South Dakota Administrative Code

Rule 74:12:04:05 Vented casinghead gas -- Volume to be measured. 74:12:04:05. Vented casinghead gas -- Volume to be measured. All casinghead gas not put to some useful purpose shall be burned, and the volume shall be reported to the secretary. Casinghead gas that contains high co…

Rule 74:12:04:06 Use of vacuum prohibited. 74:12:04:06. Use of vacuum prohibited. Vacuum pumps or other devices may not be used to create a partial vacuum in any stratum containing oil or gas. Source: 38 SDR 117, effective January 12, 2012. General Authority: SDCL 45-9-13. Law Im…

Rule 74:12:04:07 Oil to be measured before being sent to collection point. 74:12:04:07. Oil to be measured before being sent to collection point. Oil may not be transported from a tank battery or a central collection point until its volume has been determined in barrels of oil th…

Rule 74:12:04:08 Tank battery meters to be checked -- Reports. 74:12:04:08. Tank battery meters to be checked -- Reports. After metering equipment has been installed on central tank batteries, the meters shall be checked annually as approved by the secretary. The results of the t…

Rule 74:12:04:09 Oil storage in open receptacles prohibited -- Fire walls required on oil tanks. 74:12:04:09. Oil storage in open receptacles prohibited -- Fire walls required on oil tanks. Oil may not be stored or retained in earthen reservoirs or in open receptacles. Dikes or f…

Rule 74:12:04:10 Immediate notice by telephone, facsimile, or email required of fire, releases, breaks, leaks, or blowouts. 74:12:04:10. Immediate notice by telephone, facsimile, or email required of fire, releases, breaks, leaks, or blowouts. A person controlling or operating an…

Rule 74:12:04:11 Written follow-up report required. 74:12:04:11. Written follow-up report required. All telephone, facsimile, or email reports of fire, releases, breaks, leaks, and blowouts must be followed with a written report within 30 days. The written report must include: (1…

Rule 74:12:04:12 Remediation and disposal of soils contaminated by crude oil. 74:12:04:12. Remediation and disposal of soils contaminated by crude oil. All visibly contaminated soil resulting from crude oil releases at operating oil wells, tank batteries, and Class II injection w…

Rule 74:12:04:13 Open burning as remediation alternative. 74:12:04:13. Open burning as remediation alternative. The secretary may approve open burning as a remediation alternative for soils contaminated by crude oil. If open burning is to be used, the operator must submit a writt…

Rule 74:12:04:14 Monthly reports of production required. 74:12:04:14. Monthly reports of production required. The operator of a well shall, by the twenty-fifth day of each month after production, file with the secretary a sworn statement showing the amount of oil, gas, and water …

Rule 74:12:04:15 Disposal of produced water. 74:12:04:15. Disposal of produced water. All water produced with oil and gas shall be disposed of by injection in a permitted disposal or enhanced recovery well, by evaporation in an approved pit, or by discharge into a surface water s…

Rule 74:12:04:16 Approval required for construction of produced water handling facilities. 74:12:04:16. Approval required for construction of produced water handling facilities. Operators must obtain written approval from the secretary before constructing or converting an earthen…

Rule 74:12:04:17 Pits to be constructed and operated to protect certain birds and other species. 74:12:04:17. Pits to be constructed and operated to protect certain birds and other species. Any permanent or semipermanent pit used for the production of oil or gas must be construct…

Rule 74:12:04:18 Transfer of oil and gas operations. 74:12:04:18. Transfer of ownership of oil and gas operations. The current operator of any oil, gas, or Class II injection well shall submit to the department a completed notice of transfer of ownership or operation, on a form p…

Rule 74:12:05:01 Annual tests required to determine potential of gas wells. 74:12:05:01. Annual tests required to determine potential of gas wells. Each operator shall annually test all gas wells from which gas is being used or marketed to determine daily open flow potential volu…

Rule 74:12:05:02 Method for making pressure tests -- Special orders -- Filing. 74:12:05:02. Method for making pressure tests -- Special orders -- Filing. Each operator shall measure the shut-in pressure on all wells with a calibrated gauge annually. Shut-in pressure tests shall b…

Rule 74:12:05:03 Gas from gas wells to be measured. 74:12:05:03. Gas from gas wells to be measured. All gas produced shall be measured by metering or other methods approved by the secretary. Results must be reported to the secretary by the operator in cubic feet of gas. Gas produ…

Rule 74:12:05:04 Gas waste prohibited. 74:12:05:04. Gas waste prohibited. No gas from a completed gas well may be permitted to escape to the air except as necessary for cleaning or testing. Source: 38 SDR 117, effective January 12, 2012. General Authority: SDCL 45-9-13. Law Imple…

Rule 74:12:06:01 Application for unit operations. 74:12:06:01. Application for unit operations. Pursuant to the provisions of chapter 74:09:01, an operator may file an application to conduct unit operations for any specified oil, gas, or injection wells in a common pool. The appl…

Rule 74:12:07:01 Requirements for injection well application and modifications. 74:12:07:01. Requirements for injection well application and modifications. The injection of any substance for the purpose of maintaining reservoir pressure, for enhanced recovery operations, for disp…

Rule 74:12:07:02 Time to apply. 74:12:07:02. Time to apply. Any person who proposes any underground injection for which a permit is required pursuant to this chapter shall submit a complete application to the secretary in accordance with this chapter at least 90 days before injec…

Rule 74:12:07:03 Application requirements. 74:12:07:03. Application requirements. The application for a permit to inject must contain the following complete information: (1) Maps: (a) For vertical wells, a one-half mile fixed radius area of review plat which shows the location of…

Rule 74:12:07:04 Applicant for permit to inject to notify other operators. 74:12:07:04. Applicant for permit to inject to notify other operators. The applicant shall mail or deliver a copy of the application to each operator in the pool on or before the date the application is fi…

Rule 74:12:07:05 Duration of permit to inject. 74:12:07:05. Duration of permit to inject. Permits to inject issued pursuant to this chapter may be issued for a period up to the operating life of the well. The secretary shall review each permit to inject at least once every five y…

Rule 74:12:07:06 Transfer of permit to inject. 74:12:07:06. Transfer of permit to inject. If permitted injection volumes, pressures, and fluid characteristics remain unchanged, a permit to inject may be transferred to a new owner or operator by using the transfer of ownership or …

Rule 74:12:07:07 Termination of permit to inject. 74:12:07:07. Termination of permit to inject. The secretary may terminate a permit to inject for the following causes: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's failure in the applica…

Rule 74:12:07:08 Major modifications. 74:12:07:08. Major modifications. Modifications of permits to inject issued pursuant to this chapter that cannot be processed as a minor modification under § 74:12:07:09 must conform to the application and notice of recommendation procedure i…

Rule 74:12:07:09 Minor modifications. 74:12:07:09. Minor modifications. The secretary, with the consent of the owner or operator of the injection well, may modify a permit to inject to make corrections or allowances to the permit, if the corrections or allowances are listed in th…

Rule 74:12:07:10 Casing and cementing of injection wells. 74:12:07:10. Casing and cementing of injection wells. Wells used for the injection of any substance must be constructed with adequate casing, tubing, and packer. There shall be no leak in the casing, tubing, or packer that…

Rule 74:12:07:11 Notice of commencement and discontinuance of injection operations. 74:12:07:11. Notice of commencement and discontinuance of injection operations. The following provisions for notice of commencement and discontinuance of injection operations apply to all injectio…

Rule 74:12:07:12 Monitoring of injected fluids. 74:12:07:12. Monitoring of injected fluids. The owner or operator shall monitor the nature of the injected fluids at least once within the first year of injection activity and thereafter when changes are made to the fluid. All water…

Rule 74:12:07:13 Injection project records. 74:12:07:13. Injection project records. The operator of an injection project shall keep accurate records and shall report at least annually the amount of fluid produced, the volumes of fluid injected, and the average and maximum injecti…

Rule 74:12:07:14 Retention of records. 74:12:07:14. Retention of records. The owner or operator shall retain records of all monitoring information, including the following: (1) Calibration and maintenance records and all original strip chart recordings for continuous monitoring i…

Rule 74:12:07:15 Inspection and monitoring of injection project. 74:12:07:15. Inspection and monitoring of injection project. The secretary may sample injection fluids at any time during the inspection and may inspect all injection facilities pursuant to the provisions of §§ 74:1…

Rule 74:12:07:16 Reporting mechanical problems, well failures, or malfunctions of the injection system. 74:12:07:16. Reporting of mechanical problems, well failures, or malfunctions of the injection system. The owner or operator shall report any mechanical problem, well failure, …

Rule 74:12:07:17 Injection prohibited. 74:12:07:17. Injection prohibited. Injection between the outermost casing protecting freshwater resources and well bore is prohibited. Source: 38 SDR 117, effective January 12, 2012. General Authority: SDCL 45-9-11, 45-9-13. Law Implemented:…

Rule 74:12:07:18 Demonstration of mechanical integrity required. 74:12:07:18. Demonstration of mechanical integrity required. The operator of an injection project shall demonstrate the mechanical integrity of a new or converted injection well prior to operation. All injection wel…

Rule 74:12:07:19 Notice of lack of mechanical integrity. 74:12:07:19. Notice of lack of mechanical integrity. If the secretary determines, pursuant to § 74:12:07:18, that an injection well permitted under this chapter lacks mechanical integrity, the secretary shall notify the own…

Rule 74:12:07:20 Correction of adverse effects required. 74:12:07:20 Correction of adverse effects required. If monitoring or testing indicates that a freshwater resource may be degraded by the injection activities, the operator of an injection well shall make corrections on exis…

Rule 74:12:07:21 Secretary to set maximum injection pressure. 74:12:07:21. Secretary to set maximum injection pressure. The secretary shall set a maximum injection pressure for each well which assures that the pressure in the injection zone during injection does not initiate new …

Rule 74:12:07:22 Secretary to set maximum injection volume. 74:12:07:22. Secretary to set maximum injection volume. The secretary may set a maximum volume of fluid to be injected to ensure that the injection will not cause cross-contamination of aquifers. The secretary shall dete…

Rule 74:12:07:23 Injection well drilling requirements. 74:12:07:23. Injection well drilling requirements. All wells drilled for the purpose of injection of any substance must meet the requirements of §§ 74:12:02:01 to 74:12:02:03, inclusive; 74:12:02:09 to 74:12:02:11, inclusive;…

Rule 74:12:07:24 Designation of exempted aquifer. 74:12:07:24. Designation of exempted aquifer. Following the notice of recommendation procedure in chapter 74:12:09, the secretary may exempt a portion of an aquifer from protection under this chapter and designate it as an exempte…

Rule 74:12:08:01 Books and records to be kept to substantiate reports. 74:12:08:01. Books and records to be kept to substantiate reports. Producers, injectors, transporters, storers, refiners, gasoline or extraction plant operators, and initial purchasers of oil or gas in this st…

Rule 74:12:08:02 Inspections -- Scope. 74:12:08:02. Inspections -- Scope. The secretary may inspect all oil, gas, or injection wells; oil apparatus; pits; tanks; fire walls; dikes; pipelines; and other production, storage, or transportation facilities, records, and reports necess…

Rule 74:12:08:03 Inspections -- Permission. 74:12:08:03. Inspections -- Permission. All applications for permits, approvals, or orders filed under SDCL chapter 45-9 or this article shall contain a notarized statement of the operator granting permission to the secretary for the pe…

Rule 74:12:08:04 Inspections -- Search warrants. 74:12:08:04. Inspections -- Search warrants. The secretary shall obtain a search warrant from the magistrate court in the area of the involved well before conducting an inspection if an operator has withdrawn permission to inspect,…

Rule 74:12:08:05 Pipeline maps required. 74:12:08:05. Pipeline maps required. Pipeline maps indicating the location, size, extensions, and any portions abandoned or not used must be annually filed with the secretary. This section does not apply to lease lines which are only used …

Rule 74:12:09:01 Applicability of procedure. 74:12:09:01. Applicability of procedure. The secretary shall publish a notice of recommendation before issuing, denying, suspending, revoking, transferring, or renewing any permit application or petition filed for the following: (1) Re…

Rule 74:12:09:02 Contents of notice. 74:12:09:02. Contents of notice. A notice of recommendation shall indicate whether the secretary is recommending approval or denial of an application and include any recommended permit conditions. The notice of recommendation must contain a st…