#### § 3177.10 Construction and maintenance requirements for pits.

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| *Minor*: If it causes no significant environmental damages or effects
*Major*: If it causes or threatens immediate, substantial and adverse impact on public health and safety, the environment, production accountability, or royalty income | *Minor*: Submit acceptable application
*Major*: Shut-in, take corrective action to repair or replace damages according to instructions of authorized officer | *Minor*: 1 to 20 days or as directed by authorized officer.
*Major*: Within 10 days. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Require verification of its installation | Prior to use of pit. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| (For failure to notify) Minor | N/A | N/A. |
| (For failure to construct in accordance with the approved plan) Minor, unless Major by definition | The authorized officer may shut-in operations and require corrections to comply with the plan or require amendment of the plan | 1 to 20 days depending on the severity of the violation and the degree of difficulty to correct, if the pit is in use. |

Table 3 to § 3177.10(c)

(d) Lined pit shall be maintained and operated to prevent unauthorized subsurface discharge of water.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Usually Minor, unless Major as result of discharge | Repair/replace liner and possibly shut in operations | 1 to 20 days depending on the onsite situation. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Provide surface drainage | Within 20 days. |

Table 5 to § 3177.10(e)

(f) The pit shall be maintained and operated to prevent unauthorized surface discharge of water.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Usually Minor, unless discharge results in Major | Clean up if spill occurs, and reduce the water level to maintain the 2 feet of free-board; shut-in operations, if required by authorized officer | 1 to 20 days depending upon the onsite situation. |

Table 6 to § 3177.10(f)

(g) The outside walls of the pit levee shall be maintained as designed to minimize erosion.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Necessary repair | Within 20 days. |

Table 7 to § 3177.10(g)

(h) The pit shall be kept reasonably free from surface accumulation of liquid hydrocarbons that would retard evaporation.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Clean-up, and may require skimmer pits, settling tanks, or other suitable equipment | Within 20 days. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Commence the required routine inspection and recordkeeping | Within 30 days. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor | Cease operations and file an application | Within 10 days. |

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.

| Violation | Corrective action | Normal abatement period |
| --- | --- | --- |
| Minor unless the resulting damage is Major | Submit the required amendment; shut-in operations if damage is determined by the authorized officer to be Major | As specified by the authorized officer. |

Table 11 to § 3177.10(k)