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

Affected: IC 14-28-1; IC 14-37

Sec. 19. (a) The use of production fluid storage pits that have not been constructed or modified to meet the requirements of this section is prohibited. Within one hundred eighty (180) days after the effective date of this article, existing production fluid storage pits not meeting the requirements of this section shall be taken out of service and abandoned according to the requirements of section 20 of this rule unless:

1. (1) a plan for modification of the pit has been filed with the division of reclamation in accordance with section 17(e) of this rule; and
2. (2) the plan has not yet been approved by the division of reclamation.

(b) New production fluid storage pits shall not be located:

1. (1) within two hundred (200) feet of an occupied dwelling, unless written consent is obtained from the owner of the dwelling consenting to the construction and operation of the pit 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 pit; or

4. (4) within the one hundred (100) year floodplain of any river or stream unless the top of the pit 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.

(c) Production fluid storage pits shall be constructed utilizing standard industry practices and lined with a synthetic liner that is compatible with the produced fluid and that is at least thirty (30) mils in thickness, with a four (4) inch welded seam overlap where the use of a continuous liner is not practical. The liner shall be installed to completely cover the pit bottom and side walls.

(d) The synthetic liner of each production fluid storage pit 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 pit. The drainage system shall be constructed to allow the monitoring and sampling of fluids present under the pit.

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

(f) Fluids accumulating in a drainage system constructed beneath any production fluid storage pit shall be sampled quarterly by the owner of the pit 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 upon request. Unless other parameters are authorized 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.

(g) Production fluid storage pits shall be maintained with at least two (2) feet of freeboard from the top of the pit to prevent the accidental discharge of wastes or fluids from the pit.

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

(i) Puncturing or perforating the synthetic liner is prohibited.

(j) Upon receipt of sampling data from the underlying drainage system under subsection (f), showing elevated chloride or total dissolved solids levels, the owner or operator shall do the following:

1. (1) Notify the division inspector at least five (5) days in advance of performing an inspection so that the inspector may be present to witness the inspection.
2. (2) Drain the pit of all contents and conduct an inspection to determine the integrity of the liner.
3. (3) Repair any cracks, holes, or other visible indications of a loss of liner integrity or replace the damaged sections of the liner according to the specifications of the liner manufacturer before returning the pit to service.
4. (4) Submit a report showing the results of the inspection and any remedial repairs or liner replacement to the division of reclamation within thirty (30) days following the inspection and performing any liner repair or replacement operations.

(k) Security fencing shall be installed around each production fluid storage pit to prevent unauthorized access.

(l) Each production fluid storage pit shall have a legible sign posted in a conspicuous place on or near the pit. 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 pit assigned by the division of reclamation.
4. (4) An emergency telephone number.

(m) Production fluid storage pits 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 29-25-19; 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)