cell. Samples must be taken from different horizontally and vertically distributed locations in each pit or pit cell.

(B) The samples shall be combined and thoroughly mixed, then a minimum two pint composite sample shall be taken for TDS and percent of solids analysis, a minimum three pint composite sample taken for oil and grease analysis, and a minimum two pint composite sample taken for arsenic and chrome analysis.

(C) If requested by a representative of the Conservation Division, each composite sample for TDS and percent of solids analysis shall be split and an adequate portion (approximately one pint) properly labeled and delivered or otherwise provided to the appropriate Conservation Division District Office or Field Inspector.

(D) After samples have been taken for analysis from a pit or pit cell, the operator shall not allow the addition of fluids or other materials, except natural precipitation or fresh water, to decrease the viscosity of the fluid.

(e)Analysis requirements.

(1)Approved laboratory. Soil and mud and/or cuttings samples shall be analyzed by a laboratory operated by the State of Oklahoma or certified by the Oklahoma Department of Environmental Quality.

(2)Soil. Parameters for analysis of soil shall include, but are not limited to pH, Total Soluble Salts (TSS) or Electrical Conductivity, and Exchangeable Sodium Percentage (ESP).

(3)Mud and/or cuttings contents. Parameters for analysis of mud and/or cuttings contents shall include, but are not limited to, the following: pH, TDS, Electrical Conductivity, Arsenic, Chromium and Oil and Grease. Arsenic and Chromium may be analyzed by either Nitric Acid Extraction or Acetic Acid Extraction ("Test Methods for Evaluating Solid Waste," SW846, second edition, U.S. EPA). The analysis shall specify which method of extraction was used.

(f)Maximum application rate.

(1)Loading limits.

(A) The maximum application rate (loading limit) shall be calculated by the operator using the calculations in (g) of this Section and the following soil loading standards:

(i) Total Soluble Salts: 6,000 lbs/acre (less TSS in soil).

(ii) Arsenic: 80 lbs/acre.

(iii) Chromium: 80 lbs/acre.

(iv) Oil and Grease: 40,000 lbs/acre.

(v) Total Dry Weight: 200,000 lbs/acre.

(B) Limitations in (A) of this paragraph are based upon standards set forth in the following publications:

(i) "Diagnosis and Improvement of Saline and Alkaline Soils," U.S. Agriculture Handbook, No. 60, U.S. Salinity Laboratory, Riverdale, California, 1954

(ii) "Critical Concentrations for Irrigation Water Supplies," Water Quality Criteria, 1972 Ecological Research Series, EPA-R2-73-033, March, 1973

(iii) H.R. Moseley, "Summary and Analysis of API Onshore Drilling Mud and Produced Water Environmental Studies," American Petroleum Institute Bulletin, No. D-19, 1983

(2)Determination of most limiting parameter. The maximum application rate shall be restricted by the most limiting parameter. It may require more than one application to achieve the maximum application rate while avoiding runoff. Determination of the most limiting parameter is based upon concentrations found in the 0"-6" soil profile at the soil farming site.

(3)Records required. Accurate records shall be kept as to when, where (which application area), and how much is applied. The operator shall make such records available at all times for inspection by a representative of the Conservation Division. Additionally, a semiannual report shall be submitted to the Manager of Pollution Abatement, pursuant to (k) of this Section.

(4)Additional soil sampling required when sixty percent of the maximum application rate is obtained. Additional soil sampling and analysis of a plot shall be done prior to each soil farming application when records show that 60 percent of the maximum application rate in (1) of this subsection of any parameter except total weight is reached. Requirements of (d) and (e) of this Section shall be met. Soil farming shall not be permitted on a plot if the analysis indicates that more than 95 percent of the maximum application rate of any parameter has been reached or if the ESP is greater than 15.

(g)Calculations. The procedures described in Appendix H of this Chapter shall be used in calculating the maximum application rate.

(h)Operation requirements.

(1)Surety required.

(A) Any operator of a commercial soil farming site shall file with the Manager of Document Handling for the Conservation Division an agreement to clean up pollution, restore the site, and/or plug monitor wells upon termination of operations. The agreement shall be on forms available from the Conservation Division and shall be accompanied by surety. The agreement shall provide that if the Commission finds that the operator has failed or refused to comply with the rules or take remedial action as required by law and this Section, the surety shall pay to the Commission the full amount of the operator's obligation up to the limit of the surety.

(B) The Commission shall establish the amount of surety in the order for the authority to operate a commercial soil farming site. The amount may be subject to change for good cause. The surety shall be maintained for as long as monitoring is required. The type of surety shall be a corporate surety bond, certificate of deposit, irrevocable letter of credit, or other type of surety approved by order of the Commission. Any type of surety that expires shall be renewed prior to 30 days before the expiration date.

(2)Sign required. A waterproof sign bearing the name of the operator, legal description, order number, and emergency phone number shall be posted within 25 feet of the entrance to any commercial soil farming site and shall be readily visible.

(3)Monitor wells.

(A) Any commercial soil farming operation shall be required to have a minimum of three (3) monitor wells installed- one upgradient and two (2) downgradient. The exact number and location of wells shall be established by the Pollution Abatement Department.

(B) No monitor well shall be installed more than 250 feet from a commercial soil farming operation, nor shall any existing water well be used as a monitor well, unless approved by the Manager of Pollution Abatement. Monitor wells installed prior to the effective date of this Section may be accepted by the Manager of Pollution Abatement if it can be shown that they adequately monitor a site.

(C) All new monitor wells shall be drilled to a depth of at least ten feet below the top of the first free water encountered, and shall be drilled and completed by a licensed monitor well driller. If documentation is submitted to the Manager of Pollution Abatement prior to drilling the monitor wells to show that no free water will be encountered within a depth of 50 feet from the surface, then the Manager of Pollution Abatement may require that monitor wells be drilled to a lesser depth.

(D) All new monitor wells shall meet the requirements as set out in rules established by the Oklahoma Water Resources Board, in addition to the following requirements:

(i) A removable and lockable cap shall be placed on top of the casing. The cap shall remain locked at all times, except when the well is being sampled.

(ii) Within 30 days after installation, specific completion information, a diagram of the locations of all monitor wells in relation to the soil farming site, and numerical labeling of such monitor wells shall be submitted to the Manager of Pollution Abatement.

(4)Sampling of monitor wells. Sampling of monitor wells shall begin prior to the first soil farming application and shall be done once every six months (during January and July) after operations commence until one year after the last application is made, then once every year for three years according to the following:

(A) The appropriate District Manager shall be notified at least 24 hours in advance of sampling to allow a Commission representative an opportunity to witness the sampling.

(B) Samples shall be collected and handled by the operator according to EPA-approved standards ("RCRA Groundwater Monitoring Technical Enforcement Guidance Document," EPA, OSWER-9950.1, September, 1986, pp.99-107.)

(C) If requested by a representative of the Conservation Division, an adequate portion of each sample (approximately one pint) shall be properly labeled and delivered or otherwise provided to the appropriate Conservation Division District Office or Field Inspector.

(D) All samples must be analyzed for pH, chlorides and TDS by a laboratory certified by the Oklahoma Department of Environmental Quality or operated by the State of Oklahoma. Analysis of additional parameters may be required based on the operations as determined by the Manager of Pollution Abatement.

(E) A copy of each analysis and a statement as to the depth to groundwater encountered in each well, or a written statement that no water was encountered, shall be forwarded to the Pollution Abatement Department within 30 days of sampling.

(F) All samples delivered to the laboratory shall be accompanied by a chain of custody form. The chain of custody form and sample analyses must be submitted to the Conservation Division.

(5)Representative soil analysis. A representative soil analysis of the active soil farming plot (or plots) shall be submitted to the Manager of Pollution Abatement with the semiannual report on Form 1014A. The analysis shall include TSS, oil and grease, ESP, arsenic and chrome.

(6)Site Security. Soil farming shall only occur when there is an attendant on duty. All sites shall be secured by a locked gate when an attendant is not on duty. A key or combination to the lock shall be provided to the appropriate Field Inspector for the purpose of carrying out inspections.

(i)Conditions of operation.

(1)Required form. A completed Form 1014CS shall be submitted to the Manager of Pollution Abatement for approval prior to commencement of soil farming.

(2)Notice to Commission. The applicant, by agreement with the Conservation Division, shall schedule the commencement of soil farming no less than 24 hours prior thereto, to allow a Commission representative to be present to witness the work.

(3)Presence of representative. A representative of the applicant shall be on the soil farming site at all times during application of the pit materials to the land.

(4)Type muds to be soil farmed. Commercial soil farming is limited to water-based type muds and/or cuttings. At the time of land application, soil farming of water-based type muds and/or cuttings with a chloride content greater than 5,000 mg/l shall be prohibited. Soil farming of mud containing asphalt based oil, or oil-based muds and/or cuttings shall be prohibited.

(5)Weather restrictions. Commercial soil farming shall not be done:

(A) During precipitation events.

(B) When the soil moisture content is at a level such that the soil would not readily take the addition of drilling fluids.

(C) When the ground is frozen.

(D) By spray irrigation when the wind velocity is such that even distribution of materials cannot be accomplished or the buffer zones, pursuant to (6) of this subsection, or filter strips, pursuant to (7) of this subsection, cannot be maintained.

(6)Buffer zones: No commercial soil farming shall be done within the following buffer zones:

(A) One hundred feet of a property line boundary.

(B) Fifty feet of any stream not designated by Oklahoma Water Quality Standards.

(C) Three hundred feet of any actively-producing water well used for domestic, irrigation or industrial purposes.

(D) One thousand three hundred feet of any public water well.

(7)Filter strips. No commercial soil farming shall be done on filter strips. Filter strips must have a minimum width of 100 feet, and vegetation must be maintained on filter strips.

(8)Application rate. The maximum application rate of drilling fluids and/or cuttings stipulated by the permit shall not be exceeded. Furthermore, the minimum required acreage within the approved soil farming plot, as designated by the permit, shall be fully utilized. Application of drilling fluids and/or cuttings outside the approved plot shall be prohibited.

(9)Soil farming method.

(A) Application of mud and/or cuttings shall be uniform over the soil farming plot and shall be made by injection, spray irrigation, or other method approved by the Commission prior to use. The flood irrigation method shall be limited to those fields that normally are irrigated in that manner.

(B) An application of more than 50,000 lbs/acre of dry weight materials or more than 500 lbs/acre of oil and grease shall be incorporated into the soil by injection, disking, or other method approved by the Commission. If the injection method is not used, incorporation must be made within a reasonable time period after completion of application, not to exceed 14 days unless extended by the Pollution Abatement Department pursuant to a written request.

(C) When the spray irrigation method is used and solids eventually accumulate on the soil surface to a one-eighth (1/8) inch depth, then the materials shall be incorporated prior to subsequent soil farming.

(D) All soil farming vehicles shall be either a single or double axle vehicle with a permanently attached tank that shall not exceed 100 barrels, and the vehicle shall be equipped so as to minimize pooling and ruts caused by tire tracks. It shall have a diffuser mechanism to spread the mud/fluids in a fan pattern. Spreader bars shall not be used. The mud/fluids shall be forced from the tank with air pressure or a mechanical pump. Gravity application is prohibited. Transport/tanker trucks (18 wheel vehicles) shall not be used for soil farming at any time. Use of an unauthorized vehicle or equipment may result in the revocation of authority to soil farm. A fine of up to $2,000.00 may be assessed for each violation of this paragraph.

(E) Drill cuttings shall be spread with an industrial mechanical spreader capable of broadcasting and/or fanning out the cuttings. Dozers, backhoes, motor blades or scrapers shall not be used to spread drill cuttings or drill solids during soil farming at any time. Any other equipment must be approved by the Manager of Pollution Abatement prior to commencement of operations.

(10)Runoff or ponding prohibited. No runoff or ponding of soil farmed materials shall be allowed during application.

(11)Suspension of soil farming authority. If the applicant violates the order authorizing soil farming, or this Section, soil farming shall be discontinued and the Pollution Abatement Department shall be contacted immediately. The Pollution Abatement Department may shut down the facility until the operator completes any remedial work. Soil farming may resume with the approval of the Pollution Abatement Department.

(12)Prevention of pollution. All commercial soil farming facilities shall be operated and maintained at all times so as to prevent pollution. In the event of a nonpermitted discharge from a commercial soil farming facility, sufficient measures shall be taken to stop or control the loss of materials and reporting procedures in 165:10-7-5(c) shall be followed. Any materials lost due to such discharge shall be cleaned up as directed by a representative of the Conservation Division.

(13)Vegetative cover. If the vegetative cover of the area which has been soil farmed is destroyed or significantly damaged by disking, injection, or other practice associated with soil farming, the vegetative cover shall be reestablished within one year after the last soil farming application.

(14)Fencing. All commercial soil farming sites shall be completely enclosed by a fence at least four feet in height. No livestock shall be allowed inside the fence.

(j)Additional requirements. The requirements set forth in this Section are minimum requirements. Additional requirements may be made upon a showing of good cause that an operator has a history of complaints for failure to comply with Commission rules, or the site has certain limitations, or other conditions of risk exist.

(k)Semiannual report. The operator of any commercial soil farming facility shall submit a semiannual report on Form 1014A to the Manager of Pollution Abatement by February 1 and August 1 of each year.

(l)Prospective application to existing operations. Subsections (d), (e), (f), (g), (h), (i), (j), (k) and (m) of this Section shall apply to all commercial soil farming operations for which an order or permit was obtained prior to the adoption of this Section. All affected operators shall have their facility in compliance with all of the noted subsections by December 31, 1988. Failure to be in compliance by that date shall result in termination of the authority to operate.

(m)Variances. Except as provided in this Section, variances from provisions of this Section may be granted for good cause by order after application, notice, and hearing.

(n)Compliance history. In the event the Commission has evidence that an applicant for a commercial soil farming operation may not possess a satisfactory compliance history with Commission rules, the Director of the Conservation Division may seek an order of the Commission, issued after application, notice, and hearing, determining whether the applicant should be authorized to conduct such commercial soil farming operation.

Okla. Admin. Code § 165:10-9-2

Amended at 12 Ok Reg 2017, eff 7-1-95; Amended at 25 Ok Reg 2187, eff 7-11-08; Amended at 27 Ok Reg 2128, eff 7-11-10; Amended at 29 Ok Reg 950, eff 7-1-12

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

Amended by Oklahoma Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

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

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019