26 Miss. Code. R. 2-1.45
Pursuant to Chapter 301, General Laws of 1970, these rules and regulations are hereby promulgated to prevent waste by pollution of air, fresh waters and soils. These rules shall be effective throughout the State of Mississippi and are for the purpose of prevention of waste by pollution of air, fresh waters and soils.
Penalties as provided for in Section 53-1-47 of the Mississippi Code of 1972 may be assessed for using any earthen pit without a valid permit issued by the Supervisor of the State Oil and Gas Board being currently in effect.
A general plan for disposal of pit contents shall accompany the application for any pit permit including a drilling reserve pit.
All permits now in existence issued by the Supervisor for the use of earthen pits shall expire within two (2) years from the date of the adoption of this rule by the State Oil and Gas Board, unless so provided otherwise, and must then be renewed by the Supervisor.
The Supervisor of the State Oil and Gas Board may issue a permit for the construction of certain earthen pits. Permits may be issued for five (5) types of earthen pits, as follows:
Temporary Salt Water Storage Pits:
This type of pit is temporary and is permitted only if no other means of storing or disposing of salt water is available. For example, a new discovery well might be located in an area remote from possible salt water disposal wells.
Emergency Pits:
This type of earthen pit is intended for emergency conditions, including the rupture or failure of other facilities. Burn Pits:
This type of pit is intended for use as a place to burn tank bottoms and other refuse products that cannot be handled practicably in any other way.
Well Test Pits:
This type of pit is contemplated as a small pit used to test a producing well for a short period of time.
Drilling Reserve Pits (Mud Pits):
A special permit is not required for Drilling Reserve Pits, because an approved Form No. 2 (Permit to Drill) constitutes the permit for the Drilling Reserve Pits. This type of pit is subject to strict stipulations as to backfilling when drilling is completed. (See below).
| Chlorides | 500 mg/l or less |
| PH | Between 6.0 and 9.0 |
| Suspended Solids | 100 mg/l or less |
| Specific Conductance | 1000 Micromhos/cm or less |
| COD | 250 mg/l or less |
| Zinc | 5.0 mg/l or less |
| Chromium (total) | 0.5 mg/l or less |
| Phenol | 0.1 mg/l or less |
Should the Supervisor of the State Oil and Gas Board determine that the continued operation of a pit or pits would result in waste by pollution of fresh water or water courses, or contamination of soils outside the confines thereof, he may prohibit further use of the pit or pits until the conditions causing or likely to cause such waste by such pollution have been corrected. If corrective measures are not satisfactorily completed within thirty (30) days, the Supervisor may revoke the pit permit. Penalties as provided for in Section 53-1-47 of the Mississippi Code of 1972 may be assessed.
When a pit permit is revoked, the pit shall be emptied of fluids within two (2) weeks and backfilled, leveled, and compacted within thirty (30) days or additional penalties may be assessed.
Drilling muds and fluids and other waste products and deleterious substances used in conjunction with drilling operations may be disposed of by injection into sub-surface strata containing a dissolved solids content greater than 10,000 ppm, or as approved by the Supervisor, and void of oil, gas and fresh water, during the progress of or following drilling operations only, provided authorization is granted by the Supervisor of the State Oil and Gas Board.
In those instances wherein the owner of the surface lands and the operator of a producing well, an abandoned well, or a drilled well have reached agreement for payment in lieu of restoration of the premises, and when in such cases it is established that all potential contaminants have been removed, leaving only the earthen pit, then after examination by a representative of the State Oil and Gas Board, the Supervisor of said Board is authorized to waive requirements for backfilling and compacting upon receipt by the Supervisor of an agreement executed by the surface owner(s) assuming all responsibility and liability for the pit.
Impervious containers shall be used in lieu of pits in areas where it is impossible or impractical to construct a pit, or to protect waters used for public water supply, shellfish harvesting, recreation, or fish and wildlife. Where impervious containers are used, the contents shall be removed and properly disposed of within ninety (90) days following usage.
Any operator failing to comply with the provisions of this rule shall be subject to the penalty provided for violation of the rules of the Oil and Gas Board.
Should the Supervisor of the State Oil and Gas Board determine that the continued operation of a well, wells or associated treating, handling or storage facilities would cause waste, pollution or contamination of air, surface water, a USDW or soils, he will immediately prohibit further operation of the well, wells or associated facilities and may suspend the operator's Certificate of Compliance (Form 8) to transport oil, gas or other products until such time as it is determined by the Supervisor that the operator is in compliance with all rules and regulations of the Board.
Should any section, subsection or other provision of this rule be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the rule as a whole or any part thereof, other than the part so declared to be invalid, this Board hereby declaring that it would have adopted those parts of this rule which are valid and omitted any parts which may be invalid, if it had known that such part or parts were invalid at the time of the adoption of this rule.
26 Miss. Code. R. 2-1.45