Utah Admin. Code R649-9-4 - Specific Permit, Application, and Operation Requirements Applicable to Long Term Produced Water Recycling Pond Facilities

(1) Long term produced water recycling pond facilities shall be designed, constructed and operated to meet the following specific requirements in addition to Section R649-9-3, General Permit and Application Requirements for E and P Recycling Facilities.

(2) The applicant shall submit a topographic map and drawing of the site, on suitable scale, that identifies all geologic cross sections, side slopes, equipment, secondary containment, test borings, roads, fences, gates, wells and springs, drainage patterns, pipelines, surface area to be disturbed, buildings and chemical storage areas within one-half mile of the site perimeter and location relative to other site facilities. The drawings shall be of professional quality.

(3) Any new long term produced water recycling pond facility, after February 2025, shall be located a minimum of one-half mile from residences or occupied buildings not associated with the facility unless a waiver is signed by the owners of the residences and buildings within one-half mile.

(4) Geologic and hydrological requirements for long term produced water recycling pond facilities or modifications.

(a) The long term produced water recycling pond facility may not be located in a geologically or hydrologically unsuitable area, such as aquifer recharge areas, protection zones for public drinking water sources, flood plains, drainage bottoms, areas on or near faults, within 1,000 feet of a national inventory wetland, water-course or lakebed, where groundwater is less than 50 feet below the lowest elevation at which the operator will place E and P products, or within the area overlying a subsurface mine.

(b) Regional and local geological information shall include bedrock strike and dip, fracture patterns, slope stability, faulting, folding, rockfall, landslides, subsidence or erosion potential, and surface water features that may affect the design and operation of the facility.

(c) Representative analysis of long term produced water recycling pond facility surface and subsurface soils submitted to the division shall include electrical conductivity, exchangeable sodium percentage, sodium adsorption ratio, or other analysis determined necessary by the division for establishing background soil concentrations.

(d) Geologic cross sections submitted to the division shall include depth to shallow ground water, formation names, and type and name of the shallowest fresh water aquifer beneath the proposed site.

(e) If determined necessary by the division, applicants shall submit groundwater analysis of aquifers beneath the proposed site.

(f) If determined necessary by the division, monitoring wells shall be constructed in a manner that will provide the ability to measure or observe the level, quality, quantity, or movement of subsurface water.

(g) If determined necessary by the division, applicants shall submit potentiometric maps of the shallowest aquifers.

(5) Long term produced water recycling pond facility applicants shall submit detailed construction or installation diagrams of ponds, side slopes, liners, pond storage capacity, leak detection systems, dikes or levees, wind fences, piping, water treatment systems, and tanks.

(a) The long term produced water recycling pond facility shall be designed, maintained and operated to separate oil, or floating solids, from produced water before discharge into a pond. The repeated occurrence of unreported oil or solids on the produced water recycling pond surface will result in permit suspension or facility closure, or both.

(6) Applicants should verify with the Division of Water Rights, Dam Safety Section, whether a dam permit is required for their proposed E and P recycling facility. A copy of an approved dam permit for the facility, or documentation exempting the facility from dam regulations, issued by the designated regulating authority must be provided to the division before application approval.

(a) Any construction requirements included in a dam permit will be incorporated into a permit issued by the division for the proposed E and P recycling facility.

(7) Long term produced water recycling pond facility applicants shall submit detailed construction and installation diagrams of unloading facilities and an explanation of the method for controlling and disposing of any liquid hydrocarbon accumulation on the ponds.

(8) Long term produced water recycling pond facilities shall be designed and maintained to meet the following requirements:

(a) Pond size may not exceed 80 acre-feet, unless otherwise approved by the division;

(i) For ponds larger than 80 acre-feet, the division may require installation of additional liners or other monitoring equipment;

(b) Ponds shall be designed to prevent unauthorized surface or subsurface discharge of water;

(c) Ponds shall be designed to include two-foot free-board that is clearly marked at all times; and

(d) Pond levees shall be constructed so that the inside grade of the levee is no steeper than 3:1and the outside grade no steeper than 2:1;

(i) The top of the levee shall have a 2% cross slope toward the pond and be of sufficient width to allow for adequate compaction, as determined by a Utah Licensed Professional Engineer; and

(ii) Vertical height of the levees may not exceed 25% of the total vertical depth of the pond.

(9) Each storage pond in the long term produced water recycling pond facility shall be designed with two synthetic liners, an upper primary and lower secondary liner, with a leak detection system between them. Synthetic liners shall be installed according to the manufacturer's recommendations.

(a) The primary liner shall be constructed with a minimum 60-mil HDPE or equivalent liner approved by the division.

(b) The secondary liner shall be imperious and constructed with a minimum 40-mil HDPE or equivalent liner approved by the division.

(c) The leak detection system between the liners shall be constructed with a HDPE geonet or equivalent liner to provide separation between the primary and secondary liners and to provide for flow of any leaked fluid through the primary liner to the leak detection observation sump.

(d) If rigid materials are used, leak proof expansion joints shall be provided, or the material shall be of sufficient thickness and strength to withstand expansion, contraction and settling movements in the underlying earth, without cracking.

(e) Materials used in lining ponds shall be impervious and resistant to weather, tears and punctures, sunlight, hydrocarbons, aqueous acids, alkalies, salt, fungi, or other substances that might be contained in the produced water.

(f) Applicants shall submit the type, thickness, strength, and life span of the materials to be used for lining the pond and the method of installation.

(g) Applicants shall submit procedures for repair of the liner, should leakage occur.

(10) Long term produced water recycling pond facility applicants shall submit detailed construction or installation diagrams for the leak detection system.

(a) The leak detection design shall include a drainage and collection system placed between the upper and lower liners and sloped so as to facilitate the earliest possible detection of a leak.

(b) The leak detection design shall include a vertical riser on the outside portion of the dike allowing direct visual inspection of the sump from the surface.

(i) The sump shall be at least 18" in diameter and designed to extend a minimum of two feet below the inlet line from the pond, allowing visual detection of any fluid and sampling of fluid.

(ii) Designed with a removable top for the sump riser that will prevent entry of fluids.

(c) Designed with leak detection piping capable of withstanding chemical degradation from E and P products, structural loading from stresses and disturbances from overlying E and P products and cover materials, equipment operation, expansion or contraction, and facilitate clean-out maintenance.

(11) Long term produced water recycling pond facilities shall be operated to separate oil from produced water before discharge into a pond and prevent unauthorized surface discharge of water.

(a) Hydrocarbon accumulation, other than de minimis quantities, on an produced water recycling pond is considered a violation and shall be both reported to the division and removed within 24 hours.

(b) Overspray caused by wind, including foam, outside lined areas are considered a violation and shall be corrected immediately.

(c) Sampling and testing of soils suspected to be contaminated from overspray may be required by the division.

(12) Engineering and design requirements for long term produced water recycling pond facilities and modifications.

(a) The long term produced water recycling pond facility shall be designed and sealed by a Utah Licensed Professional Engineer and inspected by a Utah Licensed Professional Engineer as needed to ensure the facility is constructed in accordance with the approved plans .

(i) A construction certification shall be submitted, by the engineer, before the division issuing an operation permit for the long term produced water recycling pond facility.

(b) The long term produced water recycling pond facility shall be designed, constructed and operated so as to contain liquids and solids in a manner that will protect freshwater, public health and safety, and the environment for the life of the operation.

(i) The long term produced water recycling pond facility shall be designed with secondary containment to capture 110% of the largest potential release in the event of a catastrophic failure. Earthen berms shall be of adequate impermeability and compaction to withstand a tank or pond failure.

(13) Minimum use requirements specific to long term produced water recycling pond facilities:

(a) A long term produced water recycling facility shall be deemed to have ceased recycling operations if:

(i) less than 25% of the water received by the E and P recycling facility is used for an approved recycling purpose within a 12-month period from January 1 to December 31; or

(ii) no water has been accepted for a period of 36 months.

(b) The operator shall report cessation of recycling operations as a recycling facility to the division;

(i) After an operator has reported cessation of recycling operations, or been deemed to have ceased recycling operations by the division, they will have 18 months to close and reclaim the long term produced water recycling pond facility or apply for a waste permit with the Division of Waste Management and Radiation Control. Refer to Section R649-9-13 for facility closure requirements;

(A) The division may make a determination as to whether an operator has ceased recycling operations based upon review of reported volume intake and discharge records;

(B) The division shall allow an operator to postpone closure of the facility if the operator provides evidence that the long term produced water recycle pond facility will be operated for recycling purposes within the next 12 months.

(c) If the operator wants to continue to use the long term produced water recycling pond facility for a purpose other than recycling the operator must obtain the proper permits for the new purpose from the appropriate agency. Applications for new permits shall be submitted to the appropriate agencies within six months of ceasing recycling operations. The division will not release the bonding required by Section R649-9-9 until either the closure requirements of Section R649-9-13 have been met, or a new permit has been approved by another agency with governing authority over any remaining residuals. New permits shall be obtained, or in the process of being issued, before the end of the 18 month closure period or the facility shall be reclaimed. For E and P solid waste disposal, including produced water, the facility will require a permit from the Utah Department of Environmental Quality, Division of Waste Management and Radiation Control, or the agency designed to regulate such facilities; and

(d) The division may allow an operator to recycle produced water through injection into Class II wells in accordance with Section 40-6-5.

Notes

Utah Admin. Code R649-9-4

Amended by Utah State Bulletin Number 2025-06, effective 2/26/2025