Utah Admin. Code R649-9-3 - General Permit and Application Requirements for E and P Recycling Facilities

(1) Applications for new E and P recycling facilities or major modifications shall be submitted to the division and shall include the following:
(a) A business plan describing the products and services to be provided, an outline of the organization and management of the E and P recycling facility and an explanation of the need for the proposed facility or modification to an existing facility;
(b) Names and addresses of each applicant, operator's authorized agent and owner in the E and P recycling facility. For the purposes of this section, interested parties means elected county officials, county regulatory staff, and officials and staff representing state regulatory agencies with permitting authority related to E and P recycling facilities.
(c) A contingency plan designed to minimize any hazards to fresh water, public health and safety, or the environment in the event of an unplanned fire, explosion, or a release of contaminants or E and P products to the air, soil, surface water or groundwater.
(d) A management plan describing all chemical processes, estimated volumes and chemical profiles used in the treatment of E and P products for odor, bacteria control or other treatment needs, and any products generated by these processes;
(e) The method and schedule for disposal of precipitated solids and any other wastes generated by the E and P recycling facility.
(2) Siting requirements for new E and P recycling facilities and major modifications shall include the following:
(a) The E and P recycling facility shall be located on level, stable ground, and an acceptable distance away from any established or intermittent drainage.
(b) A pre-site inspection shall be conducted with the operator to assess site suitability, along with accuracy and completeness of the permit application. The landowner, operator and other interested parties should be invited to attend.
(3) Geologic and hydrological requirements.
(a) The E and P recycling facility may not be located in a geologically or hydrologically unsuitable area.
(b) The applicant shall provide geological and hydrological evidence showing that the proposed E and P recycling facility will not adversely affect existing water quality or major uses of such waters.
(c) Any discharge of produced water, other than for approved recycling use is not permitted, unless the relevant permit and authorization is obtained from the appropriate agency.
(4) Any produced water intake shall be designed, maintained and operated to adequately process the anticipated maximum daily quantity of produced water.
(a) The produced water intake shall be designed with a leak detection system unless determined unnecessary by the division.
(b) Applicants shall submit the procedures for repair should leakage occur.
(5) Applicants shall submit the maximum daily quantity of produced water able to be received.
(a) Applications for E and P recycling facilities that will primarily be for the reuse of produced water shall also include a water analysis from the producing formations tapped by any source wells that includes the concentrations of chlorides and sulfates, pH, total dissolved solids (TDS).
(i) Samples for water analysis of the producing formations may be derived from the water commingled within the operator's pipeline network.
(b) Information regarding any other significant constituents within the produced water may be requested by the division, which information will be kept as business confidential by the division if the applicant requests such information to be protected pursuant to Section 63G-2-309.
(6) The E and P recycling facility shall be designed and constructed so as to prevent run-on and run-off of surface water, up to peak discharge from a 25 year, 24 hour storm.
(7) The E and P recycling facility shall be designed such that intake and discharge of E and P products can only occur when an attendant is on duty, or other security measures are set in place and approved by the division.
(8) Applicants should verify with the Utah Division of Air Quality to determine if an air quality permit is required.
(9) Applicants shall provide at least one background water sample from each perennial surface and subsurface water resource within one-half mile of the E and P recycling facility.
(a) One background water sample taken from each required perennial surface water resource taken upstream of the E and P recycling facility;
(b) One background water sample taken from each required perennial surface water resources taken downstream of the E and P recycling facility;
(c) At least one background water sample taken from the shallowest subsurface groundwater aquifer located beneath the facility; and
(d) Background water samples shall include TDS, pH and specific conductivity.
(10) One-piece exempt tanks are exempt from the permitting requirements under Rule R649-9, but are subject to the following requirements:
(a) The one-piece exempt tank must be approved as part of any approved well pad pursuant to Rule R649-3; and
(b) The one-piece exempt tank shall have secondary containment or berming sufficient to capture 110% of the largest potential release from the one-piece exempt tank, which containment must be located around either the one-piece exempt tank or the well pad upon which the one-piece exempt tank is located.

Notes

Utah Admin. Code R649-9-3
Amended by Utah State Bulletin Number 2025-06, effective 2/26/2025

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