(1) Prior to the issuance of a well-drilling permit for any operation in which the probability exists that brine, salt water or other polluting fluids will be produced or obtained during drilling operations in sufficient quantities to be deleterious to the surrounding environment, the operator must submit and receive approval for a plan for the environmentally safe and proper ultimate disposal of such fluids. For purposes of this subdivision, drilling muds are not considered to be polluting fluids. Before requesting a plan for disposal of such fluids, the department will take into consideration the known geology of the area, the sensitivity of the surrounding environment to the polluting fluids and the history of any other drilling operations in the area. Depending on the method of disposal chosen by the applicant, a permit for discharge and/or disposal may be required by the department in addition to the well-drilling permit. An applicant may also be required to submit an acceptable contingency plan, the use of which shall be required if the primary plan is unsafe or impracticable at the time of disposal.

(2) Brine or salt water may be temporarily stored prior to disposal in any water-tight tank, container or an earthen pit which is underlaid by soil such as heavy clay or hardpan. Impounding of brine or salt water in an earthen pit is prohibited where the soil underlying the pit is porous and/or is closely underlaid by a gravel, rock or sand stratum unless the pit is lined with watertight material. The tank, container or earthen pit shall be constructed and maintained so as to prevent escape of any fluids therefrom, including any amounts that may be added by natural precipitation.

(3) Storage of brine, salt water or other polluting fluids in such watertight tanks or earthen pits, prior to disposal, shall be for a maximum of 45 days after cessation of drilling operations, unless the department approves an extension based on circumstances beyond the operator's control. The department may also approve an extension if the fluid is to be used in subsequent operations according to the submitted plan, and the department has inspected and approved the storage facilities.