1813 WELL CONSTRUCTION REQUIREMENTS: DERIVED MATERIAL FROM WELL CONSTRUCTION, MAINTENANCE, AND ABANDONMENT

1813.1 A well owner shall ensure all derived waste from the construction, maintenance, or abandonment of a well is managed and handled in accordance with this chapter and all District and federal laws and regulations.

1813.2 A well owner shall containerize all derived waste from the construction, maintenance, or abandonment of a well sited on a property where a recognized environmental condition has been identified and take the following measures:

1. (a) Representative sample(s) of the derived waste shall be collected and analyzed for known or suspected contaminants by a National Environmental Laboratory Accreditation Conference-certified laboratory using appropriate EPA-approved procedures;
2. (b) All derived waste shall be stored and transported in United States Department of Transportation-approved containers; and
3. (c) All derived waste shall be permanently removed from the site for disposal in accordance with all District and federal laws and regulations.

1813.3 No person shall place, use, store, or dispose of derived waste from the construction, maintenance, or abandonment of a well in a manner that the derived waste may come into contact with or leach into the waters of the District, thereby violating the District Water Quality Standards in Chapter 11 (Water Quality Standards) of Title 21 of the District of Columbia Municipal Regulations (DCMR), or resulting in acute or chronic exposure to aquatic biota or otherwise posing a hazard to public health and safety or the environment.

1813.4 Soil or sediment derived from the construction, maintenance, or abandonment of a well may be placed on the site or stockpiled, provided it meets the following requirements:

1. (a) The soil or sediment is characterized as non-hazardous waste in accordance with § 1813.2(a) and does not pose a hazard to public health and safety and the environment;
2. (b) The soil or sediment contains a concentration of total petroleum hydrocarbons (TPH) of less than one hundred parts per million (100 ppm); and
3. (c) The soil and sediment stockpile or placement complies with the District's

erosion and sediment control requirements in Chapter 5 (Water Quality and Pollution) of Title 21 DCMR.

1813.5 No person shall discharge the following into a separate stormwater sewer or waters of the District without obtaining applicable District and federal permits:- (a) Dewatering effluent;

- (b) Groundwater treatment system effluent;

- (c) Process water; or

- (d) Derived waste.1813.6 A person may include in a well construction work plan request for approval of the placement of fluid waste derived from the construction, maintenance, or abandonment of a well, on the ground surface or in an unlined pit provided:- (a) Representative analytical data indicates compliance with the District Water Quality Standards in Chapter 11 of Title 21 DCMR and all other applicable federal standards or regulations;

- (b) The fluid waste is free of solids;

- (c) The fluid waste does not have an observable sheen or free product;

- (d) The fluid waste is characterized in accordance with § 1813.2(a) and has a total petroleum hydrocarbons (TPH) concentration of less than one part per million (1 ppm); and

- (e) The fluid waste meets the following infiltration requirements:

- (1) Erosion and sediment control requirements in Chapter 5 of Title 21 DCMR;

- (2) Does not create surface ponding;

- (3) Does not discharge onto an adjacent property, a nearby surface water body, or stormwater sewer; and

- (4) Does not create or constitute a public nuisance or a hazard to the public health and safety, and the environment.

Source: Final Rulemaking published at 63 DCR 13424 (October 28, 2016).