1. (a) Applicability.

   1. (1) This section applies to all pits constructed during the drilling, completion, and testing of a:

      1. (A) Brine, oil, gas, or oil and gas production well;
      2. (B) Brine injection or disposal well;
      3. (C) Class II disposal well; and
      4. (D) Class II commercial disposal well.
   2. (2) “Pits”, as used in context of this section, refer to the type of pits as defined in subsection (c) of this section, below.

2. (b) Joint enforcement.

   1. (1) After the effective date of this section, any operator who constructs or operates a pit covered by this section shall be subject to the specific enforcement provisions under the respective authorities of the:

      1. (A) Oil and Gas Commission; or
      2. (B) Division of Environmental Quality.
   2. (2) The regulation of the activities covered under this section by the commission and the division shall be in accordance with a Memorandum of Agreement (MOA) between the Oil and Gas Commission and the division.

3. (c) Definitions.

   1. (1) “APC&EC” means the Arkansas Pollution Control and Ecology Commission;
   2. (2) “Closed loop system” means a system that uses a combination of solids control equipment incorporated in a series of steel tanks that eliminates the use of a pit;
   3. (3) “Completion flowback fluid” means any of a number of liquid and gaseous fluids or mixtures of fluids, chemicals, and/or solids that flow from a well and consisting of drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other materials which have been removed from the well bore during the initial completion of a well, but does not include frac flowback fluid;
   4. (4) “Cuttings” means fragments of rock which are a result of the cutting action of the drill bit on rock formations encountered in the well which are transported to the surface by the drilling fluid;
   5. (5) “DEQ” means the Division of Environmental Quality;
   6. (6) “Discharge” means the release, overflow, leakage, or seepage of any fluids covered by this section;

   7. (7)

      1. (A) “Drilling fluid” means any of a number of liquid and gaseous fluids and mixtures of fluids and solids (as solid suspensions, mixtures, and emulsions of liquids, gases, cuttings, and other solids) utilized during brine, oil, or gas drilling operations.
      2. (B) Drilling fluid is generally synonymous with drilling mud, which:
4. (i) Typically contains:
5. (a) (a) Bentonitic clays;
6. (b) (b) Chemical additives;
7. (c) (c) Foaming agents;
8. (d) (d) Lubricants;
9. (e) (e) Emulsifiers; and

10. (f) (f) Weighting materials; and

    1. (ii) Encompasses most muds used in drilling operations, especially muds that contain significant amounts of:
11. (a) (a) Suspended solids;

12. (b) (b) Emulsified water; or

    1. (c) (c) Oil.

       1. (C) Mud includes all types of water-based, oil-based, and synthetic-based drilling fluids;
    2. (8) “Director of the DEQ” means the Director of the Division of Environmental Quality or his or her designated representative;
    3. (9) “Director of OGC” means the Oil and Gas Commission Director of Production and Conservation or his or her designated representative;

    4. (10)

       1. (A) “Ecologically sensitive waterbody (ESW)” means waters that have been given the designated use of ecologically sensitive waterbody by the Arkansas Pollution Control and Ecology Commission.
       2. (B) This beneficial use identifies segments known to provide habitat within the existing range of threatened, endangered, or endemic species of aquatic or semiaquatic life forms;
    5. (11) “Encountered water” means water encountered during brine, oil, or gas drilling operations, which is of sufficient quantity to require disposal, and which is not produced water;

    6. (12) “Exploration and production waste (E&P waste)” means wastes associated with the exploration, development, and production of brine, oil, or gas and which are not regulated by the provisions of, and, therefore, exempt from the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, and may include, but are not limited to the following:

       1. (A) Salt water (produced brine or produced water);
       2. (B) Oil-based drilling fluids;
       3. (C) Water-based drilling fluids;
       4. (D) Completion flowback fluid;
       5. (E) Frac flowback fluid;
       6. (F) Workover flowback fluid;
       7. (G) Produced water;
       8. (H) Rainwater from firewalls and pits at drilling and production facilities; and
       9. (I) Other wastes not described above;

    7. (13)

       1. (A) “Extraordinary resource waters (ERW)” means waters that have been given the designated use of extraordinary resource waterbody by the Arkansas Pollution Control and Ecology Commission.

       2. (B) This beneficial use is a combination of the chemical, physical, and biological characteristics of a waterbody and its watershed which is characterized by:

          1. (i) Scenic beauty;
          2. (ii) Aesthetics;
          3. (iii) Scientific values;
          4. (iv) Broad scope recreation potential; and
          5. (v) Intangible social values;
    8. (14) “Frac flowback fluid” means fluids that consist of fresh water and solids such as sand or other proppant (resin or ceramic grains) or other additives that flow from a well following hydraulic fracturing of a well, until such time as the volume of fluid utilized for the hydraulic fracturing process in the well has been recovered;

    9. (15)

       1. (A) “Natural and Scenic Waterways (NSW)” means waters that have been given the designated use of Natural and Scenic Waterways by the Arkansas Pollution Control and Ecology Commission.
       2. (B) This beneficial use identifies segments which have been legislatively adopted into a state or federal system;

    10. (16) “Nonhazardous oilfield wastes (NOW)” means fluids to be used or reused in connection with activities associated with the exploration, development, and production of brine, oil, or gas and includes, but is not limited to:

        1. (A) Drilling fluids;
        2. (B) Completion fluids;
        3. (C) Surfactants; and
        4. (D) Chemicals used to detoxify brine, oil, or gas wastes;
    11. (17) “OGC” means the Oil and Gas Commission;
    12. (18) “Oil-based drilling fluid” means drilling fluids containing diesel or crude oil rather than fresh water as the main liquid phase of the drilling mud;

    13. (19)

        1. (A) “Operator” means any person who has the primary management and ultimate decision-making responsibility over the operation of a facility or activity.
        2. (B) The operator is responsible for ensuring compliance with all applicable rules and conditions;

    14. (20) “Person” means:

        1. (A) Natural person;
        2. (B) Corporation;
        3. (C) Organization;
        4. (D) Municipality;
        5. (E) Government;
        6. (F) Governmental subdivision;
        7. (G) Agency;
        8. (H) Public or private corporation;
        9. (I) Business trust;
        10. (J) Estate;
        11. (K) Trust;
        12. (L) Individual;
        13. (M) Partnership;
        14. (N) Association; or
        15. (O) Any other legal entity;

    15. (21) “Pit” shall include:

        1. (A) Circulation pit.

           1. (i) A pit used during drilling where drilling fluids are circulated during drilling operations.
           2. (ii) The circulation pit may be part of the mud pit.
           3. (iii) Circulation pits may also refer to a series of open, aboveground tanks, usually made of steel;

        2. (B) Completion pit.

           1. (i) A pit used for storage of completion flowback fluid and drilling fluids or other materials which have been cleaned out of the well bore during the initial completion of a well.
           2. (ii) Circulation or mud pits may be used as completion pits when drilling operations conclude;

        3. (C) Emergency pit.

           1. (i) A pit used for containing fluids at an operating well during an actual emergency and for a temporary period of time.
           2. (ii) Use of the emergency pit is necessitated due to unplanned operational issues, which may include but is not limited to, a:
13. (a) (a) Temporary shutdown of a disposal well or fluid injection well or associated equipment;

14. (b) (b) Temporary overflow of saltwater storage tanks on a producing lease, gas flaring, cement circulation; or

    1. (c) (c) Producing well loading up with formation fluids;

       1. (D) Mud pit.

          1. (i) A pit or series of pits used during drilling where fluids are mixed and circulated during drilling operations.
          2. (ii) Mud pits may also refer to a series of open, aboveground tanks, usually made of steel;

       2. (E) Reserve pit.

          1. (i) A pit not part of the active circulation system, used to store drilling fluids or to contain fluids generated during drilling operations.
          2. (ii) Such fluids would include, but not be limited to:
15. (a) (a) Cuttings;

16. (b) (b) Drilling fluids; and

    1. (c) (c) Encountered water;

       1. (F) Test pit. A pit constructed for use during a well test; and
       2. (G) Workover pit. A pit used for storage of completion flowback fluid, workover flowback fluid, and other materials which have been cleaned out of the well bore during any subsequent completion or recompletion;

    2. (22) “Pollution” means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will, or is likely to, render the waters harmful, detrimental, or injurious to:

       1. (A) Public health, safety, or welfare;
       2. (B) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or
       3. (C) Livestock, wild animals, birds, fish, or other aquatic life;

    3. (23) “Produced water” means water produced from any productive or potentially productive brine, oil, or gas producing interval in the well, which is not:

       1. (A) Completion flowback fluid;
       2. (B) Frac flowback fluid;
       3. (C) Workover flowback fluid; or
       4. (D) Encountered water;

    4. (24) “Stormwater” means:

       1. (A) Rainwater runoff;
       2. (B) Snow melt runoff; and
       3. (C) Surface runoff and drainage;
    5. (25) “Water-based drilling fluid” means drilling fluid containing fresh waters rather than diesel or crude oil as the liquid component of the drilling mud;
    6. (26) “Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of the state;
    7. (27) “Water table” means the surface between the zone of saturation and the zone of aeration and the surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere; and

    8. (28) “Workover flowback fluid” means any of a number of liquid and gaseous fluids and mixtures of fluids, chemicals, and/or solids consisting of drilling fluid, silt, debris, water, brine, oil scum, paraffin, or other materials which are removed from the well bore during the subsequent or recompletion of a well.

       1. (d) Commencement of construction operations.
    9. (1) The operator shall notify the appropriate Oil and Gas Commission regional office, via mail, email, or fax at least forty-eight (48) hours prior to the commencement of pit construction operations.

    10. (2) The notice of commencement (NOC) shall be on a form agreed upon by the Oil and Gas Commission and the division and shall include, at a minimum, the:

        1. (A) Operator information (name, address, and emergency contact phone number);
        2. (B) Location of the drill pad site (latitude and longitude in degrees, minutes, seconds, and county, section, range, and township, including the quarter (1/4) of the quarter (1/4) position within the section);
        3. (C) Approximate size of the drill pad;
        4. (D) Approximate distance to the nearest waters of the state;
        5. (E) Type of fluid system and type of drilling fluids to be used;
        6. (F) Well name;
        7. (G) Nearest city/town; and
        8. (H) Approximate date pit construction operations shall commence.
    11. (3) Upon receiving the notice of commencement, the Oil and Gas Commission shall forward a copy to the division, Department of Health, and the county judge of the county in which the pit is located.
    12. (4) Oil and Gas Commission and division staff may conduct site inspections as deemed necessary.

17. (e) Discharges prohibited.

    1. (1) The discharge from a pit or any activity associated with the drilling or completion of a well to any surface or groundwaters or in a location where it is likely to cause pollution to any surface or groundwaters is prohibited.
    2. (2) Such discharge may subject the operator to division enforcement actions under the provisions of the Water and Air Pollution Control Act, Acts 1949, No. 472, as amended, Arkansas Code § 8-4-101 et seq., and enforcement actions of the Oil and Gas Commission under Acts 1939, No. 105, as amended.
    3. (3) Any discharge must be reported within twenty-four (24) hours to the Oil and Gas Commission and the division.
    4. (4) Leakage from any pit is considered an unauthorized discharge.

18. (f) Mud, circulation, and reserve pit construction requirements.

    1. (1) General requirements.

       1. (A) Mud, circulation, and reserve pits constructed within the one-hundred-year flood plain must be in accordance with any county or other local ordinance or requirement pertaining to the one-hundred-year flood plain.

       2. (B)

          1. (i) The location of all mud, circulation, or reserve pits shall be chosen with reasonable consideration to maximizing the distance from surface waters.
          2. (ii) Mud, circulation, or reserve pit construction in streams, creeks, lakes, or any other waterbodies is strictly prohibited.
       3. (C) Any mud, circulation, or reserve pit construction in wetlands must receive appropriate prior authorization from the United States Army Corps of Engineers.
       4. (D) In areas other than jurisdictional wetlands referenced in subdivision (f)(1)(C) of this section, above, where the water table is ten feet (10’) or less below the ground surface, all mud, circulation, or reserve pits shall be constructed aboveground, or the operator shall use a closed loop system.

    2. (2) Reserve pit requirements.

       1. (A)

          1. (i) All reserve pits shall be:
19. (a) (a) Constructed with a minimum of two feet (2’) of freeboard; and

20. (b) (b) Maintained to handle a storm event up to a ten-year, twenty-four-hour storm event during the operation of the reserve pit.

    1. (ii)
21. (a) (a) Reserve pits constructed above ground utilizing bermed side walls shall be constructed with a minimum of two feet horizontal to one foot vertical (2’:1’) side slope on both the interior and exterior walls.

22. (b) (b) The top of the bermed pit walls must be a minimum of two feet (2’) wide.

    1. (B) All reserve pits shall be constructed with a liner using one (1) of the following methods:

       1. (i)
23. (a) (a) A synthetic liner of at least twenty (20) mils thickness, with a four-inch welded seam overlap, completely covering the reserve pit bottom and inside walls.

24. (b) (b) Sand or sandy material must be placed below the liner if a rocky or uneven surface is encountered.

    1. (c) (c) The synthetic liner must be protected from deterioration, punctures, and/or any activity which may damage the integrity of the synthetic liner;

       1. (ii)
25. (a) (a) A compacted clay liner may be applied to the bottom and sides of the reserve pit to create an impervious/impermeable barrier.

26. (b) (b) Construction of the reserve pit and compacted clay liner shall be in accordance with sound construction and engineering principles designed and constructed to prevent any leakage or seepage to water of the state, with due consideration given to the:

    1. (1) (1) Topography;
    2. (2) (2) Pit material composition; and

    3. (3) (3) Availability of liner materials.

       1. (c) (c) The clay used to construct the liner may be in situ or mixed with additional off-site materials, if the on-site clay is inadequate; or

          1. (iii) Other materials or methods used for liner construction must be approved by both the Director of the Division of Environmental Quality and the Director of Production and Conservation prior to use.

    4. (3) Mud and circulation pits.

       1. (A) Closed loop systems may be used for mud and circulations pits and must be maintained in a leak-free condition.

       2. (B) Earthen mud and circulation pits shall be:

          1. (i) Constructed with a minimum of two feet (2’) of freeboard; and
          2. (ii) Maintained to handle a storm event up to a ten-year, twenty-four-hour storm event during the operation of the mud or circulation pit.

       3. (C) Earthen mud and circulation pit liners shall be constructed using one (1) of the following methods:

          1. (i)
27. (a) (a) A synthetic liner of at least twenty (20) mils thickness, with a four-inch welded seam overlap, completely covering the reserve pit bottom and inside walls.

28. (b) (b) Sand or sandy material must be placed below the liner if a rocky or uneven surface is encountered.

    1. (c) (c) The synthetic liner must be protected from deterioration, punctures, and/or any activity which may damage the integrity of the synthetic liner;

       1. (ii)
29. (a) (a) Bentonite drilling mud from freshwater-based drilling fluids may be used on the bottom and sides of the earthen mud or circulation pit to create an impervious/impermeable barrier.

30. (b) (b) Application of the mud or circulation pit bentonite drilling mud liner shall be in accordance with sound construction and standard industry practices designed and constructed to prevent any discharge; or

    1. (iii)
31. (a) (a) A concrete liner may be applied to the bottom and sides of the earthen mud or circulation pit to create an impervious/impermeable barrier.

32. (b) (b) Construction of the mud or circulation pit concrete liner shall be in accordance with sound construction and standard industry practices designed and constructed to prevent any discharge.

    1. (D) Oil-based drilling fluids shall not be placed in an earthen mud or circulation pit unless the pit is lined with a synthetic or concrete liner as prescribed in subdivision (f)(3)(C)(i) or subdivision (f)(3)(C)(iii) of this section, above.

       1. (E) If oil-based drilling fluids are to be used, and the location of the mud or circulation pit is within one hundred feet (100’) of a pond, lake, stream, ERW, ESW, or NSW, the operator is required to use a closed loop system.

33. (g) Operating requirements for mud, circulation, or reserve pits.

    1. (1) No waste oil, hydraulic fluids, transmission fluids, trash, or any other miscellaneous rig waste may be placed, stored, or disposed into a mud, circulation, or reserve pit.

    2. (2) Produced water and frac flowback fluid may not be placed, stored, or disposed in a mud, circulation, or reserve pit, except that as part of a frac flowback fluid recycling program, frac flowback fluids, and, upon approval of both the Director of Production and Conservation and the Director of the Division of Environmental Quality, produced water may be temporarily placed or stored in a reserve pit for a period not to exceed ninety (90) days per pit use for this purpose if:

       1. (A) The reserve pit is constructed with a clay liner as specified in subdivision (f)(2)(B)(ii) of this section, above, and a synthetic liner of at least forty (40) mils thickness, or two (2) twenty-mils-thickness synthetic liners, in addition to all other applicable reserve pit construction requirements as specified in subdivision (f)(2) of this section, above, and have a means to monitor between the synthetic liners (if two (2) liners are utilized) and below the bottom of the lower most synthetic liner;

       2. (B)

          1. (i) The operator requests approval from the division in writing prior to the placement or storage of the frac flowback fluid or approved produced water in a reserve pit.
          2. (ii) Such request shall include:
34. (a) (a) The Oil and Gas Commission well permit number;

35. (b) (b) Well name;

    1. (c) (c) Description of the water to be stored;

       1. (d) (d) Anticipated dates of use;
36. (e) (e) Volume of water to be stored or placed; and

37. (f) (f) Detailed information on any proposed pipelines for the transfer of frac flowback fluids, including a map showing proposed pipeline location; and

    1. (C) No frac flowback fluids or other fluids mixed with frac flowback fluids temporally stored or placed in a reserve pit may be sent to any commercial land applications disposal facility or land applied on site.
    2. (3) Water-based drilling fluid, stormwater, water from waters of the state, or encountered water may be placed or stored in an earthen mud, circulation, or reserve pit.

    3. (4)

       1. (A) Mud, circulation, and reserve pits must be maintained in such a manner as to prohibit any discharges.
       2. (B) The operator is required to maintain adequate storage capacity at all times.

    4. (5)

       1. (A) Mud, circulation, and reserve pit levees or walls shall be protected and maintained at all times to prevent deterioration or discharge.
       2. (B) In addition, pit liners shall also be maintained and protected from deterioration or puncture causing discharge of fluids until such time that the pit is emptied and closed.

    5. (6)

       1. (A) Mud, circulation, and reserve pits shall contain only drilling fluids generated during the drilling of the well or wells at the drilling pad where the pit is constructed, except that as part of a frac flowback fluid recycling program, a reserve pit, permitted in accordance with subdivision (g)(2) of this section, above, may temporarily contain frac flowback fluids, and, upon approval by both the Director of Production and Conservation and the Director of the Division of Environmental Quality, produced water, which may be transferred to another drill pad reserve pit permitted in accordance with subdivision (g)(2) of this section, above.
       2. (B) The transfer of frac flowback fluids and approved produced water via tank truck shall be in accordance with 15 CAR § 275-503.

       3. (C) If the transfer of frac flowback fluids and approved produced water is via pipeline, such pipeline shall be constructed and maintained in a leak-free condition and protected from:

          1. (i) Deterioration;
          2. (ii) Punctures; and/or
          3. (iii) Any activity which may damage the integrity of the pipeline.
       4. (D) If the proposed pipeline will result in a stream crossing, a short-term activity authorization shall be received from the division prior to construction.
       5. (E) Any discharge from the pipeline shall be reported immediately to the division.

    6. (7)

       1. (A) In the event of an emergency and with prior approval from either the Director of the Division of Environmental Quality or the Director of Production and Conservation, the reserve pit may be used for temporary additional storage of water-based drilling fluids from another drilling pad location.

       2. (B)

          1. (i) In the event of an emergency, any request for approval must be submitted to both the division and the Oil and Gas Commission for review.
          2. (ii) The division or the Oil and Gas Commission will provide notice to each other at the time of the approval of any request made pursuant to this subdivision (g)(7).
    7. (8) Except as specified in subdivision (i)(1) of this section, or in an emergency and with prior approval from the Director of the Division of Environmental Quality, hauling or transporting drilling fluids from a pit to an off-site location not located on a drilling pad, for additional storage, is prohibited.
    8. (9) Oil-based drilling fluids shall be segregated from water-based drilling fluids and other drilling fluids.

38. (h) Fluid disposal and earthen pit closure requirements for water-based drilling fluid and encountered water.

    1. (1) Water-based drilling fluid, stormwater, water from waters of the state, or encountered water stored in the pits shall be removed to the maximum extent practical using pumps or similar equipment at the time of pit closure, and shall be disposed of in one (1) of the following manners:

       1. (A) Land applied in accordance with an active division land application permit;
       2. (B) Disposed of fluid into approved NPDES or state-permitted facility;
       3. (C) Injected via Class II wells permitted by the Oil and Gas Commission;
       4. (D) Pumping the water-based drilling fluids back down the well bore of the well in accordance with Oil and Gas Commission requirements;

       5. (E)

          1. (i) Water-based drilling fluids exhibiting high viscosity to high solids concentration may be solidified or stabilized by combining with available native soils and buried in situ.
          2. (ii) The operator is responsible for ensuring the native soils are properly mixed to prevent any discharge;
       6. (F) Transported by truck or by pipeline to a reserve pit which is part of an approved frac flowback fluid recycle program; and
       7. (G) By any other method as approved by the division and the Oil and Gas Commission.
    2. (2) The operator shall take all reasonable measures to ensure that drilling fluid and encountered water that is removed from the well site are properly transported to and disposed of or recycled or reclaimed at an Oil and Gas Commission or division permitted site or facility, or a permitted site or facility outside of Arkansas.
    3. (3) Any synthetic liner used shall be removed to the fullest extent practicable and properly disposed or recycled.

    4. (4)

       1. (A) The closed pit shall be filled with native materials and covered with topsoil at depths consistent with adjoining on-site areas, with the contour mounded or sloped to discourage erosion and restored as close to the original contours as is practicable.
       2. (B) Topsoil and native materials removed during pit construction may be preserved and used during closure.
    5. (5) The oil and grease content of the material to be buried in situ shall be less than three percent (3%) by dry weight.

    6. (6)

       1. (A) The pit and applicable portion of the drill pad not utilized for production purposes shall be returned to grade, reclaimed, and seeded within a reasonable amount of time not to exceed one hundred eighty (180) days after the drilling or workover rig is removed from the site, or in the case of a multiple well drill pad, within one hundred eighty (180) days after the drilling or workover rig utilized for the last well to be drilled from the drill pad is removed, during which period the reserve pit shall be maintained in accordance with the provisions of this section.
       2. (B) An extension of the time to close the pit may be granted upon approval of both the Oil and Gas Commission and the division.

       3. (C)

          1. (i) Vegetative coverage of seventy-five percent (75%), or equivalent to the surrounding landscape, whichever is less, shall be obtained within six (6) months of pit closure.
          2. (ii) Until vegetation is established, the operator is responsible for maintaining a stormwater erosion and sediment control plan.

    7. (7)

       1. (A) The operator shall submit the notice of pit closure to the Oil and Gas Commission signed by the operator within thirty (30) days after pit closure has been completed.

       2. (B) The Oil and Gas Commission shall forward a copy to the division.

          1. (i) Fluid disposal and earthen pit closure requirements for oil-based drilling fluids.

    8. (1)

       1. (A) Oil-based drilling fluids shall be:

          1. (i) Removed from the pit and hauled to a permitted Class 1 (as defined by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60) landfill for disposal;
          2. (ii) Transferred to aboveground tanks for reuse at another well location; or
          3. (iii) Disposed of with other methods or uses of oil-based drilling fluids as approved by the division.
       2. (B) The operator shall inform the Oil and Gas Commission of the location of the disposal or transfer of the oil-based drilling fluids.
       3. (C) The Oil and Gas Commission shall forward a copy to the division.
    9. (2) If an oil-based drilling fluid other than diesel is used as the base, additional analytical or disposal requirements may be required, which shall require prior notification and approval by the division.
    10. (3) Any synthetic liner used shall be removed to the fullest extent practicable and properly disposed or recycled.

    11. (4)

        1. (A) The closed pit shall be filled with native materials and covered with topsoil at depths consistent with adjoining on-site areas, with the contour mounded or sloped to discourage erosion and restored as close to the original contours as is practicable.
        2. (B) Topsoil and native materials removed during pit construction may be preserved and used during closure.

    12. (5)

        1. (A) The area shall be returned to grade, reclaimed, and seeded within a reasonable amount of time not to exceed one hundred eighty (180) days after the drilling rig is removed from the site.

        2. (B)

           1. (i) Vegetative coverage of seventy-five percent (75%), or equivalent to the surrounding landscape, whichever is less, shall be obtained within six (6) months of closure.
           2. (ii) Until vegetation is established, the operator is responsible for maintaining a stormwater erosion and sediment control plan.

    13. (6)

        1. (A) The operator shall submit the notice of pit closure to the Oil and Gas Commission signed by the operator within thirty (30) days after pit closure has been completed.
        2. (B) The Oil and Gas Commission shall forward a copy to the division.

39. (j) Requirements for workover pits, emergency pits, and test pits.

    1. (1) No produced water, workover flowback water, waste oil, or any other nonhazardous oilfield wastes (NOW) shall be placed in a workover, emergency, or test pit, unless the pit is lined in accordance with subdivision (f)(2)(B) of this section, above.

    2. (2)

       1. (A) All workover, emergency, or test pits shall be closed within thirty (30) days after the associated workover, emergency, or test ceases.
       2. (B) Any workover, emergency, or test pit shall be closed in accordance with the requirements of subsection (h) of this section, above.

40. (k) Other drilling mud systems not specifically authorized by this section shall require prior notification and approval by the:

    1. (1) Director of Production and Conservation; and

    2. (2) Director of the Division of Environmental Quality.

       1. (l) Stormwater erosion and sediment controls.

    3. (1)

       1. (A) The operator shall prepare a stormwater erosion and sediment control plan for the well site covered by this section.
       2. (B) The plan shall be prepared in accordance with proven and accepted engineering practices.
       3. (C) The plan shall describe and ensure the implementation of both erosion and sediment control practices which are to be used to reduce pollutants in stormwater discharges associated with the well pad and access roads to minimize erosion and reduce the sediments which may enter waters of the state and assure compliance with any applicable water quality standards (WQS).
       4. (D) Facilities shall implement the provisions of the plan required under this section.
       5. (E) The operator shall provide upon request by the division or Oil and Gas Commission a copy of the stormwater erosion and sediment control plan.
    4. (2) In lieu of a stormwater erosion and sediment control plan as required above, the operator may use a guidance document that provides operators the appropriate erosion and sediment controls based upon geographic region, terrain, and distance to adjacent waterbodies previously submitted and approved by the division.

    5. (3)

       1. (A) Any facility that potentially discharges stormwater runoff to a waterbody listed for siltation pursuant to Section 303(d) of the Clean Water Act of 1972, 33 U.S.C. § 1313(d), or an ERW, ESW, or NSW shall have a site specific stormwater erosion and sediment control plan prepared and certified by a registered professional engineer, and such plan shall incorporate best management practices to provide reductions of the listed pollutants to the extent reasonably feasible.
       2. (B) The 303(d) list, and the location of ERW, ESW, and NSW waters are available from the division’s website at the following address: http://www.adeq.state.ar.us/water/.

Codification Notes: “NPDES” means National Pollutant Discharge Elimination System. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Source: Original Rule Repealed October 15, 2006; New Rule Effective October 28, 2010 – Implementation October 1, 2011; amended April 1, 2012; amended November 19, 2018)"