florida hydraulic fracturing regulatory act - rev 1-2

8/10/2019 Florida Hydraulic Fracturing Regulatory Act - Rev 1-2

1/126

1

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


2/126

2

"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


3/126

3

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


4/126

4

"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


5/126

5

"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


6/126

6

"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


7/126

7

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


"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


"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


8/126

8

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


9/126

9

"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


10/126

10

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


11/126

11

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


12/126

12

(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


13/126

13

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


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


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


14/126

14

(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


15/126

15

(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


16/126

16

(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


17/126

17

(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


18/126

18

(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


19/126

19

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


20/126

20

(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


21/126

21

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


22/126

22

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


23/126

23

(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


24/126

24

(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


25/126

25

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


26/126

26

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


27/126

27

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


28/126

28

(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


29/126

29

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


30/126

30

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


31/126

31

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


32/126

32

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


33/126

33

(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


34/126

34

(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


35/126

35

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


36/126

36

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


37/126

37

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


38/126

38

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


39/126

39

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


40/126

40

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


41/126

41

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


42/126

42

(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


43/126

43

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


44/126

44

(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


45/126

45

(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


46/126

46

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


47/126

47

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


48/126

48

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


49/126

49

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


50/126

50

(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


51/126

51

(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


52/126

52

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


53/126

53

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


54/126

54

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


55/126

55

(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


56/126

56

(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


57/126

57

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

florida hydraulic fracturing regulatory act - rev 1-2

Documents