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HomeMy WebLinkAboutDSHW-2025-0000431 Division of Waste Management and Radiation Control Solid Waste Management Program Mailing Address Office Location Phone (801) 536-0200 P.O. Box 144880 195 North 1950 West Fax (801) 536-0222 Salt Lake City, Utah 84114-488 Salt Lake City, Utah 84116 www.deq.utah.gov APPLICATION FOR A TEMPORARY PERMIT TO OPERATE AN EXPLORATION AND PRODUCTION WASTE FACILITY In 2019, the Utah Legislature made changes to the Solid and Hazardous Waste Act, Utah Code § 19-6- 101 et seq., which required jurisdiction over the disposal of Oil and Gas Exploration and Production Waste move from the Department of Natural Resources’ Division of Oil, Gas, and Mining (DOGM) to the Department of Environmental Quality’s Division of Waste Management and Radiation Control (DWMRC). In preparation for this regulatory shift, DWMRC has proposed a temporary permitting mechanism for existing Exploration and Production (E&P) facilities as defined in the proposed Utah Admin. Code R315- 301-2(22)(a). The proposed rules state that the Director of DWMRC may issue a temporary permit for the purposes of facilitating the owner’s or operator’s good faith transition from regulation under Utah Admin. Code R649-9 to regulation under Utah Admin. Code R315-321 or R315-322. Applications for temporary permits must be received by the Director of DWMRC no less than 30 days before October 1, 2024. The temporary permits will expire one year from the effective date, which is the date the financial assurance mechanism held by DOGM is transferred to DWMRC. To complete a temporary permit application to operate an E&P facility, an owner or operator of an existing E&P facility must: 1. Register the company in DWMRC’s Community Portal and complete facility information within the Community Portal. 2. Complete the attached Exploration and Production Waste Facility Temporary Permit Application Form. 3. Provide DWMRC with the following required documentation, to the extent it has not already been provided to DWMRC or is not already in DWMRC’s possession: a. Facility map with each landfarm cell, landfill cell, and surface impoundment labeled; b. Copy of Division of Oil, Gas, and Mining Permit; c. Copy of Division of Oil, Gas, and Mining Permit Approval/Issuance Letter; and d. Copy of Division of Oil, Gas, and Mining Bonding (financial assurance). 4. Submit the Application Form and required documentation to DWMRC through the Community Portal Miscellaneous Document Submission. 5. Within 120 days of DWMRC’s issuance of a temporary permit, the financial assurance mechanism held by DOGM must be transferred to DWMRC. If the Director issues a temporary permit, it shall not become effective until the financial assurance mechanism held by DOGM is transferred to DWMRC. An effective temporary permit is required to operate an E&P Facility under DWMRC’s jurisdiction. 2 Exploration and Production Waste Facility Temporary Permit Application Form I. Facility Name and Location Name of Facility: D-3 Produced Water Overflow Pit Facility Address (Street or Directions to Facility) Section 18 Township 15S Range 10E County Carbon City Price Zip Code 84501 Telephone (435) 820-9801 Township 15S Range 10E Section 18 Quarter Section Quarter/Quarter Section Main Gate Latitude: 39.5176513 Longitude: -110.8501181 II. Existing E&P Facilities ☐ Open Landfarm Cell(s) ☒ Evaporation Pond(s) Number of Open Landfarm Cells: Number of Evaporation Ponds: 1 III. Facilities to be Permitted by DWMRC ☐ Landfill Cell(s) ☒ Surface Impoundment(s) Number of Landfill Cells: Number of Surface Impoundments: 1 III. Facility Owner(s) Information Legal Name of Facility Owner Urban Oil and Gas Group, LLC Mailing Address 1000 E 14th Street, Suite 300 City Plano State Texas Zip Code 75074 Telephone (469) 585-6398 IV. Facility Operator(s) Information Legal Name of Facility Operator Urban Oil and Gas Group, LLC Mailing Address 1000 E 14th Street, Suite 300 City Plano State Texas Zip Code 75074 Telephone (469) 585-6398 V. Property Owner(s) Information Is the property leased? No 3 Name of Property Owner: Urban Oil and Gas Group LLC Mailing Address 1000 E 14th Street, Suite 300 City Plano State Texas Zip Code 75074 Telephone (469) 585-6398 VI. Designated Contact Information Facility Owner Designated Contact (if different than above) Kirt Rasmussen Title Production Superintendent Mailing Address 6825 South 5300 City Price State Utah Zip Code 84501 Telephone (435) 820-9801 Email Address KRasmussen@urbanoilandgas.com Alternative Telephone (cell phone or other) None Facility Operator Designated Contact (if different than above) Title Mailing Address City State Zip Code Telephone Email Address Alternative Telephone (cell phone or other) Property Owner Contact (if different than above) Title Mailing Address City State Zip Code Telephone Email Address Alternative Telephone (cell phone or other) VII. Waste Types to be Disposed of (check all that apply) VIII. Facility Area ☒ Exploration and Production wastes that are exempt from hazardous waste rules (R315-260-4(b)(5)). ☐ Very Small Quantity Generator hazardous waste Facility Area: 5 acres Disposal Area: acres IX. Application Documents Indicate documents attached to this application (all are required): ☒ Facility Map with each landfarm cell, landfill cell, and surface impoundment labeled ☒ Copy of Division of Oil, Gas, and Mining Permit ☒ Copy of Division of Oil, Gas, and Mining Approval/Issuance Letter ☒ Copy of Division of Oil, Gas, and Mining Bonding (Financial Assurance) RECEIVED: Mar. 24, 2021 STATE OF UTAH DEPARTMENT OF NATURAL RESOURCES DIVISION OF OIL, GAS, AND MINING FORM 9 SUNDRY NOTICES AND REPORTS ON FACILITIES 1. TYPE OF FACILITY Waste Facility/Non-Commercial 5. FACILITY NAME: Utah D3 2. NAME OF OPERATOR: Urban Oil & Gas Group, LLC 6. FACILITY NUMBER: 102 3. ADDRESS OF OPERATOR: 1000 E 14th Street, Suite 300 , Plano, TX, 75074 7. PHONE NUMBER: 972-543-8823 4. LOCATION OF FACILITY Qtr/Qtr:NWSW Section: 18 Township: 15S Range: 10E Meridian: S COUNTY: CARBON STATE: UTAH 11. CHECK APPROPRIATE BOXES TO INDICATE NATURE OF NOTICE, REPORT, OR OTHER DATA TYPE OF SUBMISSION TYPE OF ACTION WASTE DISPOSAL PERMIT New Facility Construction Repair of Facility Facility Reclamation Facility Status Report Results of Sampling Change to Previous Plans E&P Waste Disposal Facility Permit Other 12. DESCRIBE PROPOSED OR COMPLETED OPERATIONS. Clearly show all pertinent details including dates, depths, volumes, etc. NAME (PLEASE PRINT) Angie Wilson PHONE NUMBER 832-486-6145 TITLE Regulatory Specialist SIGNATURE N/A DATE 9/30/2019 Please Review Attached Conditions December 01, 2023 Sundry Number: 99576 Facility Number: 102 RECEIVED: Dec. 01, 2023 The Utah Division of Oil, Gas, and Mining - State of Utah - Department of Natural Resources Electronic Permitting System - Sundry Notices Sundry Conditions For Facility Number 102 Regulation of oilfield waste disposal facilities is being transferred to the Utah Department of Environmental Quality Division of Waste Management and Radiation Control (WMRC). The Division of Oil, Gas and Mining will no longer be issuing permits for waste disposal facilities. Therefore, this disposal facility permit request is denied. Please contact Brian Speer 385-499-0010 or Bryan Watt 435-503-7658 with WMRC to discuss future permitting of this facility. Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Detailed Site Description  Function of the waste disposal facility: The waste pond is used for disposal of water from our field drips, tank cleanouts as well as water from spill clean ups  Current facility map: See attached drawings  Site descriptions annotated with facility infrastructure and associated function: See attached drawings Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Contamination Assessment  Description of existing contamination with sample results: See attached  Proposed monitoring/remediation: Facility is visited once a day by MSO, Piezometer samples are taken once a week and reported to the state quarterly.  Proposed practices to prevent further contamination: Facility is visited once a day by MSO and fencing and locked gate around facility. Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Water Ion Analysis Report Tuesday, June 4, 2019 Laboratory Sample # : AC85697 Login Batch: 190520021-CWA-CONOCO ResultAnalyte Name Date Received: May 17, 2019 Production Company: CONOCOPHILLIPS Well/Vessel: D 3 Submitted By: TRENT VANLEUVEN Units Collection Point: INJECTION POINT Date Sampled: May 06, 2019 Method Field: UINTA Pad: UTAH mg/L29.46Barium (Ba) mg/L29.28Calcium (Ca) mg/L0.409Iron (Fe) mg/L0.966Lithium (Li) mg/L26.81Magnesium (Mg) mg/L0.011Manganese (Mn) mg/L12.74Strontium (Sr) mg/L0.022Zinc (Zn) Remarks: Validation Date Analyst Anne Spencer June 04, 2019Clinton Lab 801 Marshall Road Clinton, OK 73601 Page 1 of 1 Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Equipment Assessment  Description and assessment of equipment located at the facility: 1- 12” inlet line and valve into the pond from the field in good shape, 1- 12” discharge line and valve from the pond to the disposal well in good shape. 1- 4” truck fill line, we do not use.  Describe in detail service life for equipment used in facility operations Description of testing completed for equipment (tanks, piping, liners, leak detection equipment, evaporation fans): Pond Liner was replaced in 2009, we continue to monitor piezometer’s on a weekly basis and reporting to the state monthly. Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Practices Assessment  Assessment of management practices utilized to operate the facility. Identify alternative practices which could improve operations or reduce probability of future contamination: Pending review of our SWD management program including long term viability of our SWD wells. Sundry Number: 99576 Facility Number: 102 RECEIVED: Sep. 30, 2019 Monitoring Program  Detailed description of monitoring programs in use or being proposed (visual inspections of equipment, pressure tests, leak detection systems, waste accountability, automated systems, proposed practices which can reduce the risk of future contamination): Facility is visited once a day by MSO, Piezometer samples are taking once a week and reported to the state quarterly, fencing and locked gate around facility. Sundry Number: 99576 Facility Number: 102 To: Contact:ConocoPhillips Gilbert Vasquez D3 Pond ReclamationProject Name:Bid Number: Fax:Price, UT 84501 Address:6825 S 5300 W Phone:435-613-9777 Project Location:Price, UTAH Bid Date:8/5/2020 Staker and Parson Companies may withdraw this proposal, unless written acceptance is received from buyer within 30 days of proposal date. Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity 1 1.00 LS $14,300.00 $14,300.00Mobilization 2 765.00 LF $6.30 $4,819.50Remove Chain Link Fence 3 1.00 LS $9,495.00 $9,495.00Remove Move Bird Cage Post & Rail 4 800.00 CY $136.35 $109,080.00Remove Pit Liner & Net 5 1.00 LS $21,030.00 $21,030.00Backfill Pit 6 306.00 LF $19.35 $5,921.10Re-Install Fence Total Price for above Items:$164,645.60 Total Bid Price: $164,645.60 Notes: •**IMPORTANT NOTES** •Bid is based on unit pricing if additional units are used it will be billed by the units used. • Bid is based on today's liquid asphalt price and fuel surcharge which are subject to change at the time of construction, in which owner will be responsible for should there be a difference. • Bid includes only items listed in the above quote. •No cost for bonds, permits, licenses, fees, testing, engineering, traffic control, saw cutting, sterilant, striping, prime coat, paving fabric or fog coat are included in this contract unless listed above as included. • All schedules for completion are to be mutually agreed upon prior to construction. • Bid is based on one mobilization per crew. If additional mobs are required, there will be an additional charge which will be the equal of the bid mobilization unless otherwise noted. • Subgrade is to be within + or - .05 of a foot, no material to be added or removed. • No Davis Bacon Wages are included unless noted above. • Nielson Construction & Materials cannot guarantee proper drainage when slope is less than 2%. •• ASPHALT OIL COST ADJUSTMENT: This contract is subject to an asphalt oil cost adjustment for all asphalt materials included in the contract. Buyer agrees increases or decreases to asphalt oil costs above or below the listed Bench Mark Price, as stated in this proposal, is cause for adjustment to the contract. The Bench Mark Price is based on UDOTs published Binder Index at the time of this proposal. Each $10.00 change to the UDOT Binder Index (published monthly) will require a contract price adjustment of $0.50 per ton of asphalt mix placed during the monthly index cycle. The binder index can be found by searching "binder Index" at www.udot.utah.gov . •TERMS & CONDITIONS : In consideration of the mutual promises set forth herein, Staker Parson Companies with the principal offices listed above (hereinafter referred to as "Staker") and the undersigned, whose full name and address appear above, (hereinafter referred to as "Buyer”) hereby agree as follows: •1. DESCRIPTION OF WORK. Staker will furnish the described materials to the job site designated above and provide the described labor (the material and the labor collectively hereinafter referred to as "the Work'). To the extent the described Work is detailed in Plans and Specifications, such must be provided to Staker before the contract is negotiated. Any changes to the original Plans and Specifications used to prepare this contract may necessitate a change in the contract price. Buyer hereby agrees to execute all necessary change orders outlining the changed Work and prices as submitted by Staker. Bid includes only the items as specified and described above. •2. LIMITATIONS & CHANGES. Unless specified otherwise, this bid does not include payment performance or any other bonds, permits, licenses, fees, testing, engineering, traffic control, flagging, saw cutting, sterilant, striping, bollards, signage and prime coat. Additional work and work in excess of that specified and described above will be handled as a Change Order and MUST BE APPROVED by owner and contractor prior to construction. Bid DOES NOT include engineering, layout or testing unless otherwise stated. Finegrade +/- 1/10' means that the grade is within 1/10' from being finished (GENERALLY ONE PASS WITH A GRADER). Price does not include furnishing additional material or the removal of excess material. Unless otherwise stated, bid does not include raising and concrete collars on manholes, water valves or monuments. General Contractor, owner or developer is responsible for Storm Water Prevention Plan. Staker & Parson Companies will be responsible for Storm Water Prevention for our portion of work only, unless other arrangements are made. 8/10/2020 9:49:04 AM Page 1 of 2 •3. CONTRACT PRICE: To the extent that the above Work is specified as a unit or square foot price, it is agreed that the number of units or square feet indicated is an approximation. Staker shall be paid for the actual Work provided, including the number of units or square feet completed as determined by field measurement. •4. TERMS OF PAYMENT: Buyer shall pay Staker in full at Staker's office identified above within thirty (30) days following the date of Staker's invoices, without retention and regardless of the final completion date of the Work. In the event that payment is not made to Staker as provided herein, Staker shall be entitled to all of its costs incurred in the enforcement of its rights under this contract, including attorney's fees and lien fees, whether or not legal proceedings are instituted. In addition, Staker shall be entitled to interest on all past due payments at the rate of 18% per annum (11/2% per month) from the date payment Is due until payment is received by Staker, whether before or after judgment. •5. CLAIMS OR DEFECTS: Written notice of any alleged claim or defect must be given to Staker at its address shown above not later than five (5) days after the completion of the Work. Failure to give written notice as herein provided shall be and constitute a waiver of any such alleged defects or claims. Staker's sole and exclusive liability shall be to repair, replace, or, upon mutual agreement, credit Buyer's account for defective Work. If repair or replacement is made, Staker shall have a reasonable time to make such repair replacement. IN NO EVENT SHALL STAKER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OR CLAIM THEREOF, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF PROFITS OR USE. •6. PROSECUTION OF WORK: It is contemplated by the parties that the Work specified in this contract shall be completed by this date ore period: __________________________________. At its option, Staker may decline to perform any part of the Work which, through no fault of Staker, Is to be completed beyond this date. In addition, Staker shall not be responsible for any delays in performing the Work due to labor disputes, weather, shortages in material, equipment or labor, acts of God or any other cause beyond its control. In the event of a delay beyond Staker's control, and to the extent reasonably possible, Staker shall complete the Work at the next available opportunity. In the event Staker elects not to perform any further Work beyond the above specified date pursuant to the terms provided herein, Staker shall be paid for all Work provided prior to the said date and shall otherwise be fully relieved of all of its duties and responsibilities under the terms of this contract. •7. PROPERTY DAMAGE: Buyer shall be responsible to direct Staker employees, subcontractors and suppliers as to proper ingress and egress of the property. To the extent such direction is followed or that no direction is given, Staker shall not be responsible for any damage to the property where the Work is being performed, including damage to curbs, gutters and sidewalks. •8. MISCELLANEOUS PROVISIONS: A. Buyer specifically represents and warrants that either Buyer Is the owner of the premises where the Work is to be performed, or, in the alternative, Buyer has written authorization from the owner of the premises authorizing the Work to be performed on the said premises. B. Staker assumes no risk for non-disclosed or unforeseen conditions of the project site, including but not limited to, hazardous waste, soft subgrade or water table problems. C. This contract and the Credit Application referenced below constitute the entire agreement of the parties and no changes or additions to this contract shall be made except in writing signed by both parties. D. This contract shall be construed in accordance with the laws of the State of Utah. E. This contract shall be binding on the heirs, successors or assigns of the parties hereto. F. THIS CONTRACT IS NOT BINDING UNTIL APPROVED BY STAKER'S CREDIT DEPARTMENT. Buyer agrees to furnish a completed Credit Application to Staker prior to or at the execution of this contract. Payment Terms: Bid And Work Contract As per the preceding Bid and Work Contract . Please include your Social Security Number. PERSONAL GUARANTEE I/we unconditionally and individually guarantee the performance of the Buyer under the terms and conditions of the above contract, including all payments and any charges specified therein, including interest, attorney's fees and costs. This guarantee will continue unchanged by any bankruptcy, reorganization, or insolvency of the Buyer. This guarantee may not be withdrawn unless agreed to in writing by Staker Parson Companies. Date: Guarantor(s) PLEASE SIGN AND RETURN ONE COPY ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Nielson Construction & Materials Authorized Signature: Estimator:Hugh Christiansen 435-749-2748 hugh.christiansen@nielsonconstruction.com 8/10/2020 9:49:04 AM Page 2 of 2