Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-37

Sec. 15. (a) New concrete production fluid storage structures shall not be located:

1. (1) within two hundred (200) feet of an existing occupied dwelling, unless written consent is obtained from the owner of the dwelling consenting to the construction and operation of the structure closer than two hundred (200) feet;
2. (2) within two hundred (200) feet of a domestic water well or one thousand (1,000) feet of a public water supply well;
3. (3) within two hundred (200) feet of a stream, lake, pond, or other body of water unless the operator demonstrates that construction standards or topography will prevent any discharge from the concrete storage structure; or

4. (4) within the one hundred (100) year floodplain of any river or stream unless the top of the structure will be at least two (2) feet above the one hundred (100) year flood elevation and:

   1. (A) a permit is obtained for construction within a floodway under IC 14-28-1; or
   2. (B) written confirmation is received from the division of water stating that a permit is not required under IC 14-28-1.

(b) New concrete production fluid storage structures shall be constructed utilizing standard industry practices using formed concrete bottoms and sides and shall be underlain by a drainage system constructed and operated to detect any discharge or release of fluids from the sides or bottom of the structure. The drainage system shall be constructed to allow the monitoring and sampling of fluids present under the structure.

(c) The division director may require the owner or operator of a concrete production fluid storage structure to submit as built plans to demonstrate that the structure has been constructed to meet the requirements of this section.

(d) Fluids accumulating in a drainage system constructed beneath any concrete production fluid storage structure shall be sampled quarterly by the owner of the structure and analyzed for chlorides and total dissolved solids by an independent laboratory. A copy of the results of the sampling and analysis shall be maintained at the facility offices for review by the division of reclamation. Unless other parameters are approved by the division director, if:

1. (1) the chlorides are greater than five hundred (500) milligrams per liter; or
2. (2) total dissolved solids are greater than seven hundred fifty (750) milligrams per liter;

the division of reclamation shall be notified within five (5) days and the concrete production fluid storage structure shall be drained, inspected, and repaired according to the requirements of subsection (g) before being returned to service.

(e) An out of service inspection shall be performed on all concrete production fluid storage structures according to the following requirements:

1. (1) For existing concrete structures not constructed with a subsurface drainage system to monitor and detect the discharge or release of fluids from the structure, an initial inspection shall be performed within twelve (12) months after the effective date of this article, and every five (5) years thereafter.
2. (2) For concrete structures constructed with a subsurface drainage system to monitor and detect the discharge or release of fluids from the structure, an inspection shall be performed within thirty (30) days following the receipt of sampling data from a subsurface drainage system under subsection (d) showing elevated chloride or total dissolved solids levels.

3. (3) The following are required actions to be taken each time an inspection is conducted of a concrete structure under this subsection:

   1. (A) The structure shall be taken out of service and drained of all contents.
   2. (B) Where oily solids or other debris are present that would interfere with the visual inspection of the concrete surface, power washing shall be performed to remove such deposits.
   3. (C) The owner of the structure shall notify the division inspector at least five (5) days in advance of performing the visual inspection so that the inspector may be present to witness the inspection.
   4. (D) All interior surfaces of the concrete structure shall be visually examined to determine the presence of cracks, holes, crevices, or other visible indications of potential leakage.
   5. (E) Repairs shall be made to all areas of potential leakage identified by the visual inspection, and the repairs shall be inspected by the division inspector before returning the structure to service.
   6. (F) A report showing the results of the inspection and any remedial repairs shall be submitted to the division of reclamation within thirty (30) days after performing the inspection and making any repairs.

(f) Puncturing or perforating the sides or bottom of any concrete production fluid storage structure is prohibited except as required upon abandonment of the structure under section 16 of this rule.

(g) Concrete production fluid storage structures shall be maintained with at least two (2) feet of freeboard from the top of the structure to prevent the unintentional discharge of wastes or fluids from the structure.

(h) Surface water drainage shall be diverted away from all concrete storage structures.

(i) The discharge of any fluids from a concrete storage structure is prohibited. All fluids shall be managed for disposal as required by 312 IAC 29-31-2.

(j) Unless the top of a concrete storage structure is completely covered with a concrete cover or other secure covering, security fencing shall be installed around each concrete production fluid storage structure to prevent unauthorized access.

(k) Each concrete storage structure shall have a legible sign posted in a conspicuous place on or near the structure. The sign shall be a size and shape that is easily read from a distance of twenty (20) feet showing the following information:

1. (1) The owner or operator name.
2. (2) The name of the lease or production unit.
3. (3) The registration number for the structure assigned by the division of reclamation.
4. (4) An emergency telephone number.

(l) Concrete production fluid storage structures that are not constructed, operated, or maintained in accordance with this article shall be taken out of service and abandoned according to the requirements of section 20 of this rule.

(Natural Resources Commission; 312 IAC 29-25-15; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA; errata filed Mar 18, 2026, 9:59 a.m.: 20260325-IR-312260094ACA)