R 299.2441 Surface facilities; location; exception to location requirements.

Rule 2441. (1) All surface facilities and flow lines installed after the effective date of these rules shall be constructed so that the materials contained in the facilities do not cause waste. Operation of surface facilities and flow lines shall not begin until the permittee has complied with the methods and means to prevent pollution as specified in these rules. (2) Surface facilities installed after the effective date of these rules that are not a replacement or improvement of an existing surface facility shall be located not less than 300 feet from either of the following: (a) Existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption. (b) Existing structures used for public or private occupancy. (3) Surface facilities may be located closer than 300 feet from existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy under either of the following conditions: (a) Upon presentation to the supervisor of mineral wells of a written consent signed by the owner or owners of all existing recorded fresh water wells and reasonably identifiable fresh water wells utilized for human consumption and existing structures used for public or private occupancy. (b) After a hearing under part 13 of these rules, the supervisor of mineral wells determines that the proposed surface facility location will prevent waste, protect environmental values, and not compromise public safety. (4) The supervisor of mineral wells or authorized representative of the supervisor of mineral wells shall be notified within 24 hours of emergency repairs to existing surface facilities that substantially modify the facility or piping. Information regarding such emergency repairs shall be submitted in writing within 45 days of the repair.