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AN ACT Concerning Hydraulic Fracturing Regulation.1
Be It Enacted by the Legislature of the State of Florida:2
ARTICLE 1.3
Section 1. Short title. This Act may be cited as the4
Florida Hydraulic Fracturing Regulatory Act.5
Section 2. Definitions. For the purposes of this Act,6
unless the context otherwise requires:7
"Aquatic life" means all fish, reptiles, amphibians,8
crayfish, and mussels.9
"Aquifer" means a geologic formation, group of formations,10
or part of a formation that contains sufficient saturated11
permeable material to yield useful quantities of groundwater to12
wells, springs or surface water.13
"Base fluid" means the continuous phase fluid type,14
including, but not limited to, water used in a hydraulic15
fracturing operation or an acid stimulation treatment fluid.16
"BTEX" means benzene, toluene, ethylbenzene, and xylene.17
"Chemical" means any element, chemical compound, or mixture18
of elements or compounds that has its own specific name or19
identity, such as a Chemical Abstracts Service number,20
regardless of whether the chemical is subject to the21
requirements of paragraph (2) of subsection (g) of 29 Code of22
Federal Regulations 1910.1200.23
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"Chemical Abstracts Service" means the division of the24
American Chemical Society that is the globally recognized25
authority for information on chemical substances.26
"Chemical Abstracts Service number" or "CAS number" means27
the unique identification number assigned to a chemical by the28
Chemical Abstracts Service.29
Class II injection well means wells used to inject fluids30
associated with the production of oil and natural gas or fluids31
used to enhance hydrocarbon recovery. Class II injection wells32
are regulated by the Florida Department of Environmental33
Protection, Oil and Gas Program.34
"Completion combustion device" means any ignition device,35
installed horizontally or vertically, used in exploration and36
production operations to combust otherwise vented emissions.37
"Delineation well" means a well drilled in order to38
determine the boundary of a field or producing reservoir.39
"Department" means the Florida Department of Environmental40
Protection.41
"Diesel" means a substance having any one of the following42
Chemical Abstracts Service Registry numbers: 68334-30-5; 68476-43
34-6; 68476-30-2; 68476-31-3; 8008-20-6; or 68410-00-4. "Diesel"44
includes any additional substances regulated by the United45
States Environmental Protection Agency as diesel fuel used in46
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hydraulic fracturing activities under the federal Safe Drinking47
Water Act.48
"Director" means the Director of Florida Department of49
Environmental Protection or its successor agency or agencies.50
"Enhanced oil recovery operation" means any secondary or51
tertiary recovery method used in an effort to recover52
hydrocarbons from a pool by injection of fluids, gases or other53
substances to maintain, restore, or augment natural reservoir54
energy, or by introducing gases, chemicals, other substances, or55
heat, or by in-situ combustion, or by any combination thereof.56
EPA means the United States Environmental Protection57
Agency.58
"Flare" means a thermal oxidation system using an open,59
enclosed, or semi-enclosed flame. "Flare" does not include60
completion combustion devices as defined in this Section.61
"Flowback period" means the process of allowing fluids to62
flow from a well following a treatment, either in preparation63
for a subsequent phase of treatment or in preparation for64
cleanup and returning the well to production. "Flowback period"65
begins when the material the hydraulic fracturing fluid returns66
to the surface following hydraulic fracturing or re-fracturing.67
"Flowback period" ends with either well shut in or when the well68
is producing continuously to the flow line or to a storage69
vessel for collection, whichever occurs first.70
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"Fresh water" means surface and subsurface water in its71
natural state that is suitable for drinking water for human72
consumption, domestic livestock, irrigation, industrial,73
municipal and recreational purposes, that is capable of74
supporting aquatic life, and contains less than 10,000 ppm total75
dissolved solids.76
"Gas" has the same meaning as provided in s. 377.19,77
Florida Statutes.78
"Groundwater" means any water below the land surface that79
is within the saturated zone or geologic materials where the80
fluid pressure in the pore space is equal to or greater than81
atmospheric pressure.82
"Health professional" means a physician, physician83
assistant, nurse practitioner, a registered professional nurse,84
emergency medical technician, or other individual appropriately85
licensed or registered to provide health care services.86
"Horizontal well" has the same meaning as provided in s.87
377.19, Florida Statutes.88
"Hydraulic fracturing additive" means any chemical89
substance or combination of chemicals, including, but is not90
limited to, an acid stimulation treatment fluid or any chemical91
or proppant that is added to a base fluid for the purposes of92
preparing a hydraulic fracturing fluid for a hydraulic93
fracturing operation.94
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"Hydraulic fracturing flowback" means all hydraulic95
fracturing fluid and other fluids that return to the surface96
after a stage of hydraulic fracturing operations has been97
completed and prior to the well being placed in production.98
"Hydraulic fracturing fluid" means the mixture of the base99
fluid and all the hydraulic fracturing additives, used to100
perform hydraulic fracturing.101
"Hydraulic fracturing operations" means all stages of a102
stimulation treatment of a horizontal or vertical well as103
defined in this Act by the pressurized application of more than104
60,000 gallons per stage of fluid and proppant to initiate or105
propagate fractures in a geologic formation to enhance106
extraction or production of oil or gas. Hydraulic fracturing107
operations shall also mean well stimulation that uses, in whole108
or in part, the application of one or more acids to the well or109
underground geologic formation or may be used in combination110
with hydraulic fracturing treatments or other well stimulation111
treatments.112
"Hydraulic fracturing permit" means the permit issued by113
the Department under this Act allowing hydraulic fracturing114
operations to occur at a well site.115
"Hydraulic fracturing string" means any pipe or casing116
string used for the transport of hydraulic fracturing fluids117
during the conduct of the hydraulic fracturing operations.118
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"Hydraulic fracturing treatment" shall have the same119
definition as "hydraulic fracturing operations".120
"Intake" means a pipe or other means to withdraw raw water121
from a water source.122
"Landowner" means the legal title holder or owner of real123
property and includes an owner of an undivided interest, a life124
tenant, a remainderman, a public or private corporation, a125
trustee under an active trust, and the holder of the beneficial126
interest under a land trust. "Landowner" does not include a127
mortgagee, a trustee under a trust deed in the nature of a128
mortgage, a lien holder, or a lessee.129
"Low pressure well" means a well with reservoir pressure130
and vertical well depth such that 0.445 times the reservoir131
pressure (in psia) minus 0.038 times the vertical well depth (in132
feet) minus 67.578 psia is less than the flow line pressure at133
the sales meter.134
Multilevel system well means a monitoring device135
consisting of packers placed at different vertical depths along136
a single casing string to monitor subsurface groundwater.137
"Nature preserve" means an area of land that is protected138
and managed in order to preserve a particular type of habitat139
and its flora and fauna which are often rare and endangered140
species.141
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Nested Well means two or more wells installed at142
different vertical depths in one borehole.143
"Oil" has the same meaning as provided in s. 377.19,144
Florida Statutes.145
"Operator" means the entity who:146
(a)
Has the right to drill and to produce a well147
under this Act; and148
(b)
Injects or is engaged in the work of preparing to149
inject hydraulic fracturing fluid.150
"Owner" has the same meaning as provided in s. 377.19,151
Florida Statutes.152
"Perennial stream" means a stream that has continuous flow153
in its stream bed during all of the calendar year.154
"Permit" means a hydraulic fracturing permit.155
"Permittee" means a person holding a hydraulic fracturing156
permit under this Act.157
"Person" has the same meaning as provided in s. 377.19,158
Florida Statutes.159
"Pollution, contamination, or diminution" means the160
presence in or introduction into the environment of a substance161
or thing that has any harmful or poisonous effects.162
"Produced water" means water, regardless of chloride and163
total dissolved solids content, that is produced in conjunction164
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with oil or natural gas production or natural gas storage165
operations, but does not include hydraulic fracturing flowback.166
"Proppant" means sand or any natural or man-made material167
that is used during hydraulic fracturing operations to prop open168
the artificially created or enhanced fractures.169
"Public water supply" means all mains, pipes, and170
structures through which water is obtained and distributed to171
the public, including aquifers, wells and well structures,172
intakes and cribs, pumping stations, treatment plants,173
reservoirs, and storage tanks and appurtenances, collectively or174
severally, actually used or intended for use for the purpose of175
furnishing water for drinking or general domestic use, and which176
serves at least 10 service connections or which regularly serves177
at least 20 persons at least 60 days per year..178
"Release" means any spilling, leaking, pumping, pouring,179
emitting, emptying, discharging, injecting, escaping, leaching,180
dumping, or disposing into the environment.181
"Serious violation" means any violation that goes against182
what was allowed by permit and any other materials or183
instructions given by the Department.184
"Service connection" means the opening, including all185
fittings and appurtenances, at the water main through which186
water is supplied to the user.187
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"Surface water" means all water that is open to the188
atmosphere and subject to surface runoff.189
"Total water volume" means the total quantity of water from190
all sources used in the hydraulic fracturing operations,191
including surface water, groundwater, produced water, or192
recycled water.193
"Water pollution" means any alteration of the physical,194
thermal, chemical, biological, or radioactive properties of any195
waters of the State, or the discharge of any contaminant into196
any water of the State, as will or is likely to create a197
nuisance or render the waters harmful, detrimental, or injurious198
to public health, safety, or welfare, or to domestic,199
commercial, industrial, agricultural, recreational, or other200
legitimate uses, or to livestock, wildlife or other aquatic201
life.202
"Water source" means:203
(1) any existing water well or developed spring used204
for human or domestic animal consumption, or;205
(2) any river, perennial stream, aquifer, natural or206
artificial lake, pond, wetland or reservoir.207
"Well" means any drill hole required to be permitted under208
ss. 377.01-377.43, Florida Statutes.209
"Well site" means surface areas, including the well,210
occupied by all equipment or facilities necessary for or211
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incidental to hydraulic fracturing operations, drilling,212
production, or plugging a well.213
Well stimulation fluid means a base fluid mixed with214
physical and chemical additives, which may include acid for the215
purpose of a well stimulation treatment. A well stimulation216
treatment may include more than one well stimulation treatment217
fluid. Well stimulation treatment fluids include, but are not218
limited to, hydraulic fracturing fluids and acid stimulation219
treatment fluids.220
"Wildcat well" means a well outside known fields or the221
first well drilled in an oil or gas field where no other oil and222
gas production exists.223
"Wildlife" means any member of the animal kingdom,224
including without limitation any mammal, fish, bird (including225
any migratory, nonmigratory, or endangered bird), amphibian,226
reptile, mollusk, crustacean, arthropod or other invertebrate,227
and includes any part, product, egg, or offspring thereof any228
bird or mammal that are by nature wild by way of distinction229
from those that are naturally tame and are ordinarily living230
unconfined in a state of nature without the care of man.231
Section 3. Intergovernmental cooperation. The Department232
shall have the primary authority to administer the provisions of233
this Act. The Florida Fish and Wildlife Conservation Commission,234
and the Office of the State Fire Marshal shall be advised of235
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hydraulic fracturing permit applications received by the236
Department and lend assistance as required by the provisions of237
this Act.238
Section 4. Powers and duties.239
(a) Except as otherwise provided, the Department shall240
enforce this Act and all rules and orders adopted in accordance241
with this Act.242
(b) Except as otherwise provided, the Department shall243
have jurisdiction and authority over all persons and property244
necessary to enforce the provisions of this Act effectively. In245
aid of this jurisdiction, the Director, or anyone designated in246
writing by the Director, shall have the authority to administer247
oaths and to issue subpoenas for the production of records or248
other documents and for the attendance of witnesses at any249
proceedings of the Department.250
(c) The Department may authorize any employee of the251
Department, qualified by training and experience, to perform the252
powers and duties set forth in this Act.253
(d) For the purpose of determining compliance with the254
provisions of this Act and any orders or rules entered or255
adopted under this Act, the Department shall have the right at256
all times to go upon and inspect properties where hydraulic257
fracturing operations are being or have been conducted.258
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(e) The Department shall make any inquiries as it may deem259
proper to determine whether a violation of this Act or any260
orders or rules entered or adopted under this Act exists or is261
imminent. In the exercise of these powers, the Department shall262
have the authority to collect data; require testing and263
sampling; to make investigation and inspections; to examine264
properties, including records and logs; to examine, check, and265
test hydrocarbon wells; to hold hearings; to adopt266
administrative rules; and to take any action as may be267
reasonably necessary to enforce this Act.268
(f) Except as otherwise provided, the Department may269
specify the manner in which all information required to be270
submitted under this Act is submitted.271
Section 5. Applicability. This Act applies to all wells272
where hydraulic fracturing operations are planned, have273
occurred, or are occurring in this State. The provisions of this274
Act shall be in addition to the provisions of ss. 377.01-377.43,275
Florida Statutes. However, if there is a conflict, the276
provisions of ss. 377.01-377.43, Florida Statutes are superseded277
by this Act. Nothing in this Act restricts local government278
entities and regional government entities, as those terms are279
defined in s. 164.1031, Florida Statute, from enacting stricter280
ordinances, rules or regulations for hydraulic fracturing281
operations or completely banning the operations.282
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Section 6. Setbacks and prohibitions.283
(a) Except as provided in subsection (b) of this Section,284
no well site where hydraulic fracturing operations are proposed,285
planned, or occurring may be located as follows:286
(1) within 500 feet measured horizontally from any287
residence or place of worship unless the owner of the residence288
or the governing body of the place of worship otherwise289
expressly agrees in writing to a closer well location;290
(2) within 500 feet measured horizontally from the291
edge of the property line from any school, hospital, or licensed292
nursing home facility;293
(3) within 500 feet measured horizontally from the294
surface location of any existing water well or developed spring295
used for human or domestic animal consumption, unless the owner296
or owners of the well or developed spring otherwise expressly297
agrees or agree in writing to a closer well location;298
(4) within 300 feet measured horizontally from the299
center of a perennial stream or from the ordinary high water300
mark of any river, natural or artificial lake, pond, or301
reservoir;302
(5) within 5,280 feet of a nature preserve, wildlife303
preserve, site designated for endangered species or state of304
federal park;305
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(6) within 1,500 feet of a surface water or306
groundwater intake of a public water supply; the distance from307
the public water supply as identified by the Department shall be308
measured as follows:309
(A) For a surface water intake on a lake or310
reservoir, the distance shall be measured from the intake point311
on the lake or reservoir.312
(B) For a surface water intake on a flowing313
stream, the distance shall be measured from a semicircular314
radius extending upstream of the surface water intake.315
(C) For a groundwater source, the distance shall be316
measured from the surface location of the wellhead or the317
ordinary high water mark of the spring.318
The distance restrictions under this subsection (a) shall319
be determined as conditions exist at the time of the submission320
of the permit application under this Act and, unless specified321
otherwise, all distances shall be measured from the closest edge322
of the well site..323
(b) Notwithstanding any other provision of this Section,324
the owner of a water source identified in paragraph (4) of325
subsection (a) of this Section that is wholly contained within326
the owner's property may expressly agree in writing to a closer327
well location.328
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(c) It is unlawful to inject or discharge hydraulic329
fracturing fluid, produced water, BTEX, diesel, or petroleum330
distillates into fresh water.331
(d) It is unlawful to perform any hydraulic fracturing332
operations by knowingly or recklessly injecting diesel.333
Section 7. Hydraulic fracturing permit required.334
(a) Notwithstanding any other provision of law, a person335
may not drill, deepen, or convert a horizontal well where336
hydraulic fracturing operations are planned or occurring or337
convert a vertical well into a horizontal well where hydraulic338
fracturing operations are planned in this State, unless the339
person has been issued a permit by the Department under this Act340
and has obtained all applicable authorizations required by ss.341
377.01-377.43, Florida Statutes.342
(b) If multiple wells are to be stimulated using hydraulic343
fracturing operations from a single well site, then a separate344
permit shall be obtained for each well at the site.345
Section 8. Hydraulic fracturing permit application.346
(a) Every applicant for a permit under this Act shall first347
register with the Department at least 30 days before applying348
for a permit. The Department shall make available a registration349
form within 90 days after the effective date of this Act. The350
registration form shall require the following information:351
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(1) the name and address of the registrant and any352
parent, subsidiary, or affiliate thereof;353
(2) disclosure of all findings of a serious violation354
or an equivalent violation under federal or state laws or355
regulations in the development or operation of an oil or gas356
exploration or production site via hydraulic fracturing by the357
applicant or any parent, subsidiary, or affiliate thereof within358
the previous 5 years; and359
(3) proof of insurance to cover injuries, damages, or360
loss related to pollution or diminution in the amount of at361
least $5,000,000, from an insurance carrier authorized,362
licensed, or permitted to do this insurance business in this363
State.364
A registrant must notify the Department of any change in365
the information identified in paragraphs (1), (2), or (3) of366
this subsection (a) at least every six months or upon request of367
the Department.368
(b) Every applicant for a permit under this Act must submit369
the following information to the Department on an application370
form provided by the Department:371
(1) the name and address of the applicant and any372
parent, subsidiary, or affiliate thereof;373
(2) the proposed well name and address and legal374
description of the well site and its unit area;375
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(3) a statement whether the proposed location of the376
well site is in compliance with the requirements of Section 6 of377
this Act and a plat, which shows the proposed surface location378
of the well site, providing the distance in feet, from the379
surface location of the well site to the features described in380
subsection (a) of Section 6 of this Act;381
(4) a detailed description of the proposed well to be382
used for the hydraulic fracturing operations including, but not383
limited to, the following information:384
(A) the approximate total depth to which the385
well is to be drilled or deepened;386
(B) the proposed angle and direction of the387
well;388
(C) the actual depth or the approximate depth at389
which the well to be drilled deviates from vertical;390
(D) the angle and direction of any non-vertical391
portion of the wellbore until the well reaches its total target392
depth or its actual final depth; and393
(E) the estimated length and direction of the394
proposed horizontal lateral or wellbore;395
(5) the estimated depth and elevation, for the396
location of the well, of the lowest potential fresh water along397
the entire length of the proposed wellbore;398
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(6) a detailed description of the proposed hydraulic399
fracturing operations, including, but not limited to, the400
following:401
(A) the formation affected by the hydraulic402
fracturing operations, including, but not limited to, geologic403
name and geologic description of the formation that will be404
stimulated by the operation;405
(B) the anticipated surface treating pressure406
range;407
(C) the maximum anticipated injection treating408
pressure;409
(D) the estimated or calculated fracture410
pressure of the producing and confining zones; and411
(E) the planned depth of all proposed412
perforations or depth to the top of the open hole section;413
(7) plat showing all known previous well bores within414
750 feet of any part of the horizontal well bore that penetrated415
within 400 vertical feet of the formation that will be416
stimulated as part of the hydraulic fracturing operations;417
(8) unless the applicant documents why the information418
is not available at the time the application is submitted, a419
chemical disclosure report identifying each chemical and420
proppant anticipated to be used in hydraulic fracturing fluid421
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for each stage of the hydraulic fracturing operations including422
the following:423
(A) the total volume of water anticipated to be424
used in the hydraulic fracturing treatment of the well and the425
type and total volume of the base fluid anticipated to be used426
in the hydraulic fracturing treatment, if something other than427
water;428
(B) each hydraulic fracturing additive429
anticipated to be used in the hydraulic fracturing fluid,430
including the trade name, vendor, a detailed description of the431
intended use or function of each hydraulic fracturing additive,432
and the Material Safety Data Sheet (MSDS), if applicable;433
(C) each chemical anticipated to be434
intentionally added to the base fluid, including for each435
chemical, the Chemical Abstracts Service number, if applicable;436
and437
(D) the anticipated concentration in the base438
fluid, in percent by mass, of each chemical to be intentionally439
added to the base fluid;440
(9) a fresh water withdrawal and management plan that441
shall include the following information:442
(A) the source of the water, such as surface or443
groundwater, anticipated to be used for water withdrawals, and444
the anticipated withdrawal location;445
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(B) the anticipated volume and rate of each446
water withdrawal from each withdrawal location;447
(C) the anticipated months when water448
withdrawals shall be made from each withdrawal location;449
(D) the methods to be used to minimize water450
withdrawals as much as feasible; and451
(E) the methods to be used for surface water452
withdrawals to minimize adverse impact to aquatic life.453
Where a surface water source is wholly contained within a454
single property, and the owner of the property expressly agrees455
in writing to its use for water withdrawals, the applicant is456
not required to include this surface water source in the fresh457
water withdrawal and management plan.458
(10) a plan for the handling, storage, transportation,459
and disposal or reuse of hydraulic fracturing fluids and460
hydraulic fracturing flowback. The plan shall identify the461
specific Class II injection well or wells that will be used to462
dispose of the hydraulic fracturing flowback. The plan shall463
describe the capacity of the tanks to be used for the capture464
and storage of flowback and of the lined reserve pit to be used,465
if necessary, to temporarily store any flowback in excess of the466
capacity of the tanks. Identification of the Class II injection467
well or wells shall be by name, identification number, and468
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specific location and shall include the date of the most recent469
mechanical integrity test for each Class II injection well;470
(11) a well site safety plan to address proper safety471
measures to be employed during hydraulic fracturing operations472
for the protection of persons on the site as well as the general473
public. Within 15 calendar days after submitting the permit474
application to the Department, the applicant must provide a copy475
of the plan to the county or counties in which hydraulic476
fracturing operations will occur. Within 5 calendar days of its477
receipt, the Department shall provide a copy of the well site478
safety plan to the Office of the State Fire Marshal;479
(12) a containment plan describing the containment480
practices and equipment to be used and the area of the well site481
where containment systems will be employed, and within 5482
calendar days of its receipt, the Department shall provide a483
copy of the containment plan to the Office of the State Fire484
Marshal;485
(13) a casing and cementing plan that describes the486
casing and cementing practices to be employed, including the487
size of each string of pipe, the starting point, and depth to488
which each string is to be set and the extent to which each489
string is to be cemented;490
(14) a traffic management plan that identifies the491
anticipated roads, streets, and highways that will be used for492
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access to and egress from the well site. The traffic management493
plan will include a point of contact to discuss issues related494
to traffic management. Within 15 calendar days after submitting495
the permit application to the Department, the applicant must496
provide a copy of the traffic management plan to the county or497
counties in which the well site is located, and within 5498
calendar days of its receipt, the Department shall provide a499
copy of the traffic management plan to the Office of the State500
Fire Marshal;501
(15) the names and addresses of all owners of any real502
property within 1,500 feet of the proposed well site, as503
disclosed by the records in the office of the recorder of the504
county or counties;505
(16) drafts of the specific public notice and general506
public notice as required by Section 9 of this Act;507
(17) statement that the well site at which the508
hydraulic fracturing operation will be conducted will be509
restored in compliance with ss. 377.01-377.43, Florida Statutes510
and Section 25 of this Act;511
(18) proof of insurance to cover injuries, damages, or512
loss related to pollution in the amount of at least $5,000,000;513
and514
(19) any other relevant information which the515
Department may, by rule, require.516
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(c) Where an application is made to conduct hydraulic517
fracturing operations at a well site located within the limits518
of any county, city, village, or incorporated town, the519
application shall state the name of the county, city, village,520
or incorporated town and be accompanied with a certified copy of521
the official consent for the hydraulic fracturing operations to522
occur from the municipal authorities where the well site is523
proposed to be located. No permit shall be issued unless consent524
is secured and filed with the permit application that is525
delivered to the Department. In the event that an amended526
location is selected, the original permit shall not be valid527
unless a new certified consent is filed for the amended528
location.529
(d) The hydraulic fracturing permit application shall be530
accompanied by a bond as required by subsection (a) of Section531
15 of this Act.532
(e) Each application for a permit under this Act shall533
include payment of a non-refundable fee of $10,000. The fee534
shall be deposited into the Hydraulic Fracturing Fund for the535
Department to use to administer and enforce this Act. The536
Department shall not initiate its review of the permit537
application until the applicable fee under this subsection (e)538
has been submitted to and received by the Department.539
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(f) Each application submitted under this Act shall be540
signed, under the penalty of perjury, by the applicant or the541
applicant's designee who has been vested with the authority to542
act on behalf of the applicant and has direct knowledge of the543
information contained in the application and its attachments.544
Any person signing an application shall also sign an affidavit545
with the following certification:546
"I certify, under penalty of perjury as provided by law and547
under penalty of refusal, suspension, or revocation of a548
hydraulic fracturing permit, that this application and all549
attachments are true, accurate, and complete to the best of my550
knowledge."551
(g) The permit application shall be submitted to the552
Department in both electronic and hard copy format. The553
electronic format shall be searchable.554
(h) The application for a hydraulic fracturing permit may555
be submitted as a combined permit application with the556
operator's application to drill on a form as the Department557
shall prescribe. The combined application must include the558
information required in this Section. If the operator elects to559
submit a combined permit application, information required by560
this Section that is duplicative of information required for an561
application to drill is only required to be provided once as562
part of the combined application. The submission of a combined563
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permit application under this subsection shall not be564
interpreted to relieve the applicant or the Department from565
complying with the requirements of this Act or ss. 377.01-566
377.43, Florida Statutes.567
(i) Upon receipt of a permit application, the Department568
shall have no more than 90 calendar days from the date it569
receives the permit application to approve, with any conditions570
the Department may find necessary, or reject the application for571
the hydraulic fracturing permit. The applicant may waive, in572
writing, the 90-day deadline upon its own initiative or in573
response to a request by the Department.574
(j) If at any time during the review period the Department575
determines that the permit application is not complete under576
this Act, does not meet the requirements of this Section, or577
requires additional information, the Department shall notify the578
applicant in writing of the application's deficiencies and allow579
the applicant to correct the deficiencies and provide the580
Department any information requested to complete the581
application. If the applicant fails to provide adequate582
supplemental information within the review period, the583
Department may reject the application.584
Section 9. Public notice.585
(a) Within 5 calendar days after the Department's receipt586
of the hydraulic fracturing application, the Department shall587
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post notice of its receipt and a copy of the permit application588
on its website. The notice shall include the dates of the public589
comment period and directions for interested parties to submit590
comments.591
(b) Within 5 calendar days after the Department's receipt592
of the permit application and notice to the applicant that the593
hydraulic fracturing permit application was received, the594
Department shall provide the Office of the State Fire Marshal,595
and the Florida Fish and Wildlife Conservation Commission with596
notice of the application.597
(c) The applicant shall provide the following public598
notice:599
(1) Applicants shall mail specific public notice by600
U.S. Postal Service certified mail, return receipt requested,601
within 3 calendar days after submittal of the hydraulic602
fracturing permit application to the Department, to all persons603
identified as owners of real property within 1,500 feet of the604
proposed well site, as disclosed by the records in the office of605
the recorder of the county or counties, and to each municipality606
and county in which the well site is proposed to be located.607
(2) Except as otherwise provided in this paragraph608
(2) of subsection (c), applicants shall provide general public609
notice by publication, once each week for 2 consecutive weeks,610
beginning no later than 3 calendar days after submittal of the611
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hydraulic fracturing permit application to the Department, in a612
newspaper of general circulation published in each county where613
the well proposed for hydraulic fracturing operations is614
proposed to be located. If a well is proposed for hydraulic615
fracturing operations in a county where there is no daily616
newspaper of general circulation, applicant shall provide617
general public notice, by publication, once each week for 2618
consecutive weeks, in a weekly newspaper of general circulation619
in that county beginning as soon as the publication schedule of620
the weekly newspaper permits, but in no case later than 10 days621
after submittal of the hydraulic fracturing permit application622
to the Department.623
(3) The specific and general public notices required624
under this subsection shall contain the following information:625
(A) the name and address of the applicant;626
(B) the date the application for a hydraulic627
fracturing permit was filed;628
(C) the dates for the public comment period and629
a statement that anyone may file written comments about any630
portion of the applicant's submitted hydraulic fracturing permit631
application with the Department during the public comment632
period;633
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(D) the proposed well name, reference number634
assigned by the Department, and the address and legal635
description of the well site and its unit area;636
(E) a statement that the information filed by637
the applicant in their application for a hydraulic fracturing638
permit is available from the Department through its website;639
(F) the Department's website and the address and640
telephone number for the Department's Oil and Gas Division;641
(G) a statement that any person having an642
interest that is or may be adversely affected, any government643
agency that is or may be affected, or the county board of a644
county to be affected under a proposed permit, may file written645
objections to a permit application and may request a public646
hearing.647
(d) After providing the public notice as required under648
paragraph (2) of subsection (c) of this Section, the applicant649
shall supplement its permit application by providing the650
Department with a certification and documentation that the651
applicant fulfilled the public notice requirements of this652
Section. The Department shall not issue a permit until the653
applicant has provided the supplemental material required under654
this subsection.655
(e) If multiple applications are submitted at the same656
time for wells located on the same well site, the applicant may657
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use one public notice for all applications provided the notice658
is clear that it pertains to multiple applications and conforms659
to the requirements of this Section. Notice shall not constitute660
standing for purposes of requesting a public hearing or for661
standing to appeal the decision of the Department in accordance662
with the Administrative Procedure Act.663
Section 10. Public comment periods.664
(a) The public comment period shall begin 7 calendar days665
after the Department's receipt of the permit application and666
last for 30 calendar days.667
(b) Where a public hearing is conducted under Section 10668
of this Act, the Department may provide for an additional public669
comment period of 15 days as necessary to allow for comments in670
response to evidence and testimony presented at the hearing. The671
additional public comment period shall begin on the day after672
the public hearing.673
(c) During any public comment period, any person may file674
written comments to the Department concerning any portion of the675
permit application and any issue relating to the applicants676
compliance with the requirements of the Act and any other677
applicable laws.678
(d) The Department may request that the applicant respond679
to any substantive public comments obtained during the public680
comment period.681
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Section 11. Hydraulic fracturing permit; hearing.682
(a) When a permit application is submitted to conduct683
hydraulic fracturing operations for the first time at a684
particular well site, any person having an interest that is or685
may be adversely affected, any government agency that is or may686
be affected, or the county board of a county to be affected687
under a proposed permit, may file written objections to the688
permit application and may request a public hearing during the689
public comment period established under subsection (a) of690
Section 9 of this Act. The request for hearing shall contain a691
short and plain statement identifying the person and stating692
facts demonstrating that the person has an interest that is or693
may be adversely affected. The Department shall hold a public694
hearing upon a request under this subsection, unless the request695
is determined by the Department to (i) lack an adequate factual696
statement that the person is or may be adversely affected or697
(ii) be frivolous.698
(b) Prior to the commencement of a public hearing under699
this Section, any person who could have requested the hearing700
under subsection (a) of this Section may petition the Department701
to participate in the hearing in the same manner as the party702
requesting the hearing. The petition shall contain a short and703
plain statement identifying the petitioner and stating facts704
demonstrating that the petitioner is a person having an interest705
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that is or may be adversely affected. The petitioner shall serve706
the petition upon the Department. Unless the Department707
determines that the petition is frivolous, or that the708
petitioner has failed to allege facts in support of an interest709
that is or may be adversely affected, the petitioner shall be710
allowed to participate in the hearing in the same manner as the711
party requesting the hearing.712
(c) The Department shall establish rules and procedures to713
determine whether any request for a public hearing may be714
granted in accordance with subsection (a) of this Section, and715
for the notice and conduct of the public hearing. These716
procedural rules shall include provisions for reasonable notice717
to (i) the public and (ii) all parties to the proceeding, which718
include the applicant, the persons requesting the hearing, and719
the persons granted the right to participate in the hearing720
pursuant to subsection (b) of this Section, for the721
qualifications, powers, and obligations of the hearing officer,722
and for reasonable opportunity for all the parties to provide723
evidence and argument, to respond by oral or written testimony724
to statements and objections made at the public hearing, and for725
reasonable cross-examination of witnesses. County boards and the726
public may present their written objections or recommendations727
at the public hearing. A complete record of the hearings and all728
testimony shall be made by the Department and recorded729
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stenographically or electronically. The complete record shall be730
maintained and shall be accessible to the public on the731
Department's website until final release of the applicant's732
performance bond.733
(d) At least 10 calendar days before the date of the public734
hearing, the Department shall publish notice of the public735
hearing in a newspaper of general circulation published in the736
county where the proposed well site will be located.737
Section 12. Hydraulic fracturing permit; determination;738
judicial review.739
(a) The Department shall issue a hydraulic fracturing740
permit, with any conditions the Department may find necessary,741
only if the record of decision demonstrates that:742
(1) the well location restrictions of Section 6 of743
this Act have been satisfied;744
(2) the application meets the requirements of Section745
8 of this Act;746
(3) the plans required to be submitted with the747
application under Section 8 of this Act are adequate and748
effective;749
(4) the proposed hydraulic fracturing operations will750
be conducted in a manner that will protect the public health and751
safety and prevent pollution or diminution of any water source;752
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(5) the work plan required under Section 19 of this753
Act has been submitted to the Department;754
(6) the applicant or any parent, subsidiary, or755
affiliate thereof has not failed to abate a violation of this756
Act or the ss. 377.01-377.43, Florida Statutes;757
(7) the Class II injection wells to be used for758
disposal of hydraulic fracturing flowback comply with all759
applicable requirements for mechanical integrity testing,760
including that the well has been tested within the previous 5761
years; and762
(8) there is no good cause to deny the permit under763
subsection (a) of Section 14 of this Act.764
(b) For the purpose of determining whether to issue a765
permit, the Department shall consider and the Department's766
record of decision shall include:767
(1) the application for the hydraulic fracturing768
permit, including all documentation required by Section 8 of769
this Act;770
(2) all written comments received during the public771
comment periods and, if applicable, the complete record from the772
public hearing held under Section 11 of this Act;773
(3) all information provided by the applicant in774
response to any public comments; and775
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(4) any information known to the Department as the776
public entity responsible for regulating hydraulic fracturing777
operations, including, but not limited to, inspections of the778
proposed well site as necessary to ensure adequate review of the779
application.780
(c) The Department shall, by U.S. Mail and electronic781
transmission, provide the applicant with a copy of the hydraulic782
fracturing permit as issued or its final administrative decision783
denying the permit to the applicant and shall, by U.S. Mail or784
electronic transmission, provide a copy of the permit as issued785
or the final administrative decision to any person or unit of786
local government who received specific public notice under787
Section 8 of this Act or submitted comments or participated in788
any public hearing under Section 10 of this Act.789
(d) The Department's decision to approve or deny a790
hydraulic fracturing permit shall be considered a final791
administrative decision subject to judicial review under the792
Administrative Procedure Act and the rules adopted under that793
Law.794
(e) Following completion of the Department's review and795
approval process, the Department's website shall indicate796
whether an individual hydraulic fracturing permit was approved797
or denied and provide a copy of the approval or denial.798
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Section 13. Hydraulic fracturing permit; conditions;799
restriction; modifications.800
(a) Each permit issued by the Department under this Act801
shall require the permittee to comply with all provisions of802
this Act and all other applicable local, State, and federal803
laws, rules, and regulations in effect at the time the permit is804
issued. All plans submitted with the application under Section 8805
shall be conditions of the permit.806
(b) A permit issued under this Act shall continue in807
effect until plugging and restoration in compliance with this808
Act and ss. 377.01-377.43, Florida Statutes are completed to the809
Department's satisfaction. No permit may be transferred to810
another person without approval of the Department.811
(c) No permit issued under this Act may be modified812
without approval of the Department. If the Department determines813
that the proposed modifications constitute a significant814
deviation from the terms of the original application and permit815
approval, or presents a serious risk to public health, life,816
property, aquatic life, or wildlife, the Department shall817
provide the opportunities for notice, comment, and hearing818
required under Sections 10 and 11 of this Act. The Department819
shall provide notice of the proposed modification and820
opportunity for comment and hearing to the persons who received821
specific public notice under Section 9 of this Act and shall822
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publish the notice and the proposed modification on its website.823
The Department shall adopt rules regarding procedures for a824
permit modification.825
Section 14. Hydraulic fracturing permit; denial,826
suspension, or revocation.827
(a) The Department may suspend, revoke, or refuse to issue828
a hydraulic fracturing permit under this Act for one or more of829
the following causes:830
(1) providing incorrect, misleading, incomplete, or831
materially untrue information in a permit application or any832
document required to be filed with the Department;833
(2) violating any condition of the permit;834
(3) violating any provision of or any regulation835
adopted under this Act or ss. 377.01-377.43, Florida Statutes.;836
(4) using fraudulent, coercive, or dishonest837
practices, or demonstrating incompetence, untrustworthiness, or838
financial irresponsibility in the conduct of business in this839
State or elsewhere;840
(5) having a hydraulic fracturing permit, or its841
equivalent, revoked in any other state, province, district, or842
territory for incurring a material or major violation or using843
fraudulent or dishonest practices; or844
(6) an emergency condition exists under which conduct845
of the hydraulic fracturing operations would pose a significant846
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hazard to public health, aquatic life, wildlife, or the847
environment.848
(b) In every case in which a permit is suspended or849
revoked, the Department shall serve notice of its action,850
including a statement of the reasons for the action, either851
personally or by certified mail, receipt return requested, to852
the permittee.853
(c) The order of suspension or revocation of a permit854
shall take effect upon issuance of the order. The permittee may855
request, in writing, within 30 days after the date of receiving856
the notice, a hearing. Except as provided under subsection (d)857
of this Section, in the event a hearing is requested, the order858
shall remain in effect until a final order is entered pursuant859
to the hearing.860
(d) The order of suspension or revocation of a permit861
maybe stayed if requested by the permittee and evidence is862
submitted demonstrating that there is no significant threat to863
the public health, aquatic life, wildlife, or the environment if864
the operation is allowed to continue.865
(e) The hearing shall be held at a time and place866
designated by the Department. The Director of the Department or867
any administrative law judge designated by him or her have the868
power to administer oaths and affirmations, subpoena witnesses869
and compel their attendance, take evidence, and require the870
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production of books, papers, correspondence, and other records871
or information that he or she considers relevant or material.872
(f) The costs of the administrative hearing shall be set873
by rule and shall be borne by the permittee.874
(g) The Department's decision to suspend or revoke a875
hydraulic fracturing permit is subject to judicial review under876
the Administrative Procedure Act.877
Section 15. Hydraulic fracturing permit; bonds.878
(a) An applicant for a hydraulic fracturing permit under879
this Act shall provide a bond, executed by a surety authorized880
to transact business in this State. The bond shall be in the881
amount of $500,000 per permit. In lieu of a bond, the applicant882
may provide other collateral securities such as cash,883
certificates of deposit, or irrevocable letters of credit under884
the terms and conditions as the Department may provide by rule.885
The Department shall require a larger or separate bond or886
security in addition to the single well or security for a887
particular well or wells where the circumstances indicate that888
the standard condition and amount would not be sufficient to889
cover a reasonable estimate of potential liability for damages890
to persons or property.891
(b) Liability under the bond shall continue until the well892
has been properly plugged in accordance with this act and for a893
period of one year after filing of the certificate of plugging894
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with the Department. The bond or other collateral securities895
shall remain in force until the well is plugged and abandoned.896
Upon abandoning a well to the satisfaction of the Department and897
in accordance with ss. 377.01-377.43, Florida Statutes, the bond898
or other collateral securities shall be promptly released by the899
Department. Upon the release by the Department of the bond or900
other collateral securities, any cash or collateral securities901
deposited shall be returned by the Department to the applicant902
who deposited it.903
(c) If, after notice and hearing, the Department904
determines that any of the requirements of this Act or rules905
adopted under this Act or the orders of the Department have not906
been complied with within the time limit set by any notice of907
violation issued under this Act, the permittee's bond or other908
collateral securities shall be forfeited. Forfeiture under this909
subsection shall not limit any duty of the permittee to mitigate910
or remediate harms or foreclose enforcement by the Department.911
In no way will payment under this bond exceed the aggregate912
penalty as specified.913
(d) When any bond or other collateral security is914
forfeited under the provisions of this Act or rules adopted915
under this Act, the Department shall collect the forfeiture916
without delay. The surety shall have 30 days to submit payment917
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for the bond after receipt of notice by the permittee of the918
forfeiture.919
(e) All forfeitures shall be deposited in the Department920
of Environmental Protection Petroleum Trust Account to be used,921
as necessary, to mitigate or remediate violations of this Act or922
rules adopted under this Act.923
Section 16. Well preparation, construction, and drilling.924
(a) This Section shall apply to all horizontal wells that925
are to be completed using hydraulic fracturing operations under926
a hydraulic fracturing permit. The requirements of this Section927
shall be in addition to any other laws or rules regarding wells928
and well sites.929
(b) Site preparation standards shall be as follows:930
(1) The access road to the well site must be located931
as far as practical from occupied structures, places of932
assembly, and property lines of unleased property.933
(2) Unless otherwise approved or directed by the934
Department, all topsoil stripped to facilitate the construction935
of the well pad and access roads must be stockpiled, stabilized,936
and remain on site for use in either partial or final937
reclamation. In the event it is anticipated that the final938
reclamation shall take place in excess of one year from drilling939
the well the topsoil may be disposed of in any lawful manner940
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provided the operator reclaims the site with topsoil of similar941
characteristics of the topsoil removed.942
(3) Piping, conveyances, valves, and tanks in contact943
with hydraulic fracturing fluid, hydraulic fracturing flowback,944
or produced water must be constructed of materials compatible945
with the composition of the hydraulic fracturing fluid,946
hydraulic fracturing flowback, and produced water.947
(4) The improvement, construction, or repair of a948
publicly owned highway or roadway, if undertaken by the owner,949
operator, permittee, or any other private entity, shall be950
performed using bidding procedures outlined in the Florida951
Department of Transportation rules governing local roads.952
(c) Site maintenance standards shall be as follows:953
(1) Secondary containment is required for all fueling954
tanks.955
(2) Fueling tanks shall be subject to Section 6 of956
this Act.957
(3) Fueling tank filling operations shall be958
supervised at the fueling truck and at the tank if the tank is959
not visible to the fueling operator from the truck.960
(4) Troughs, drip pads, or drip pans are required961
beneath the fill port of a fueling tank during filling962
operations if the fill port is not within the secondary963
containment required by paragraph (1) of this subsection.964
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(d) All wells shall be constructed, and casing and965
cementing activities shall be conducted, in a manner that shall966
provide for control of the well at all times, prevent the967
migration of oil, gas, and other fluids into the fresh water and968
coal seams, and prevent pollution or diminution of fresh water.969
In addition to any of the Department's casing and cementing970
requirements, the following shall apply:971
(1) All casings must conform to the current industry972
standards published by the American Petroleum Institute.973
(2) Casing thread compound and its use must conform974
to the current industry standards published by the American975
Petroleum Institute.976
(3) Surface casing shall be centralized at the shoe,977
above and below a stage collar or diverting tool, if run, and978
through usable-quality water zones. In non-deviated holes, pipe979
centralization as follows is required: a centralizer shall be980
placed every fourth joint from the cement shoe to the ground981
surface or to the bottom of the cellar. All centralizers shall982
meet specifications in, or equivalent to, API spec 10D,983
Specification for Bow-Spring Casing Centralizers; API Spec 10984
TR4, Technical Report on Considerations Regarding Selection of985
Centralizers for Primary Cementing Operations; and API RP 10D-2,986
Recommended Practice for Centralizer Placement and Stop Collar987
Testing. The Department may require additional centralization as988
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necessary to ensure the integrity of the well design is989
adequate. All centralizers must conform to the current industry990
standards published by the American Petroleum Institute.991
(4) Cement must conform to current industry standards992
published by the American Petroleum Institute and the cement993
slurry must be prepared to minimize its free water content in994
accordance with the current industry standards published by the995
American Petroleum Institute; the cement must also:996
(A) secure the casing in the wellbore;997
(B) isolate and protect fresh groundwater;998
(C) isolate abnormally pressured zones, lost999
circulation zones, and any potential flow zones including1000
hydrocarbon and fluid-bearing zones;1001
(D) properly control formation pressure and any1002
pressure from drilling, completion and production;1003
(E) protect the casing from corrosion and1004
degradation; and1005
(F) prevent gas flow in the annulus.1006
(5) Prior to cementing any casing string, the1007
borehole must be circulated and conditioned to ensure an1008
adequate cement bond.1009
(6) A pre-flush or spacer must be pumped ahead of the1010
cement.1011
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(7) The cement must be pumped at a rate and in a flow1012
regime that inhibits channeling of the cement in the annulus.1013
(8) Cement compressive strength tests must be1014
performed on all surface, intermediate, and production casing1015
strings; after the cement is placed behind the casing, the1016
operator shall wait on cement to set until the cement achieves a1017
calculated compressive strength of at least 500 pounds per1018
square inch, and a minimum of 8 hours before the casing is1019
disturbed in any way, including installation of a blowout1020
preventer. The cement shall have a 72-hour compressive strength1021
of at least 1,200 psi, and the free water separation shall be no1022
more than 6 milliliters per 250 milliliters of cement, tested in1023
accordance with current American petroleum Institute standards.1024
(9) A copy of the cement job log for any cemented1025
casing string in the well shall be maintained in the well file1026
and available to the Department upon request.1027
(10) Surface casing shall be used and set to a depth1028
of at least 200 feet, or 100 feet below the base of the deepest1029
fresh water, whichever is deeper, but no more than 200 feet1030
below the base of the deepest fresh water and prior to1031
encountering any hydrocarbon-bearing zones. The surface casing1032
must be run and cemented as soon as practicable after the hole1033
has been adequately circulated and conditioned.1034
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(11) The Department must be notified at least 24 hours1035
prior to surface casing cementing operations. Surface casing1036
must be fully cemented to the surface with excess cements.1037
Cementing must be by the pump and plug method with a minimum of1038
25% excess cement with appropriate lost circulation material,1039
unless another amount of excess cement is approved by the1040
Department. If cement returns are not observed at the surface,1041
the operator must perform remedial actions as appropriate.1042
(12) Intermediate casing must be installed when1043
necessary to isolate fresh water not isolated by surface casing1044
and to seal off potential flow zones, anomalous pressure zones,1045
lost circulation zones and other drilling hazards.1046
Intermediate casing must be set to protect fresh water if1047
surface casing was set above the base of the deepest fresh1048
water, if additional fresh water was found below the surface1049
casing shoe, or both. Intermediate casing used to isolate fresh1050
water must not be used as the production string in the well in1051
which it is installed, and may not be perforated for purposes of1052
conducting a hydraulic fracture treatment through it.1053
When intermediate casing is installed to protect fresh1054
water, the operator shall set a full string of new intermediate1055
casing at least 100 feet below the base of the deepest fresh1056
water and bring cement to the surface. In instances where1057
intermediate casing was set solely to protect fresh water1058
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encountered below the surface casing shoe, and cementing to the1059
surface is technically infeasible, would result in lost1060
circulation, or both, cement must be brought to a minimum of 6001061
feet above the shallowest fresh water zone encountered below the1062
surface casing shoe or to the surface if the fresh water zone is1063
less than 600 feet from the surface. The location and depths of1064
any hydrocarbon-bearing zones or fresh water zones that are open1065
to the wellbore above the casing shoe must be confirmed by1066
coring, electric logs, or testing and must be reported to the1067
Department.1068
In the case that intermediate casing was set for a reason1069
other than to protect strata that contains fresh water, the1070
intermediate casing string shall be cemented from the shoe to a1071
point at least 600 true vertical feet above the shoe. If there1072
is a hydrocarbon bearing zone capable of producing exposed above1073
the intermediate casing shoe, the casing shall be cemented from1074
the shoe to a point at least 600 true vertical feet above the1075
shallowest hydrocarbon bearing zone or to a point at least 2001076
feet above the shoe of the next shallower casing string that was1077
set and cemented in the well (or to the surface if less than 2001078
feet).1079
(13) The Department must be notified prior to1080
intermediate casing cementing operations. Cementing must be by1081
the pump and plug method with a minimum of 25% excess cement. A1082
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radial cement bond evaluation log, or other evaluation approved1083
by the Department, must be run to verify the cement bond on the1084
intermediate casing. Remedial cementing is required if the1085
cement bond is not adequate for drilling ahead.1086
(14) Production casing must be run and fully cemented1087
to 500 feet above the top perforated zone, if possible. The1088
Department must be notified at least 24 hours prior to1089
production casing cementing operations. Cementing must be by the1090
pump and plug method with a minimum of 25% excess cement.1091
(15) At any time, the Department, as it deems1092
necessary, may require installation of an additional cemented1093
casing string or strings in the well.1094
(16) After the setting and cementing of a casing1095
string, except the conductor casing, and prior to further1096
drilling, the casing string shall be tested with fresh water,1097
mud, or brine to no less than 0.22 psi per foot of casing string1098
length or 1,500 psi, whichever is greater but not to exceed 70%1099
of the minimum internal yield, for at least 30 minutes with less1100
than a 5% pressure loss, except that any casing string that will1101
have pressure exerted on it during stimulation of the well shall1102
be tested to at least the maximum anticipated treatment1103
pressure. If the pressure declines more than 5% or if there are1104
other indications of a leak, corrective action shall be taken1105
before conducting further drilling and hydraulic fracturing1106
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operations. The operator shall contact the Department's District1107
Office for any county in which the well is located at least 241108
hours prior to conducting a pressure test to enable an inspector1109
to be present when the test is done. A record of the pressure1110
test must be maintained by the operator and must be submitted to1111
the Department on a form prescribed by the Department prior to1112
conducting hydraulic fracturing operations. The actual pressure1113
must not exceed the test pressure at any time during hydraulic1114
fracturing operations.1115
(17) Any hydraulic fracturing string used in the1116
hydraulic fracturing operations must be either strung into a1117
production liner or run with a packer set at least 100 feet1118
below the deepest cement top and must be tested to not less than1119
the maximum anticipated treating pressure minus the annulus1120
pressure applied between the hydraulic fracturing string and the1121
production or immediate casing. The pressure test shall be1122
considered successful if the pressure applied has been held for1123
30 minutes with no more than 5% pressure loss. A function-tested1124
relief valve and diversion line must be installed and used to1125
divert flow from the hydraulic fracturing string-casing annulus1126
to a covered watertight steel tank in case of hydraulic1127
fracturing string failure. The relief valve must be set to limit1128
the annular pressure to no more than 95% of the working pressure1129
rating of the casings forming the annulus. The annulus between1130
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the hydraulic fracturing string and casing must be pressurized1131
to at least 250 psi and monitored.1132
(18) After a successful pressure test under paragraph1133
(16) of this subsection, a formation pressure integrity test1134
must be conducted below the surface casing and below all1135
intermediate casing. The operator shall notify the Department's1136
District Office for any county in which the well is located at1137
least 24 hours prior to conducting a formation pressure1138
integrity test to enable an inspector to be present when the1139
test is done. A record of the pressure test must be maintained1140
by the operator and must be submitted to the Department on a1141
form prescribed by the Department prior to conducting hydraulic1142
fracturing operations. The actual hydraulic fracturing treatment1143
pressure must not exceed the test pressure at any time during1144
hydraulic fracturing operations.1145
(e) Blowout prevention standards shall be set as follows:1146
(1) The operator shall use blowout prevention1147
equipment after setting casing with a competent casing seat.1148
Blowout prevention equipment shall be in good working condition1149
at all times.1150
(2) The operator shall use pipe fittings, valves, and1151
unions placed on or connected to the blow-out prevention systems1152
that have a working pressure capability that exceeds the1153
anticipated pressures.1154
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(3) During all drilling and completion operations1155
when a blowout preventer is installed, tested, or in use, the1156
operator or operator's designated representative shall be1157
present at the well site and that person or personnel shall have1158
a current well control certification from an accredited training1159
program that is acceptable to the Department. The certification1160
shall be available at the well site and provided to the1161
Department upon request.1162
(4) Appropriate pressure control procedures and1163
equipment in proper working order must be properly installed and1164
employed while conducting drilling and completion operations1165
including tripping, logging, running casing into the well, and1166
drilling out solid-core stage plugs.1167
(5) Pressure testing of the blowout preventer and1168
related equipment for any drilling or completion operation must1169
be performed. Testing must be conducted in accordance with1170
current industry standards published by the American Petroleum1171
Institute. Testing of the blowout preventer shall include1172
testing after the blowout preventer is installed on the well but1173
prior to drilling below the last cemented casing seat. Pressure1174
control equipment, including the blowout preventer, that fails1175
any pressure test shall not be used until it is repaired and1176
passes the pressure test.1177
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(6) A remote blowout preventer actuator, that is1178
powered by a source other than rig hydraulics, shall be located1179
at least 50 feet from the wellhead and have an appropriate rated1180
working pressure.1181
Section 17. Hydraulic fracturing operations.1182
(a) General.1183
(1) During all phases of hydraulic fracturing1184
operations, the permittee shall comply with all terms of the1185
permit.1186
(2) All phases of hydraulic fracturing operations1187
shall be conducted in a manner that shall not pose a risk to1188
public health, life, property, aquatic life, or wildlife.1189
(3) The permittee shall notify the Department by1190
phone, electronic communication, or letter, at least 48 hours1191
prior to the commencement of hydraulic fracturing operations.1192
(b) Integrity tests and monitoring.1193
(1) Before the commencement of hydraulic fracturing1194
operations, all mechanical integrity tests required under1195
subsection (d) of Section 16 and this subsection must be1196
successfully completed.1197
(2) Prior to commencing hydraulic fracturing1198
operations and pumping of hydraulic fracturing fluid, the1199
injection lines and manifold, associated valves, fracture head1200
or tree and any other wellhead component or connection not1201
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previously tested must be tested with fresh water, mud, or brine1202
to at least the maximum anticipated treatment pressure for at1203
least 30 minutes with less than a 5% pressure loss. A record of1204
the pressure test must be maintained by the operator and made1205
available to the Department upon request. The actual hydraulic1206
fracturing treatment pressure must not exceed the test pressure1207
at any time during hydraulic fracturing operations.1208
(3) The pressure exerted on treating equipment1209
including valves, lines, manifolds, hydraulic fracturing head or1210
tree, casing and hydraulic fracturing string, if used, must not1211
exceed 95% of the working pressure rating of the weakest1212
component. Hydraulic fracturing treatment pressure must not1213
exceed the test pressure of any given component at any time1214
during hydraulic fracturing operations.1215
(4) During hydraulic fracturing operations, all1216
annulus pressures, the injection pressure, and the rate of1217
injection shall be continuously monitored and recorded. The1218
records of the monitoring shall be maintained by the operator1219
and shall be provided to the Department upon request at any time1220
up to and including 5 years after the well is permanently1221
plugged or abandoned.1222
(5) Hydraulic fracturing operations must be1223
immediately suspended if any anomalous pressure or flow1224
condition or any other anticipated pressure or flow condition is1225
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occurring in a way that indicates the mechanical integrity of1226
the well has been compromised and continued operations pose a1227
risk to the environment. Remedial action shall be undertaken1228
immediately prior to re-commencing hydraulic fracturing1229
operations. The permittee shall notify the Department within 11230
hour of suspending operations for any matters relating to the1231
mechanical integrity of the well or risk to the environment.1232
(c) Fluid and waste management.1233
(1) For the purposes of storage at the well site and1234
except as provided in paragraph (2) of this subsection,1235
hydraulic fracturing additives, hydraulic fracturing fluid,1236
hydraulic fracturing flowback, and produced water shall be1237
stored in above-ground tanks during all phases of drilling,1238
hydraulic fracturing, and production operations until removed1239
for proper disposal. For the purposes of centralized storage off1240
site for potential reuse prior to disposal, hydraulic fracturing1241
additives, hydraulic fracturing fluid, hydraulic fracturing1242
flowback, and produced water shall be stored in above-ground1243
tanks.1244
(2) In accordance with the plan required by Section 81245
of this Act and as approved by the Department, the use of a1246
reserve pit is allowed for the temporary storage of hydraulic1247
fracturing flowback. The reserve pit shall be used only in the1248
event of a lack of capacity for tank storage due to higher than1249
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expected volume or rate of hydraulic fracturing flowback, or1250
other unanticipated flowback occurrence. Any reserve pit must1251
comply with the following construction standards and liner1252
specifications:1253
(A) the synthetic liner material shall have a1254
minimum thickness of 24 mils with high puncture and tear1255
strength and be impervious and resistant to deterioration;1256
(B) the pit lining system shall be designed to1257
have a capacity at least equivalent to 110% of the maximum1258
volume of hydraulic fracturing flowback anticipated to be1259
recovered;1260
(C) the lined pit shall be constructed,1261
installed, and maintained in accordance with the manufacturers'1262
specifications and good engineering practices to prevent1263
overflow during any use;1264
(D) the liner shall have sufficient elongation1265
to cover the bottom and interior sides of the pit with the edges1266
secured with at least a 12 inch deep anchor trench around the1267
pit perimeter to prevent any slippage or destruction of the1268
liner materials; and1269
(E) the foundation for the liner shall be free1270
of rock and constructed with soil having a minimum thickness of1271
12 inches after compaction covering the entire bottom and1272
interior sides of the pit.1273
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(3) Fresh water may be stored in tanks or pits at the1274
election of the operator.1275
(4) Tanks required under this subsection must be1276
above-ground tanks that are closed, watertight, and will resist1277
corrosion. The permittee shall routinely inspect the tanks for1278
corrosion.1279
(5) Hydraulic fracturing fluids and hydraulic1280
fracturing flowback must be removed from the well site within 601281
days after completion of hydraulic fracturing operations, except1282
that any excess hydraulic fracturing flowback captured for1283
temporary storage in a reserve pit as provided in paragraph (2)1284
of this subsection must be removed from the well site within 71285
days. Well completion reports shall be submitted within 60 days1286
after completion of hydraulic fracturing operations.1287
(6) Tanks, piping, and conveyances, including valves,1288
must be constructed of suitable materials, be of sufficient1289
pressure rating, be able to resist corrosion, and be maintained1290
in a leak-free condition. Fluid transfer operations from tanks1291
to tanker trucks must be supervised at the truck and at the tank1292
if the tank is not visible to the truck operator from the truck.1293
During transfer operations, all interconnecting piping must be1294
supervised if not visible to transfer personnel at the truck and1295
tank.1296
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(7) Hydraulic fracturing flowback must be tested for1297
volatile organic chemicals, semi-volatile organic chemicals,1298
inorganic chemicals, heavy metals, and naturally occurring1299
radioactive material prior to removal from the site. Testing1300
shall occur once per well site and the analytical results shall1301
be filed with the Department, and provided to the liquid1302
oilfield waste transportation and disposal operators. Prior to1303
plugging and site restoration, the ground adjacent to the1304
storage tanks and any hydraulic fracturing flowback reserve pit1305
must be measured for radioactivity and toxicity.1306
(8) Hydraulic fracturing flowback may only be1307
disposed of by injection into a Class II injection well that is1308
below interface between fresh water and naturally occurring1309
Class IV groundwater. Produced water may be disposed of by1310
injection in a permitted enhanced oil recovery operation.1311
Hydraulic fracturing flowback and produced water may be treated1312
and recycled for use in hydraulic fracturing fluid for hydraulic1313
fracturing operations at the same site.1314
(9) Discharge of hydraulic fracturing fluids,1315
hydraulic fracturing flowback, and produced water into any1316
surface water or water drainage way is prohibited.1317
(10) Transport of all hydraulic fracturing fluids,1318
hydraulic fracturing flowback, and produced water by vehicle for1319
disposal must be undertaken by a liquid oilfield waste hauler1320
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permitted by the Department. The liquid oilfield waste hauler1321
transporting hydraulic fracturing fluids, hydraulic fracturing1322
flowback, or produced water under this Act shall comply with all1323
laws, rules, and regulations concerning liquid oilfield waste.1324
(11) Drill cuttings, drilling fluids, and drilling1325
wastes not containing oil-based mud or polymer-based mud may be1326
stored in tanks or pits. Pits used to store cuttings, fluids,1327
and drilling wastes from wells not using fresh water mud shall1328
be subject to the construction standards identified in (2) of1329
this Section. Drill cuttings not contaminated with oil-based mud1330
or polymer-based mud may be disposed of onsite subject to the1331
approval of the Department. Drill cuttings contaminated with1332
oil-based mud or polymer-based mud shall not be disposed of on1333
site. Annular disposal of drill cuttings or fluid is prohibited.1334
(12) Any release of