Code of Federal Regulations · Section
§ 3177.10 — Construction And Maintenance Requirements For Pits
43 C.F.R. § 3177.10
Inspections will be conducted according to the following requirements and minimum standards during the construction and operation of the pit. Failure to meet the requirements and standards may result in issuance of an Incident of Noncompliance (INC) for the violation. The gravity of the violation, corrective actions, and the normal abatement period allowed are specified for each of the requirements/standards.
(a) Any disposal method that has not been approved shall be considered an incident of noncompliance and may result in the issuance of a shut-in order, assessments, or penalties pursuant to 43 CFR part 3163 until an acceptable disposal method is provided and approved by the authorized officer.
Table 1 to § 3177.10(a)
(b) The operator shall notify the authorized officer to inspect the leak detection system at least 2 business days prior to the installation of the pit liner.
Table 2 to § 3177.10(b)
(c) At least 2 business days prior to its use, the operator shall notify the authorized officer of completion of the pit construction, so that the authorized officer may verify that the pit has been constructed in accordance with the approved plan.
Table 3 to § 3177.10(c)
(d) Lined pit shall be maintained and operated to prevent unauthorized subsurface discharge of water.
Table 4 to § 3177.10(d)
(e) The pit shall be maintained as designed to prevent entrance of surface water by providing adequate surface drainage away from the pit.
Table 5 to § 3177.10(e)
(f) The pit shall be maintained and operated to prevent unauthorized surface discharge of water.
Table 6 to § 3177.10(f)
(g) The outside walls of the pit levee shall be maintained as designed to minimize erosion.
Table 7 to § 3177.10(g)
(h) The pit shall be kept reasonably free from surface accumulation of liquid hydrocarbons that would retard evaporation.
Table 8 to § 3177.10(h)
(i) The operator shall inspect the leak detection system at least once a month or more often if required by the authorized officer in appropriate circumstances. The record of inspection shall describe the result of the inspection by date and shall be kept and made available to the authorized officer upon request.
Table 9 to § 3177.10(i)
(j) Prior to pit abandonment and reclamation, the operator shall submit a Sundry Notice for approval by the authorized officer, if not previously approved.
Table 10 to § 3177.10(j)
(k) When change in the quantity and/or quality of the water disposed into an unlined pit causes the pit no longer to meet the unlined pit criteria listed under § 3177.8(b)(1), the operator shall submit a Sundry Notice amending the pit design for approval by the authorized officer.
Table 11 to § 3177.10(k)
Authorizing Statute
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Management of use, occupancy, and development of public lands43 U.S.C. § 1732