U.S.

FISH & WILDLIFE SERVICE

REGION 6

ENVIRONMENTAL CONTAMINANTS PROGRAM

Reserve Pit Management:

Risks to Migratory Birds
By Pedro Ramirez, Jr., Environmental Contaminants Specialist
U.S. Fish and Wildlife Service
Cheyenne, Wyoming

September 2009

1
 Executive Summary
This document is intended to help U.S. Fish and Wildlife Service (Service) employees
and other natural resource managers understand reserve pits, their uses, associated
mortality risk to birds and other wildlife, and alternatives to the use of reserve pits in
drilling for oil and gas. The information is provided to help Service employees in the
review of oil and gas development projects and development of recommendations to
prevent or minimize impacts to Service trust resources such as migratory birds, federally-
listed threatened and endangered species, and National Wildlife Refuge system lands.
The document also provides a summary of state and federal oil and gas rules that relate to
reserve pits.

Earthen pits, also known as reserve pits, excavated adjacent to drilling rigs are commonly
used for the disposal of drilling muds and well cuttings in natural gas or oil fields. The
contents of reserve pits depend on the type of drilling mud used, the formation drilled,
and other chemicals added to the mud circulation system during the drilling process. If
the reserve pit contains oil or oil-based products (i.e., oil-based drilling fluids), the pit can
entrap and kill migratory birds and other wildlife. During the drilling process, reserve
pits probably do not attract aquatic migratory birds such as waterfowl due to human
activity and noise. However, once the drilling rig and other equipment are removed from
the well pad, the reserve pit is attractive to birds and other wildlife. Birds are attracted to
reserve pits by mistaking them for bodies of water. Insects entrapped in reserve pit fluids
also attract songbirds, bats, amphibians, and small mammals. The sticky nature of oil
entraps birds in the pits and they die from exposure and exhaustion. Birds and other
wildlife can also fall into oil-covered reserve pits when they approach the pit to drink.

Following well completion, reserve pits are often left in place after the drilling rig and
other equipment are removed from the site. Reserve pit fluids are allowed to dry and the
remaining solids are encapsulated with the reserve pit synthetic liner and buried in place.
Depending on state regulations, oil operators are allowed from 30 days to one year after
well completion to close a reserve pit. The longer the reserve pit is left on site, the greater
the probability that aquatic birds will land on the pit. If the reserve pit contains oil,
condensates, or other hydrocarbons or hydraulic fracturing fluids, the risk of bird
mortality is very high. Hydraulic fracturing fluids can contain chemicals that may be
harmful to birds (e.g., surfactants, hydrochloric acid, caustic potash, and diesel fuel).

Bird and other wildlife mortality in reserve pits is preventable. Several states recommend
or require netting or screening of reserve pits containing oil to prevent access by wildlife.
Immediate removal of the drilling fluids after well completion is the key to preventing
wildlife mortality in reserve pits. An alternative to the use of earthen reserve pits is
closed-loop drilling systems using steel tanks to hold the drilling muds and cuttings.
Other options to dispose of drilling wastes include: downhole injection; solidification and
burial; or treatment and reuse.

i
 Table of Contents
Page
List of Figures and Tables ................................................................................................. iii
Introduction..........................................................................................................................1
Contaminants in Reserve Pits ..............................................................................................4
Disposal of Drilling Wastes.................................................................................................5
On-site Disposal and Burial of Reserve Pit Wastes.................................................... 6
Solidification of Drilling Wastes ................................................................................ 6
Pitless or Closed Loop Drilling................................................................................... 6
Treatment and Reuse of Drilling Fluids...................................................................... 6
Down-hole Disposal of Drilling Fluids ...................................................................... 9
Threats to Migratory Birds ..................................................................................................9
Prevention of Bird Mortality in Reserve Pits ....................................................................13
Literature Cited..................................................................................................................16
Appendix A........................................................................................................................18

ii
 List of Figures and Tables
Page
Figure 1. Reserve pit adjacent to a drilling rig near La Barge, Wyoming......................... 1

Figure 2. Rotary drilling rig diagram with reserve pit (mud pit). ...................................... 2

Figure 3. Reserve pit at a completed well site near Parachute, Colorado.......................... 3

Figure 4. Reserve pit after fluids have evaporated. ........................................................... 3

Figure 5. On-site burial of reserve pit wastes, Carbon County, Wyoming........................ 4

Figure 6. Reserve pit with torn synthetic liner................................................................... 5

Figure 7. Closed-loop or pitless drilling site with synthetically-lined pad for temporary
storage of drill cuttings. ...................................................................................................... 7

Figure 8. Trench used for burial of drill cuttings from closed-loop drilling. Sheens are
visible on the water surface................................................................................................. 7

Figure 9. Ponding of snowmelt and rainfall in trench used for the disposal of drill cuttings
from closed-loop (pitless) drilling system. ......................................................................... 8

Figure 10. Treatment facility at the Jonah Gas Field, Sublette County, Wyoming used to
separate condensate, methanol, brine, and water from drilling fluids. ............................... 8

Figure 11. Reserve pit with visible sheen on surface. Sheens on the fluid surface can be
lethal to birds landing on reserve pits. .............................................................................. 10

Figure 12. Reserve pit in Carbon County, Wyoming, site of a large waterfowl mortality
incident (77 bird carcasses recovered).............................................................................. 11

Figure 13. Duck carcass (lower center) in a reserve pit. .................................................. 11

Figure 14. Songbird in a reserve pit in North Dakota. .................................................... 12

Figure 15. States with oil and gas regulations recommending or requiring netting or
screening of pits or open tanks to prevent the mortality of migratory birds and other
wildlife. ............................................................................................................................. 13

Figure 16. Maximum number of days allowed for the closure of reserve pits following
well completion................................................................................................................. 15

Table 1. Bird species recovered from reserve pits in Colorado, Montana, North Dakota,
and Wyoming……………………………………………………………………………12

Table 2. States with specific time frames for reserve pit closure……………………….15

iii
 Introduction

Earthen pits excavated adjacent to drilling rigs are commonly used for the disposal of
drilling muds and well cuttings in oil and gas fields (Figure 1). These pits are referred to
as reserve pits. The contents of reserve pits depend on the type of drilling mud used, the
formation drilled, and other chemicals added to the mud circulation system during the
drilling process.

Figure 1. Reserve pit adjacent to a drilling rig near La Barge, Wyoming.

(USFWS Photo by P. Ramirez)

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Reserve pit size depends on well depth. The average reserve pit volume for wells less
than 4,000 feet in depth is approximately 3,600 barrels (bbls) and for wells greater than
15,000 feet in depth is more than 15,000 bbls ( USOTA 1992). Reserve pits in the
Pinedale Anticline and Jonah natural gas fields in Wyoming average 0.6 acres in size
(approximately 120 by 200 feet). Reserve pits in the natural gas fields near Wamsutter,
Wyoming average 0.3 acres in size (approximately 85 by 140 feet).

Drilling fluids or muds consist of a base fluid or carrier (water, diesel, mineral oil, or a
synthetic compound), weighting agents (typically barium sulfate or barite), and bentonite
clay to remove the cuttings from the well and line the walls of the hole (Figure 2).
Drilling fluid also contains lignosulfonates and lignites to keep the mud in a fluid state.
Water-based muds are typically used in drilling due to their lower cost. Oil-based muds
are used in wells drilled in reactive shales, deep wells, and horizontal and extended-reach
wells, where drilling is more difficult and water-based muds do not perform as well.
Synthetic-based muds use nonaqueous fluids (other than oils) as their base and include
internal olefins, esters, linear alpha-olefins, poly alpha-olefins, and linear paraffins.
Synthetic-based muds have drilling properties similar to those of oil-based muds but do
not have polynuclear aromatic hydrocarbons (PAHs), are less toxic, biodegrade faster,
and have a lower bioaccumulation potential.

Figure 2. Rotary drilling rig diagram with reserve pit (mud pit).

2
Following well completion, reserve pits are left in place after the drilling rig and other
equipment are removed from the site (Figure 3). Reserve pit fluids are allowed to dry
(Figure 4) and the remaining solids are encapsulated with the reserve pit synthetic liner
and buried in place (Figure 5).

Figure 3. Reserve pit at a completed well site near Parachute, Colorado.

(USFWS Photo by P. Ramirez)

Figure 4. Reserve pit after fluids have evaporated. (USFWS Photo by P. Ramirez)

3
Figure 5. On-site burial of reserve pit wastes, Carbon County, Wyoming.

Contaminants in Reserve Pits

Reserve pits can contaminate soil, groundwater, and surface water with metals and
hydrocarbons if not managed and closed properly. As reserve pit fluids evaporate, water-
soluble metals, salts, and other chemicals become concentrated. Precipitation, changes in
shallow groundwater levels, and flooding can mobilize these contaminants into adjacent
soils and groundwater. Liners most often do not adequately seal the drilling wastes,
especially if they are torn (Figure 6). Beal et. al. (1987) documented the migration of
leachate 400 feet from reserve pits buried in 1959 in north-central North Dakota and
reported groundwater contamination 50 feet below the buried reserve pits. Migration of
salts from buried drilling wastes from unlined reserve pits has been documented in U.S.
Fish and Wildlife Service (Service) managed Waterfowl Production Areas in northeastern
Montana and northwestern North Dakota (K. Nelson, U.S. Fish & Wildlife Service, pers.
com., Dec. 10, 2008). Caustic soda, rig wash, diesel fuel, waste oil from machinery, and
other refuse could be placed in reserve pits either deliberately or inadvertently. Reis
(1996) states that “improper reserve pit management practices have created sources of
benzene, lead, arsenic, and fluoride, even when these contaminants were not detected or
were not present in the drilling mud system.” Water-based drilling muds can contain
glycols, chromium, zinc, polypropylene glycol, and acrylamide copolymers (Fink 2003).
Synthetic-based muds contain mineral oil and oil-based muds can contain diesel oil,
although diesel oil is being replaced by a palm oil derivative or hydrated caster oil (Fink
2003).

Other additives typically used in drilling fluids include: polymers (partially hydrolyzed
polyacrylamide (PHPA) and polyanionic cellulose (PAC)); drilling detergents; and
sodium carbonate (soda ash) (Papp 2001). PHPA is used to increase viscosity of fluid and
inhibit clay and shale from swelling and sticking. PAC is used to increase the stability of
the borehole in unconsolidated formations. Drilling detergents or surfactants are used
4
with bentonite drilling fluids to decrease the surface tension of the drill cuttings. Soda ash
is used to raise the pH of the water and precipitate calcium out of the water.

Figure 6. Reserve pit with torn synthetic liner. (USFWS Photo by P. Ramirez)

Disposal of Drilling Wastes

The most recent data on drilling waste disposal by the American Petroleum Institute
(API) (2000) shows the oil industry used reserve pits in 68 percent of the oil and
conventional natural gas wells drilled in 1995 and closed loop drilling systems in 25
percent of the wells. An estimated 92 percent of onshore drilling wastes were derived
from freshwater based mud systems, compared to 64 percent of drilling wastes in 1985.
In 1995, 68 percent of drilling wastes were disposed onsite through evaporation and
burial. Approximately 1.2 bbls of drilling waste are produced per foot of well depth
drilled (API 2000). In 1995, an estimated 148 million bbls of drilling waste were
produced. According to the U.S. Energy Information Administration, a total of 335
million feet were drilled in the exploration and development of oil and natural gas in
2008 (EIA 2009). Assuming the drilling of those wells resulted in an average of 1.2 bbls
of drilling waste per foot of well depth drilled; approximately 402 million bbls of drilling
waste were produced in 2008.

5
 On-site Disposal and Burial of Reserve Pit Wastes

On-site disposal and burial involves allowing reserve pit fluids to dry and encapsulating
the remaining solids with the reserve pit synthetic liner and burying the wastes in place.
Depending on state regulations, oil operators are allowed from 30 days to one year after
well completion to close a reserve pit. Assuming that 68 percent of the drilling wastes
are currently disposed onsite through evaporation and burial, an estimated 273 million
bbls of drilling wastes were disposed onsite in 2008.

Solidification of Drilling Wastes

If reserve pits must be used, cost-effective technology exists to solidify pit fluids
immediately following well completion. Solidification can add to the waste volume but
prevents mobilization of potential contaminants into the soil and/or groundwater (EPA
2000). Solidification involves the removal of the free liquid fraction of reserve pit fluids
and then adding solidifiers such as commercial cement, fly ash, or lime kiln dust.
Removal and off-site disposal of liquids removes most of the water soluble metals, salts,
and chemicals from the drilling waste material.

Pitless or Closed Loop Drilling

Pitless drilling or closed-loop drilling reduces the amount of drilling waste, recycles
drilling fluids, and reduces drilling costs (Rogers et. al. 2006a and b). Pitless drilling can
reduce the volume of waste by 60 to 70 percent (Rogers et. al. 2006b). Pitless drilling
also conserves water and prevents soil contamination.

Pitless drilling systems are equipped with a “chemically-enhanced” centrifuge that

separates drilling mud liquids from solids (Rogers et. al. 2006b). The separated drilling
mud solids are stored in a steel tank and then transferred to a synthetically-lined clay pad
for drying (Figure 7). The pads are designed to prevent the runoff of any liquids. The
drill cuttings are either buried on site or are transferred to an approved commercial
disposal facility for disposal (Rogers et. al. 2006b). The drill cuttings can create
environmental problems and pose a risk to wildlife if the trench or excavated burial pit
collects water from snowmelt or rainfall. Ponded water in the trench or burial pit may
become contaminated with hydrocarbons present in the drill cuttings. Immediate burial of
drill cuttings and contouring of the site should prevent the ponding of snowmelt or
rainwater. Sheens, oil, and sludges in the disposal pit will pose a risk to migratory birds
and other wildlife (Figures 8 and 9). Additionally, if the pits are not lined, soil and
groundwater contamination can occur if the drill cuttings contain leachable
concentrations of hydrocarbons and metals.

Treatment and Reuse of Drilling Fluids

Operators in the Jonah natural gas field in southwestern Wyoming are currently using
new technology to treat and reuse drilling fluids (Figure 10). Drilling fluids are treated
using a patented combination of fluid and thermal dynamics to remove oil and salts. The
treatment separates the drilling fluid into fresh water, heavy brine, condensate, and
methanol. The condensate is recovered and sold. The methanol and brine are reused in
drilling fluids. The fresh water is either reused at other drilling locations or is used for
the benefit of livestock or wildlife.
6
Figure 7. Closed-loop or pitless drilling site with synthetically-lined pad for
temporary storage of drill cuttings.

Figure 8. Trench used for burial of drill cuttings from closed-loop drilling.
Sheens are visible on the water surface. (USFWS Photo by P. Ramirez)

7
Figure 9. Ponding of snowmelt and rainfall in trench used for the disposal of drill
cuttings from closed-loop (pitless) drilling system.

Figure 10. Treatment facility at the Jonah Gas Field, Sublette County, Wyoming
used to separate condensate, methanol, brine, and water from drilling fluids.
(USFWS Photo by P. Ramirez)

8
 Down-hole Disposal of Drilling Fluids
Oil operators in Alaska inject the drill cuttings underground after the solids are finely
ground and mixed with a liquid to form a slurry (Veil and Dusseault 2003). This disposal
technique is typically used in conjunction with pitless drilling. Open earthen reserve pits
are not used to temporarily store the drilling fluids. The elimination of open pits
removes the mortality threat to migratory birds and other wildlife. Slurry injection of
drilling wastes also poses less environmental impacts when properly managed and
monitored as the wastes are disposed deep underground and isolated from aquifers (Veil
and Dusseault 2003).

Threats to Migratory Birds

Reserve pits containing oil or oil-based products (i.e. oil-based drilling fluids) can entrap
and kill migratory birds and other wildlife. Birds, including hawks, owls, waterfowl, and
songbirds, are attracted to reserve pits by mistaking them for bodies of water. Reserve
pits also attract other wildlife such as insects, bats, small mammals, amphibians, and big
game. Wildlife can fall into oil-covered reserve pits while attempting to drink along the
pits’ steep sideslopes. The steep, synthetically-lined pit walls make it almost impossible
for entrapped wildlife to escape. Insects entrapped in the oil can also attract songbirds,
bats, amphibians, and small mammals. The struggling birds or small mammals in turn
attract hawks and owls to the oil-covered pit. The sticky nature of oil entraps birds in the
reserve pits and they die from exposure and exhaustion. Birds that do manage to escape
die from starvation, exposure or the toxic effects of oil ingested during preening. Birds
ingesting sublethal doses of oil can experience impaired reproduction. Cold stress can kill
the animal if oil damages the insulation provided by feathers or fur. Animals not killed in
the reserve pits can suffer ill effects later from contact with the oil and chemicals in the
pits. If they absorb or ingest oil in less than acutely lethal amounts they may suffer a
variety of systemic effects and may become more susceptible to disease and predation.
During the breeding season, birds can transfer oil from their feet and feathers to their
eggs. In some cases, a few drops of oil on an egg shell can kill the embryo (King and
LeFever 1979).

Service law enforcement agents and environmental contaminants specialists have

documented bird mortality in reserve pits in Colorado, Montana, North Dakota, Utah, and
Wyoming. The presence of small amounts of hydrocarbons, such as diesel, and
condensate, can create sheens on the reserve pit fluid. The presence of visible sheens on
reserve pit fluids is just as deadly to birds that come into contact with them (Figure 11). A
light sheen will coat the bird’s feathers with a thin film of oil. Although light oiling on a
bird may not immediately immobilize the bird, it will compromise the feathers’ ability to
insulate the bird. Furthermore, the affected bird will ingest the oil when it preens its
feathers and suffer acute or chronic effects.

Well stimulation chemicals, such as corrosion inhibitors and surfactants, disposed into
reserve pits, pose additional risk to migratory birds. Surfactants reduce the surface
tension of water; thus, allowing water to penetrate through feathers and onto skin. This
compromises the insulation properties of the feathers and subjects the bird to
hypothermia (Stephenson 1997). Furthermore, loss of water repellency in feathers due to
reductions in surface tension will cause the bird to become water logged.

9
Figure 11. Reserve pit with visible sheen on surface. Sheens on the fluid surface can
be lethal to birds landing on reserve pits. (USFWS Photo by P. Ramirez)

Loss of buoyancy will cause the bird to drown. Stephenson (1997) reports that water
surface tension reduced to approximately 38 to 50 mNm-1 will cause feather wetting in
adult waterfowl and could result in potential mortality. The unit mNm-1 is defined as
microNewtons per meter, the force necessary to break a film of a given length. Pure
water has a surface tension of approximately 72 mNm-1. Storage of hydraulic fracturing
(frac) fluids in reserve pits can present a risk to migratory birds if the frac fluids contain
hydrocarbons or surfactants.

During the drilling process, human activity and noise discourage aquatic migratory birds
such as waterfowl from accessing reserve pits. However, once the drilling rig and other
equipment are removed from the well pad, the reserve pit is attractive to birds and other
wildlife. The longer the reserve pit is left on site, the greater the probability that aquatic
birds will land on the pit. If the reserve pit contains oil, condensates, or other
hydrocarbons or surfactants, the risk of bird mortality is very high. Mortality events are
episodic in reserve pits. Total bird carcasses recovered from individual reserve pits range
from a few birds to large mortality incidents involving many birds. The largest mortality
incident in Wyoming occurred at a reserve pit in Carbon County where Service personnel
recovered 77 birds, primarily puddle ducks, between July 2008 and September 2008
(Figure 12 and 13). The pit remained at the well site for over a year and contained oil
and sludges on the surface.

Bird carcasses recovered from reserve pits in Colorado, Montana, North Dakota, and
Wyoming include passerine songbirds, raptors, shorebirds and waterfowl (Table 1 and
Figure 14). Service personnel have observed songbirds landing at the edges of reserve
pits and drinking water from pits.

10
Figure 12. Reserve pit in Carbon County, Wyoming, site of a large waterfowl
mortality incident (77 bird carcasses recovered). (USFWS Photo by P. Ramirez)

Figure 13. Duck carcass (lower center) in a reserve pit. (USFWS Photo by P. Ramirez)

11
Table 1. Bird species recovered from reserve pits in Colorado, Montana, North Dakota,
and Wyoming.
Waterfowl Passerine Birds
Mallard Anas platyrhynchos Eastern Kingbird Tyrannus tyrannus
Blue-winged Teal Anas discors Horned Lark Eremophila alpestris
Green-winged Teal Anas crecca Barn Swallow Hirundo rustica
Northern Shoveler Anas clypeata Gray Catbird Dumetella carolinensis
Common Goldeneye Bucephala clangula Vesper Sparrow Pooecetes gramineus
Gadwall Anas strepera Lark Sparrow Chondestes grammacus
Song Sparrow Melospiza melodia
Other Aquatic Birds Dark-eyed Junco Junco hyemalis
Grebe Red-winged Blackbird Agelaius phoeniceus
White-faced Ibis Eudocimus albus Brewer's Blackbird Euphagus cyanocephalus
Brown-headed Cowbird Molothrus ater
Raptors Common Grackle Quiscalus quiscula
Great Horned Owl Bubo virginianus
American Kestrel Falco sparverius

Figure 14. Songbird in a reserve pit in North Dakota. (USFWS Photo by P. Ramirez)

12
 Prevention of Bird Mortality in Reserve Pits

Bird and other wildlife mortality in reserve pits is preventable. Several states regulations
address or recommend the netting or screening of reserve pits containing oil to prevent
access by birds and other wildlife (Figure 15). However, enforcement is inconsistent.
Immediate removal of the drilling fluids after well completion is the key to preventing
wildlife mortality in reserve pits. The best options are to eliminate the use of open
reserve pits and use closed-loop drilling systems or downhole disposal of drill cuttings.
Care is still required with closed-loop systems to prevent ponding of water in the solids
disposal trenches.

Figure 15. States with oil and gas regulations recommending or requiring netting or
screening of pits or open tanks to prevent the mortality of migratory birds and other
wildlife.

13
 State and Federal Reserve Pit Regulations

The use of reserve pits for the storage of drilling fluids is regulated by state oil and gas
regulatory agencies in private and state-owned mineral estates and by the U.S. Bureau of
Land Management (BLM) in federal and tribally-owned mineral estates. Reserve pit
construction requirements vary from state to state but generally, the regulations are
designed to protect surface and groundwater from contamination.

The BLM requires operators to construct reserve pits at least 50 percent below ground
level to prevent pit dike failure. The BLM also restricts the construction of reserve pits in
areas with shallow groundwater and requires 2 feet of freeboard on reserve pits.

The BLM provides the following standard operating procedures and guidelines for
reserve pits in their Gold Book (US DOI 2006).

Reserve pits should be appropriately fenced to prevent access by persons,

wildlife, or livestock. During drilling in active livestock areas, the reserve
pit must be fenced with an exclosure fence on three sides and then fenced
on the fourth side once drilling has been completed. Refer to Figure 1 for
recommended fence construction standards in active livestock areas. In
areas where livestock will not be present, other types of fences may be
appropriate. The fence should remain in place until pit reclamation
begins. After cessation of drilling and completion operations, any visible
or measurable layer of oil must be removed from the surface of the reserve
pit and the pit kept free of oil. In some situations and locations,
precautions, such as netting, may be required in order to prevent access
and mortality of birds and other animals.

The BLM’s Onshore Oil and Gas Order No. 7 Disposal of Produced Water also
requires fencing and other enclosures to prevent access by livestock, wildlife, and
unauthorized personnel:

E. Design requirements for pits. c. The pit shall be fenced or enclosed to

prevent access by livestock, wildlife, and unauthorized personnel. If
necessary, the pit shall be equipped to deter entry by birds. Fences shall
not be constructed on the levees.

After the well is completed, reserve pits are left in place after the drilling rig and other
equipment are removed from the site. Operators typically have up to one year to allow
the reserve pit fluids to dry and close the pit. Alabama, Kentucky, and Tennessee allow
only 30 days for reserve pit closure while several states allow up to one year (Table 2 and
Figure 16).

14
Table 2. States with specific time frames for reserve pit closure.
Pit
Pit Closure
State Closure State
(in days)
(in days)*
Alabama 30 Pennsylvania 270
Kentucky 30 Kansas 365
Tennessee 30 Montana 365
New York 45 Nebraska 365
Mississippi 90 North Dakota 365
Ohio 150 Oregon 365
South
Arkansas 180 Dakota 365
Illinois 180 Utah 365
Louisiana 180 Wyoming 365
Michigan 180 Texas 30 to 365
New Mexico 180 Colorado 90 to 180
West Virginia 180 Oklahoma 90 to 365
* Indiana and Virginia require immediate closure of reserve
pits after well completion.

Figure 16. Maximum number of days allowed for the closure of reserve pits
following well completion.

Oil operators in Alaska do not use open earthen pits for the disposal and or temporary
storage of drilling fluids. The drill cuttings are injected underground. California does not
specify a time limit for reserve pit closure; however, the performance bond is not released
until the site is reclaimed (including reserve pit closure) (Rob Hauser, California Division
15
of Oil, Gas and Geothermal Resources, pers. com., January 12, 2009). The performance
bond release serves as an incentive to close the reserve pit and restore the site as soon as
possible. The Maryland Department of the Environment does not specify a time limit for
the closure of reserve pits; however, their policy recommends pit closure within 30 days
of well completion (Mollie Edsall, Senior Geologist, Maryland Department of the
Environment, pers. com., January 14, 2009).

Acknowledgements: Thanks are extended to Roy Brown, Tim Eicher, Kevin Ellis,
Richard Grosz, and Ron Armstrong of the U.S. Fish and Wildlife Service for providing
data on bird mortality in reserve pits. Thanks are also extended to Pat O’Dell,
Petroleum Engineer, U.S. National Park Service, Scott Covington, Scott Hicks, John
Isanhart and Kevin Johnson, U.S. Fish and Wildlife Service for reviewing this
manuscript.

Literature Cited

American Petroleum Institute. 2000. Overview of exploration and production waste

volumes and waste management practices in the United States. URL
http://www.api.org/aboutoilgas/sectors/explore/waste-management.cfm

Beal, W.A., E.C. Murphy and A.E. Kehew. 1987. Migration of contaminants from
buried oil-and-gas drilling fluids within glacial sediments of north-central North
Dakota. Report of Investigation No. 86. North Dakota Geological Survey. Grand
Forks, ND. 43 pp.

EIA (Energy Information Administration). 2009. Footage drilled for crude oil and
natural gas wells. URL
http://tonto.eia.doe.gov/dnav/ng/ng_enr_wellfoot_s1_a.htm

EPA (U.S. Environmental Protection Agency). 2000. Profile of the Oil and Gas
Extraction Industry. EPA/310-R-99-006. Office of Compliance, Office of
Enforcement and Compliance Assurance. Washington, DC 153 pp.

Fink, J.K. 2003. Oil field chemicals. Gulf Professional Publishing. New York. 495 pp.

King, K. and C.A. LeFever. 1979. Effects of oil transferred from incubating gulls to their
eggs. Marine Poll. Bull. 10:319-321.

Papp, J. 2001. Water-based drilling fluids. National Driller. May 31. URL
http://www.nationaldriller.com/Articles/Cover_Story/14287fb054197010VgnVC
M100000f932a8c0

Reis, J.C. 1996. Environmental control in petroleum engineering. Gulf Publishing Co.,
Houston, Texas. p. 35.

Rogers D., G. Fout and W. A. Piper. 2006a. New innovative process allows drilling
without pits in New Mexico. The 13th International Petroleum Environmental
Conference, San Antonio, Texas, Oct. 17 – 20.

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Rogers, D.; D. Smith; G. Fout; and W. Marchbanks. 2006b. Closed-loop drilling system:
A viable alternative to reserve waste pits. World Oil Magazine 227(12): Online:
http://www.worldoil.com/magazine/MAGAZINE_DETAIL.asp?ART_ID=3053&
MONTH_YEAR=Dec-2006

Stephenson, R. 1997. Effects of oil and other surface-active organic pollutants on

aquatic birds. Environmental Conservation 24(2):121-129

USOTA (U.S. Congress, Office of Technology Assessment. 1992. Managing industrial

solid wastes from manufacturing, mining, oil and gas production, and utility coal
combustion-background paper. OTA-BP-O-82. Washington, D.C. pp 67 – 87.

U.S. Department of the Interior. 2006. Gold Book - United States Department of the
Interior and United States Department of Agriculture. 2006. Surface Operating
Standards and Guidelines for Oil and Gas Exploration and Development.
BLM/WO/ST-06/021+3071. Bureau of Land Management. Denver, Colorado. 84
pp.

Veil, J.A. and M.B. Dusseault. 2003. Evaluation of Slurry Injection Technology for
Management of Drilling Wastes. Argonne Nat. Lab. U.S. Dept. Energy. National
Petroleum Technology Office, Contract W-31-109-Eng-38. Online:
http://www.ead.anl.gov/pub/doc/si-tech-report-1584.pdf

17
 Appendix A
State Rules and Regulations Pertaining To Reserve Pits

Alaska
20 AAC 25.047. Reserve pits and tankage
(a) Before a person commences drilling a well, a reserve pit must be constructed or
tankage installed for the reception and confinement of drilling fluids and cuttings, to
facilitate the safety of the drilling operation, and to prevent contamination of freshwater
and damage to the surface environment. The confining surface of a reserve pit must be
impervious. If practical, confinement diking in construction of a reserve pit must be
avoided. If confinement dikes are necessary, they must be kept to a minimum. Dikes
must be constructed and maintained to ensure their confinement integrity.

(b) Upon completion, suspension, or abandonment of the well, the operator shall proceed
with diligence to leave the reserve pit in a condition that does not constitute a hazard to
freshwater.

20 AAC 25.528. Open pit storage of oil

An operator may not, except during an emergency, store or retain crude oil in an open
earthen confinement or in an open receptacle.

http://www.aogcc.alaska.gov/Regulations/RegIndex.shtml

Arkansas
RULE B-26 (j) (4) (E) - If the Director determines, based on a review of the information
submitted by the operator and surface owner, the pit is not exempted, the pit shall be
closed, within six (6) months.

RULE B-26 (c) (8) -All open top tanks shall be covered with bird netting, or other system
designed to keep birds and flying mammals from landing in the tank.

http://www.aogc.state.ar.us/OnlineData/Forms/Rules%20and%20Regulations.pdf

Arizona
R12-7-108. Pit for Drilling Mud and Drill Cuttings - D. Any mud contained in an
earthen pit shall be water-based and contain no more than one pound per barrel of thinner
for each 25 pounds per barrel of barite or hematite. Mud containing chromium
lignosulfonate, ferrochrome lignosulfonate or other chromium compounds shall not be
used.

E. Drilling mud shall be disposed of by either recycling or commercial off-site disposal.

Mud described in subsection (D) may be disposed of by evaporation and subsequent
leveling of the pits.

http://www.azsos.gov/public_services/Title_12/12-07.pdf

18
California
1770. Oilfield Sumps. – (b) (3) - (3) Any sump, except an operations sump, which
contains oil or a mixture of oil and water shall be covered with screening to restrain entry
of wildlife in accordance with Section 1778(d).

1775. Oilfield Wastes and Refuse. – (b) Drilling mud shall not be permanently disposed
of into open pits. Cement slurry or dry cement shall not be disposed of on the surface.

3781. The Legislature hereby finds and declares that it is essential in order to protect the
wildlife resources of California that all hazardous exposed oil sumps in this state be either
screened or eliminated.

3783. Whenever the supervisor receives notification from the Department of Fish and
Game pursuant to subdivision (a) of Section 1016 of the Fish and Game Code that an oil
sump is hazardous to wildlife, he shall forthwith given written notice of such hazardous
condition to the owner, lessee, operator, or person responsible for the existence of the
condition and set forth the hazardous conditions as specified by the Department of Fish
and Game. The owner, lessee, operator, or person responsible shall, within 30 days from
the date of such notification, or such longer period as may be mutually agreed upon by
the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or
person responsible, clean up or abate the condition to the satisfaction of the supervisor
and the Department of Fish and Game. If the owner, lessee, operator, or person
responsible does not clean up or abate the condition to the satisfaction of the supervisor
and the Department of Fish and Game within the required period of time, the supervisor
shall forthwith order the closure of the oil and gas production operation maintaining the
oil sump.

3782. The supervisor shall promulgate rules and regulations for the adequate screening
of oil sumps to protect wildlife and shall order the closure of any oil and gas production
operation maintaining an exposed or inadequately screened oil sump in violation of such
rules and regulations.

http://www.conservation.ca.gov/dog/pubs_stats/Pages/law_regulations.aspx

Colorado
902. PITS - GENERAL AND SPECIAL RULES
c. Any accumulation of oil or condensate in a pit shall be removed within twenty-four
(24) hours of discovery. Only de minimis amounts of hydrocarbons may be present
unless the pit is specifically permitted for oil or condensate recovery or disposal use. A
Form 15 pit permit may be revoked by the Director and the Director may require that the
pit be closed if an operator repeatedly allows more than de minimis amounts of oil or
condensate to accumulate in a pit. This requirement is not applicable to properly
permitted and properly fenced, lined, and netted skim pits that are designed, constructed,
and operated to prevent impacts to wildlife, including migratory birds.

d. Where necessary to protect public health, safety and welfare or to prevent significant
adverse environmental impacts resulting from access to a pit by wildlife, migratory birds,
domestic animals, or members of the general public, operators shall install appropriate
netting or fencing.

19
1003. INTERIM RECLAMATION
d. Drilling pit closure. As part of interim reclamation, drilling pits shall be closed in the
following manner:
(1) Drilling pit closure on crop land and within 100-year floodplain. On crop land or
within the 100-year floodplain, water-based bentonitic drilling fluids, except de minimis
amounts, shall be removed from the drilling pit and disposed of in accordance with the
900 Series rules. Operators shall ensure that soils meet the concentration levels of Table
910-1, above. Drilling pit reclamation, including the disposal of drilling fluids and
cuttings, shall be performed in a manner so as to not result in the formation of an
impermeable barrier. Any cuttings removed from the pit for drying shall be returned to
the pit prior to backfilling, and no more than de minimis amounts may be incorporated
into the surface materials. After the drilling pit is sufficiently dry, the pit shall be
backfilled. The backfilling of the drilling pit shall be done to return the soils to their
original relative positions. Closing and reclamation of drilling pits shall occur no later
than three (3) months after drilling and completion activities conclude.

(2) Drilling pit closure on non-crop land. All drilling fluids shall be disposed of in
accordance with the 900 Series rules. Operators shall ensure that soils meet the
concentration levels of Table 910-1, above. After the drilling pit is sufficiently dry, the
pit shall be backfilled. Materials removed from the pit for drying shall be returned to the
pit prior to the backfilling. No more than de minimis amounts may be incorporated into
the surface materials. The backfilling of the drilling pit will be done to return the soils to
their original relative positions so that the muds and associated solids will be confined to
the pit and not squeezed out and incorporated in the surface materials. Closure and
reclamation of drilling pits shall occur no later than six (6) months after drilling and
completion activities conclude, weather permitting.

http://cogcc.state.co.us/

Florida
62C 27.001 General. (4) Mud Tanks, Reserve Pits, and Dikes. Before spudding the well,
mud tanks of sufficient size to hold the active mud volume at the surface shall be
installed for containment of all active drilling fluids. Earthen mud pits shall not be used
for this purpose.

http://www.dep.state.fl.us/geology/rules/oilandgasrules.htm

Illinois
Section 240.540 Drilling and Completion Pit Restoration
a) Sediment, drilling fluid circulation and reserve pits, except sediment pits used as
completion pits, shall be filled and leveled within 6 months after drilling ceases.
Drilling fluid wastes may be disposed of by on-site burial or surface application in
accordance with subsection (b) of this Section at the site of drilling. Saltwater or Oil
Drilling Fluid wastes shall be removed from the site and disposed of in an Illinois
Environmental Protection Agency permitted special waste landfill, injected in a Class II
well, disposed of in a well during the plugging process or buried in one of the lined pits
and the liner folded over and additional liner material added to completely cover the
drilling waste buried at least 5 feet below the ground surface.

20
Section 240.810 Tanks, Tank Batteries and Containment Dikes

(b) (4) All open top tanks shall be covered with bird netting, or other system designed to
keep birds and flying mammals from landing in the tank.

Section 240.861 Existing Pit Exemption For Continued Production Use

(g) (4) All pits shall be covered with bird netting or other systems designed to keep birds
and flying mammals from landing in the pit.

http://dnr.state.il.us/legal/adopted/62-240.pdf

Indiana
312 IAC 16-5-12 Mud pits, Authority: IC 14-37-3, Affected: IC 14-37
Sec. 12. (a) An owner or operator shall construct and maintain necessary mud circulation
and reserve pits.
(b) Upon completion of a well, pits shall be filled and leveled. The surface shall be
restored as nearly as practicable to conditions existing before drilling commenced.
(Natural Resources Commission; 312 IAC 16-5-12; filed Feb 23, 1998, 11:30 a.m.:
21 IR 2342; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315)

http://www.in.gov/legislative/ic/code/title14/ar37/index.html

Kansas
82-3-602. TIME LIMITATION; PENALTY; CLOSURE OF PITS; CLOSURE
FORMS; DRILLING FLUID MANAGEMENT; WASTE TRANSFER; SURFACE
RESTORATION.
(a) (1) The time limitation for the closure of each pit, unless otherwise specified in
writing by the commission, shall be according to the following schedule:
(A) Drilling pits or haul-off pits shall be closed within a maximum of 365 calendar days
after the spud date of a well.
(B) Work-over pits shall be closed within a maximum of 365 days after work-over
operations have ceased.

http://www.kcc.state.ks.us/conservation/index.htm

Kentucky
401 KAR 5:090 Section 10 - Drilling Pits
Drilling pits shall be constructed to have the capability and the capacity to contain
drilling fluids so that contamination of the waters of the Commonwealth do not occur.
Spills or releases having the potential of degrading the environment or impacting human
health and safety must be reported to the Environmental Response Team at (502) 564-
2380 or 1-800-928-2380. For drilling and workover activities, the following need to be
addressed:
• A pit must be constructed which will contain all the cuttings and fluids anticipated for
the area and depth to be drilled. Adequate freeboard (distance of fluid level in pit to upper
rim) should be maintained and checked regularly during drilling. If necessary, a
secondary pit should be constructed in such a manner as to contain or prevent overflow.

21
• Containment structures should be placed to contain all spilled fuel, crude oil and
drilling fluids.
• Consideration given to the type of material used in the construction of the pit to prevent
groundwater contamination and leakage.

Within thirty (30) days following completion of drilling activities, the pits shall be
closed. Waste shall be removed from the pit and disposed of in accordance with
Kentucky laws and regulations. All visible contamination must be removed from the pit
during closure. The appropriate waste disposal method is dependent upon the waste’s
components (make-up). The pit area shall be backfilled, graded and revegetated. The
vegetative cover shall be capable of preventing soil erosion. Pits in place longer than
thirty (30) days shall be considered as “Holding Pits” and shall meet their requirements
(See Holding Pits). However, the Director of the Division of Water may, with good
cause, extend the pit's life up to a maximum of ninety (90) days. A written request
seeking that extension should be submitted before the day of completion

401 KAR Chapter 30, 401 KAR 31:030, 401 KAR 47:030 and 401 KAR 47:150 -
Disposal of Completion Fluids
Completion fluids fall under the definition of solid non-hazardous waste. Temporary
storage of these fluids is regulated as a solid waste permit-by-rule. Permit-by-rule sites do
not need to submit any paperwork to the Division, but do need to comply with the
environmental performance standards. Disposal of such waste is not covered by a permit-
by-rule, and the applicable regulations depend on the disposal method to be employed. In
order to dispose of the waste at the site by applying it to the land, a permit shall be
obtained. The waste can be hauled off-site and disposed of in a permitted solid waste
landfill, as long as it is allowed under the permit for that landfill.

http://www.lrc.ky.gov/kar/401/005/090.htm

Louisiana
§307. Pit Classification, Standards, and Operational
B. Reserve pits 4. Pits shall be emptied of fluids in a manner compatible with all
applicable regulations, and closed in accordance with §311 and §313 within six months
of completion of drilling or work over operations.

http://dnr.louisiana.gov/title43/43v19.pdf

Michigan
R 324.407 Drilling mud pits. Rule 407. The drilling mud pit shall be carefully
encapsulated and buried as soon as practical after drilling completion, but not more than
6 months after drilling completion.

http://www.deq.state.mi.us/documents/deq-ogs-land-fuelsmineral-oilandgas-regs.pdf

22
Montana
36.22.1005 DRILLING WASTE DISPOSAL AND SURFACE RESTORATION
(1) The operator of a drilling well must contain and dispose of all solid waste and
produced fluids that accumulate during drilling operations so as not to degrade surface
water, groundwater, or cause harm to soils. Said waste and fluids must be disposed of in
accordance with all applicable local, state and federal laws and regulations.

(2) When a salt-based or oil-based drilling fluid is used to drill a well located within a
floodplain, as defined by ARM 36.15.101, or in irrigated cropland, drilling waste and
produced fluids that accumulate during drilling operations must be disposed of off-site in
a manner allowed by local, state, and federal laws and regulations unless an alternative
on-site disposal method is approved in writing by the board administrator.

(3) The operator of a drilling well must construct, close, and restore any reserve pits in a
manner that will prevent harm to the soil and will not degrade surface waters or
groundwater. When a salt-based or oil-based drilling fluid is used, the reserve pit must be
lined with a synthetic liner approved by the board administrator.

(4) Within 10 days after the cessation of drilling or completion operations, all
hydrocarbons must be removed from earthen pits used in association with drilling
or completion operations or such pits must be fenced, screened, and netted. Such pits
that contain water with more than 15,000 parts per million total dissolved solids or salt-
based drilling fluids must be fenced within 90 days after the cessation of drilling and
completion operations.

(5) Earthen pits used in association with drilling and completion operations must not be
used for the disposal of any additional fluids or materials after the cessation of drilling
and completion operations.

(6) All earthen pits used in association with drilling and completion operations must be
closed and the surface restored according to board specifications within one year after
the cessation of drilling operations. Upon written application by the operator, an
exception to the one-year pit closure requirement may be granted in writing by the board
administrator upon a showing that:
(a) no dumping or disposal of waste or fluids in the pit will occur; and
(b) delayed closure of the pit will not present a risk of contamination to soils or
water or a hazard to animals or persons.

http://data.opi.mt.gov/bills/mca_toc/82.htm

Nebraska
012.14 All pits shall be backfilled within one year after completion of drilling
operations.

022.12A All pits or ponds used to retain produced water shall:

• Be constructed in cut material or at least fifty (50) percent below original ground
level.
• Be lined with a material compatible with the waste contained.

23
 • Not be located in a natural drainage and shall be constructed above the seasonal
high water table.
• Be bermed or diked and shall have at least two (2) feet of freeboard between the
normal operating level of the water in the pit and the top of the banks, dikes or
berms.
• Be fenced, screened, or netted to prevent access by livestock, wildlife and
migratory birds if free oil is likely to be discharged to the pits.

http://www.nogcc.ne.gov/NOGCCrulesstatutesindex.htm

Nevada
NAC 522.350 Open reservoirs. Oil or the waste from an oil field may not be stored or
retained in unlined pits in the ground or open receptacles without the approval of the
division. [Div. of Mineral Res., § 407, eff. 12-20-79]—(NAC A by Dep’t of Minerals,
7-22-87)

NAC 522.255 Collecting pits. 1. No operator who conducts oil or gas development and
production may use unlined collecting pits for storage and evaporation of brines from the
oil field. The division may approve the use of impervious collecting pits in conjunction
with approved operations for disposal of salt water. 2. The provisions of subsection 1 do
not apply to burning pits which are used exclusively for the burning of the accumulated
waste from the bottom of a tank. [Div. of Mineral Res., § 200 subsec. 3, eff. 12-20-79]—
(NAC A by Dep’t of Minerals, 7-22-87)

http://www.leg.state.nv.us/NAC/NAC-522.html

New Mexico
19.15.17.11 DESIGN AND CONSTRUCTION SPECIFICATIONS:
E. Netting. The operator shall ensure that a permanent pit or a permanent open top tank is
screened, netted or otherwise rendered non-hazardous to wildlife, including migratory
birds. Where netting or screening is not feasible, the operator shall on a monthly basis
inspect for, and within 30 days of discovery, report discovery of dead migratory birds or
other wildlife to the appropriate wildlife agency and to the appropriate division district
office in order to facilitate assessment and implementation of
measures to prevent incidents from reoccurring.

19.15.17.12 OPERATIONAL REQUIREMENTS

(4) The operator shall remove all free liquids from a temporary pit within 30 days from
the date that the operator releases the drilling or workover rig.

19.15.2.50 PITS AND BELOW-GRADE TANKS

C. Design, construction, and operational standards.
(1) In general. Pits, sumps and below-grade tanks shall be designed, constructed and
operated so as to contain liquids and solids to prevent contamination of fresh water and
protect public health and the environment.
(2) Special requirements for pits.
(e) Disposal or storage pits. No measurable or visible layer of oil may be allowed to
accumulate or remain anywhere on the surface of any pit. Spray evaporation systems

24
shall be operated such that all spray-borne suspended or dissolved solids remain within
the perimeter of the pond’s lined portion.
(f) Fencing and netting. All pits shall be fenced or enclosed to prevent access by
livestock, and fences shall be maintained in good repair. Active drilling or workover pits
may have a portion of the pit unfenced to facilitate operations. In issuing a permit, the
division may impose additional fencing requirements for protection of wildlife in
particular areas. All tanks exceeding 16 feet in diameter, exposed pits, and ponds shall be
screened, netted, covered, or otherwise rendered non-hazardous to migratory birds.
Drilling and workover pits are exempt from the netting requirement. Immediately after
cessation of these operations such pits shall have any visible or measurable layer of oil
removed from the surface. Upon written application, the division may grant an exception
to screening, netting, or covering requirements upon a showing that an alternative method
will adequately protect migratory birds or that the tank or pit is not hazardous to
migratory birds.

F. Closure and restoration.

(1) Closure. Except as otherwise specified in Section 50 of 19.15.2 NMAC, a pit or
below-grade tank shall be properly closed within six months after cessation of use. As

http://www.emnrd.state.nm.us/OCD/documents/RULEBOOK060328_002.pdf

New York
Part 554: Drilling Practices and Reports (Statutory authority: Environmental
Conservation Law, §§ 23-0301, 23-0305[8])
§554.1 Prevention of pollution and migration
(c)(3) Storage of brine, salt water or other polluting fluids in such watertight tanks or
earthen pits, prior to disposal, shall be for a maximum of 45 days after cessation of
drilling operations, unless the department approves an extension based on circumstances
beyond the operator's control.

§556.4 Safety
(a) Oil shall not be produced, stored or retained in earthen reservoirs.

http://www.dec.ny.gov/energy/1630.html

North Dakota
43-02-03-19. RESERVE PIT FOR DRILLING MUD AND DRILL CUTTINGS -
RECLAMATION OF SURFACE. A reserve pit may be utilized to contain solids and
fluids used and generated during well drilling and completion operations, providing the
pit can be constructed, used and reclaimed in a manner that will prevent pollution of the
land surface and freshwaters. In special circumstances, the director may prohibit
construction of a reserve pit or may impose more stringent pit reclamation requirements.
Under no circumstances shall reserve pits be used for disposal, dumping, or storage of
fluids, wastes, and debris other than drill cuttings and fluids used or recovered while
drilling and completing the well. Reserve pits shall not be located in, or hazardously near,
bodies of water, nor shall they block natural drainages.

When required by the director, the reserve pit or site or appropriate parts thereof must be
fenced.

25
 1. Within a reasonable time, but not more than one year, after the completion of a
well, the reserve pit shall be reclaimed. All pit water and oil on the pit must be
removed prior to reclamation. Drilling waste should be encapsulated in the pit and
covered with at least four feet [1.22 meters] of backfill and topsoil and surface
sloped, when practicable, to promote surface drainage away from the reclaimed
pit area.

43-02-03-19.1. FENCING, SCREENING, AND NETTING OF PITS. All open pits

and ponds which contain saltwater must be fenced. All pits and ponds which contain oil
must be fenced, screened, and netted. This is not to be construed as requiring the fencing,
screening, or netting of a reserve pit or other earthen pit used solely for drilling,
completing, recompleting, or plugging unless such pit is not reclaimed in excess of ninety
days after completion of the operation.

History: Effective May 1, 1992.

https://www.dmr.nd.gov/oilgas/rules/rulebook.pdf

Ohio
[1509.07.2] 1509.072. Well owner's duty to restore disturbed land surface;
waiver; extension.
No oil or gas well owner or agent of an oil or gas well owner shall fail to restore the land
surface within the area disturbed in siting, drilling, completing, and producing the well as
required in this section.
(A) Within five months after the date upon which the surface drilling of a well is
commenced, the owner or the owner's agent, in accordance with the restoration plan
filed under division (A)(10) of section 1509.06 of the Revised Code, shall fill all the
pits for containing brine, other waste substances resulting, obtained, or produced in
connection with exploration or drilling for, or production of, oil or gas, or oil that are
not required by other state or federal law or regulation, and remove all concrete bases,
drilling supplies, and drilling equipment.

http://www.dnr.state.oh.us/Portals/11/publications/pdf/oil%20and%20gas%20laws%20an
d%20rules.pdf

Oklahoma
l 6 5 : 1 0 - 7 - 1 6 , Use of non-commercial pits
(B) The protection of migratory birds shall be the responsibility of the operator.
Therefore, the Conservation Division recommends that to prevent the loss of birds, oil be
removed or the surface area covered by the oil be protected from access to birds [ See
Advisory Notice 165: 10- 7-3(c)] .

(A) Any Category 1A, 1B, or 2 reserve/circulation pit, either on-site or off-site, shall be
closed within twelve months after drilling operations cease.
(B) Any Category 3 (oil-based) reserve/circulation pit, either on-site or off-site, shall be
closed within 6 months after drilling operations cease.
(C) Any Category 4 pit shall have closure procedures commenced within 30 days and
completed within 90 days after drilling operations cease.

26
http://www.occ.state.ok.us/Divisions/GC/OCCRULES/permrules/Ch%2010%20Oil%20a
nd%20Gas%20Conservation%20Rules%20eff%20July%2011%202008.pdf

Oregon
632-010-0140 - Reserve Pits or Sumps
Materials and fluids or any fluid necessary to the drilling, production, or other operations
by the permittee shall be discharged or placed in pits and sumps approved by the
department and the State Department of Environmental Quality. The operator shall
provide pits, sumps, or tanks of adequate capacity and design to retain all materials. In no
event shall the contents of a pit or sump be allowed to:
(1) Contaminate streams, artificial canals or waterways, groundwaters, lakes, or rivers.
(2) Adversely affect the environment, including but not limited to, persons, plants, fish,
and wildlife and their populations.
(3) When no longer needed and within one year of completion, suspension of
abandonment, fluid in pits and sumps shall be disposed of in a manner approved by the
Department of Environmental Quality and the sumps filled and covered and the premises
reclaimed. The restoration need not be done if arrangements are made with the surface
owner to leave the site suitable for beneficial subsequent use. The permittee shall notify
the department to inspect the site reclamation

Stat. Auth.: ORS 520

Stats. Implemented: ORS 520.095

http://arcweb.sos.state.or.us/rules/OARS_600/OAR_632/632_010.html

Pennsylvania
§ 78.56. Pits and tanks for temporary containment.
(a) Except as provided in § 78.60(b) and 78.61(b) (relating to discharge requirements;
and disposal of drill cuttings), the operator shall contain pollutional substances and
wastes from the drilling, altering, completing, recompleting, servicing and plugging the
well, including brines, drill cuttings, drilling muds, oils, stimulation fluids, well treatment
and servicing fluids, plugging and drilling fluids other than gases in a pit, tank or series of
pits and tanks.
(d) Unless a permit under The Clean Streams Law (35 P. S. § § 691.1—691.1001) or
approval under § 78.57 or § 78.58 (relating to control, storage and disposal of
production fluids; and existing pits used for the control, storage and disposal of
production fluids) has been obtained for the pit, the owner or operator shall remove or fill
the pit within 9 months after completion of drilling, or in accordance with the extension
granted by the Department under section 206(g) of the act (58 P. S. § 601.206(g)). Pits
used during servicing, plugging and recompleting the well shall be removed or filled
within 90 days of construction.

http://www.dep.state.pa.us/dep/deputate/minres/oilgas/laws&regulations.htm

27
South Dakota
74:10:03:13. Pit construction and reclamation. All pits used for storage of exploration
and production wastes must be constructed, maintained, and reclaimed so as to prevent
contamination of soil and all waters of the state. Under no circumstances may these pits
be used for disposal, dumping, or storage of solid or hazardous wastes, and other debris
not commonly used in these operations.

(2) Pit reclamation procedures:

(a) Within one year of site abandonment the pit must be reclaimed in a manner
approved by the secretary that will prevent ground water or surface water contamination.
If conditions that prevent reclamation within one year exist, a six-month extension may
be granted by the secretary.

74:10:05:15.01. Pits to be constructed and operated to protect certain birds and

other species. Any permanent or semipermanent pit used for the production of oil or gas
must be constructed and operated to protect migratory birds and state and federal
threatened, endangered, or protected species.

74:10:05:11. Oil storage in open receptacles prohibited -- Fire walls required on oil
tanks. Oil may not be stored or retained in earthen reservoirs or in open receptacles.

http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=74:10

Tennessee
1040-2-6-.04 ENVIRONMENTAL PROTECTION All oil and gas operations shall be
conducted in a manner that will prevent or mitigate adverse environmental impacts such
as soil erosion and water pollution. All areas disturbed by the operations, including
access roads, shall be reclaimed as prescribed in rule 1040-2-9-.05.

1040-2-9-.05 SURFACE RECLAMATION.

(1) Abandonment of well sites, oil or gas pipeline right-of-way, storage facility sites, and
access roads.
(a) Except for active work areas, the operator shall drain and fill all surface pits that are
not needed for production purposes, and shall grade and stabilize the well location and
location road within thirty (30) days of the initial disturbance, in order to minimize
surface run-off and prevent excessive erosion and sedimentation. All drilling supplies and
equipment, trash, discarded materials and other refuse not contained and covered in the
reclaimed pits shall be removed from the site. Temporary vegetative cover shall then be
established on all graded areas.
(b) Within thirty (30) days of the plugging and abandonment of any well, the operator
shall remove all production and storage structure, supplies and equipment, any oil, salt
water and debris, fill any remaining excavations, and grade any remaining disturbed
areas, including access roads.

http://www.state.tn.us/sos/rules/1040/1040-02/1040-02.htm

28
Texas
RULE §3.22 Protection of Birds
(b) An operator must screen, net, cover, or otherwise render harmless to birds the
following categories of open-top tanks and pits associated with the exploration,
development, and production of oil and gas, including transportation of oil and gas by
pipeline:
(1) open-top storage tanks that are eight feet or greater in diameter and contain a
continuous or frequent surface film or accumulation of oil; however, temporary, portable
storage tanks that are used to hold fluids during drilling operations, workovers, or well
tests are exempt;
(2) skimming pits as defined in §3.8 of this title (relating to Water Protection)
(Statewide Rule 8); and
(3) collecting pits as defined in §3.8 of this title (relating to Water Protection) that are
used as skimming pits.
(c) If the commission finds a surface film or accumulation of oil in any other pit regulated
under §3.8 of this title (relating to Water Protection), the commission will instruct the
operator to remove the oil. If the operator fails to remove the oil from the pit in
accordance with the commission's instructions or if the commission finds a surface film
or accumulation of oil in the pit again within a 12-month period, the commission will
require the operator to screen, net, cover, or otherwise render the pit harmless to birds.

RULE §3.8 Water Protection - (iii) The director may require that a person who uses or
maintains a reserve pit, mud circulation pit, fresh makeup water pit, fresh mining water
pit, completion/workover pit, basic sediment pit, flare pit, or water condensate pit backfill
the pit sooner than the time prescribed by clause (i) of this subparagraph if the director
determines that oil and gas wastes or oil field fluids are likely to escape from the pit or
that the pit is being used for improper storage or disposal of oil and gas wastes or oil field
fluids.
(iv) Prior to backfilling any reserve pit, mud circulation pit, completion/workover pit,
basic sediment pit, flare pit, or water condensate pit whose use or maintenance is
authorized by this paragraph, the person maintaining or using the pit shall, in a permitted
manner or in a manner authorized by paragraph (3) of this subsection, dispose of all oil
and gas wastes which are in the pit.

(G) Backfill requirements.

(i) A person who maintains or uses a reserve pit, mud circulation pit, fresh makeup
water pit, fresh mining water pit, completion/workover pit, basic sediment pit, flare pit, or
water condensate pit shall dewater, backfill, and compact the pit according to the
following schedule.
(I) Reserve pits and mud circulation pits which contain fluids with a chloride
concentration of 6,100 mg/liter or less and fresh makeup water pits shall be dewatered,
backfilled, and compacted within one year of cessation of drilling operations.
(II) Reserve pits and mud circulation pits which contain fluids with a chloride
concentration in excess of 6,100 mg/liter shall be dewatered within 30 days and
backfilled and compacted within one year of cessation of drilling operations.
(III) All completion/workover pits used when completing a well shall be dewatered
within 30 days and backfilled and compacted within 120 days of well completion. All
completion/workover pits used when working over a well shall be dewatered within 30

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days and backfilled and compacted within 120 days of completion of workover
operations.

http://www.rrc.state.tx.us/rules/rule.php

Virginia
4 VAC 25-150-300. Pits.
A. General requirements.
1. Pits are to be temporary in nature and are to be reclaimed when the operations using
the pit are complete.
2. Pits may not be used as erosion and sediment control structures or stormwater
management structures, and surface drainage may not be directed into a pit.
3. Pits shall have a properly installed and maintained liner or liners made of 10mil or
thicker high-density polyethylene or its equivalent.
C. 3. At the conclusion of drilling and completion operations or after a dry hole, well or
corehole has been plugged, the pit shall be drained in a controlled manner and the fluids
disposed of in accordance with 4 VAC 25-150-420. If the pit is to be used for disposal of
solids, then the standards of 4 VAC 25-150-430 shall be met.

4 VAC 25-150-420. Disposal of pit and produced fluids.

A. Applicability. All fluids from a well, pipeline or corehole shall be handled in a
properly constructed pit, tank or other type of container approved by the director.
A permittee shall not dispose of fluids from a well, pipeline or corehole until the director
has approved the permittee's plan for permanent disposal of the fluids. Temporary storage
of pit or produced fluids is allowed with the approval of the director. Other fluids shall be
disposed of in accordance with the operations plan approved by the director.

B. Application and plan. The permittee shall submit an application for either on-site or
off-site permanent disposal of fluids on a form prescribed by the director. Maps and a
narrative describing the method to be used for permanent disposal of fluids must
accompany the application if the permittee proposes to land apply any fluids on the
permitted site. The application, maps, and narrative shall become part of the permittee's
operations plan.

C. Removal of free fluids. Fluids shall be removed from the pit to the extent practical so
as to leave no free fluids. In the event that there are no free fluids for removal, the
permittee shall report this on the form provided by the director.

http://leg1.state.va.us/000/reg/TOC04025.HTM#C0150

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Utah
R649-1-1. Definitions. “Disposal Pit" means a lined or unlined pit approved for the
disposal and/or storage of E and P Wastes.

R649-3-15. Pollution and Surface Damage Control.

1. The operator shall take all reasonable precautions to avoid polluting lands, streams,
reservoirs, natural drainage ways, and underground water.
1.2. At a minimum, the owner or operator shall:
1.2.1. Take reasonable steps to prevent and shall remove accumulations of oil or other
materials deemed to be fire hazards from the vicinity of well locations, lease tanks and
pits.
1.2.4.1. The use of crude or produced water storage tanks without tops is strictly
prohibited except during well testing operations.
1.2.5. Catch leaks and drips, contain spills, and cleanup promptly.
1.2.6. Waste reduction and recycling should be practiced in order to help reduce disposal
volumes.
1.2.7. Produced water, tank bottoms and other miscellaneous waste should be disposed
of in a manner that is in compliance with these rules and other state, federal, or local
regulations or ordinances.

R649-3-16. Reserve Pits and Other On-site Pits.

1. Small onsite oil field pits including, but not limited to, reserve pits, emergency pits,
workover and completion pits, storage pits, pipeline drip pits, and sumps shall be located
and constructed in such a manner as to contain fluids and not cause pollution of waters
and soils. They shall be located and constructed according to the Division guidelines for
onsite pits.

3. Following drilling and completion of the well the reserve pit shall be closed within one
year, unless permission is granted by the Division for a longer period.

R649-9-3. Permitting of Disposal Pits.

2.3.6. The pit shall be fenced and maintained to prevent access by livestock, wildlife and
unauthorized personnel and if required, equipped with flagging or netting to deter
entry by birds and waterfowl.

http://oilgas.ogm.utah.gov/Rules/Rules.htm

West Virginia
'35-4-16. Reclamation.
16.4.h. All drilling pits and alternative overflow prevention facilities shall be constructed,
maintained, and reclaimed so as not to be left in such condition as to constitute a hazard
or to prevent use of the surface for agricultural purposes after the expiration of the six (6)
month or extended period for reclamation prescribed by W. Va. Code '22-6-30.

http://www.wvsos.com/csr/verify.asp?TitleSeries=35-04

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Wyoming
Chapter 4, Section 1. Pollution and Surface Damage
(bb) Reserve pits shall be completely fenced and, if oil or other harmful substances are
present, netted or otherwise secured at the time the rig substructure has been moved from
the location in a manner that avoids the loss of wildlife, domestic animals, or migratory
birds. Because of the same concerns, produced water pits must be fenced and, if oil or
other harmful substances are present, netted or secured in such a manner as to provide
protection to wildlife, domestic animals, or migratory birds. The Commission
recommends netting as the preferred means of securing pits.

(dd) All retaining pits shall be kept reasonably free of surface accumulations of oil and other
liquid hydrocarbon substances and shall be cleaned within ten (10) days after discovery of the
accumulation by the owner or notice from the Supervisor.

(ll) The Commission specifically prohibits the use of dispersants, wetting agents, surface
reduction agents, surfactants, or other chemicals that destroy, remove, or reduce the fluid seal
of a reserve pit and allow the fluids contained therein to seep, drain, or percolate into the soil
underlying the pit.

(qq) Reclamation. Reclamation of unused production pits or any other temporary

retaining pits, including reserve pits, shall be completed in as timely a manner as climatic
conditions allow. Production pit areas and reserve pits will be reclaimed no later than one
(1) year after the date of last use unless the Supervisor grants an administrative variance
for just cause.

http://soswy.state.wy.us/RULES/rules/6855.pdf

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