Onshore OIl and Gas Order No. 7

BUREAU OF LAND MANAGEMENT
43 CFR 3160
Federal Register / Vol 58, No. 172
Wednesday, September 8, 1993
Effective date: October 8, 1993
Onshore Oil and Gas Operations; Federal and Indian Oil & Gas Leases;
Onshore Oil and Gas Order No. 7; Disposal of Produced Water

Onshore Oil and Gas Order No. 7, Disposal of Produced Water
I. Introduction
A. Authority.
This Order is established pursuant to the authority granted to the Secretary of the
Interior by various Federal of Indian and statutes and the Federal Oil and Gas
Royalty Management Act of 1982. Said authority has been delegated to the
Bureau of Land Management and is implemented by the onshore oil and gas
operating regulations contained in 43 CFR part 3160. Section 3164.1 thereof
specifically authorizes the Director to issues Onshore Oil and Gas Orders when
necessary to implement or supplement the operating regulations and provides that
all such Order shall be binding on the operators of Federal and restricted Indian
oil and gas leases which have been, or may hereafter, be issued. As directed by
the Federal Onshore Oil and Gas Leasing Reform Act of 1987, for National Forest
lands the Secretary of Agriculture shall regulate all surface-disturbing activities
and shall determine reclamation and other in the interest of conservation of
surface resource. Specific authority for the provisions contained in this Order is
found at section 3162.3, Conduct of Operations; section 3162.5, Environment and
Safety; and Subpart 3163, Noncompliance and Assessments.
B. Purpose.
This Order supersedes Notice to Lessees and Operators of Indian and Indian Oil
and Gas Leases (NTL--2B), Disposal of Produced Water. The purpose of this
Order is to specify informational and procedural requirements for submitted of an
application for the disposal of produced water, and the design, construction and
maintenance requirements for pits as well as the minimum standards necessary to
satisfy the requirements and procedures for seeking a variance from the minimum
standards. Also set forth in this Order are specific acts of noncompliance,
corrective actions required and the abatement period allowed for correction.
C. Scope
This Order is applicable to disposal of produced water from completed wells on
Federal and Indian (except Osage) oil and gas leases. It does not apply to approval
of disposal facilities on lands other than Federal and Indian lands. Separate
approval under this Order is not required if the method of disposal has been
covered under an enhanced recovery project approved by the authorized officer.
[58 FR 58506, Nov. 2, 1993]

II. Definitions
The following definitions are used in conjunction with the issuance of this Order.
A. Authorized officer means any employee of the Bureau of Land Management to
authorized to perform duties described in 43 CFR Groups 3000 and 3100.
B. Federal lands means all lands and interests in lands owned by the United States
which are subject to the mineral leasing laws, including mineral resource or
nonmineral estates reserved to the United States in the conveyance of a surface or
nonmineral estate.
C. Free-board means the vertical distance from the top of the fluid surface to the
lowest point on the top of the dike surrounding the pit.
D. Injection well means a well used for the disposal of produced water or for
enhance drecovery operations.
E. Lease means any contract profit share arrangement, joint venture, or other
agreement issued at proved by the United States under a mineral leasing law that
authorized exploration for, extraction of, or removal of oil or gas (see 43 CFR
3160.0-5).
F. Lessee means a person or entity holding record title in a lease issued by the
United States (see 43 CFR 3180.0-5).
G. Lined pit means an excavated and/or bermed area that is required to be lined
with natural or manmade material that will prevent seepage. Such pit shall also
include a leak detection system.
H. Unlined pit means an excavated and/or bermed area that is not required to be
lined, or any pit that is lined but does not contain a leak detection system.
I. Major violation means noncompliance that causes or threatens immediate,
substantial, and adverse impacts on public health and safety, the environment,
production accountability, or royalty income (see 43 CFR 3160.0-5).
J. Minor violation means noncompliance that does not rise to the level of a "major
violation" (see 43 CFR 3160.0-5).
K. Natural Pollutant Discharge Elimination System (NPDES) means a program
administered by the Environmental Agency or primary State that requires permits
for the discharge of pollutants from any point source into navigable water of the
United States.

L. Operator means any person or entity, including but not limited to the lessee or
operating rights owner, who has stated in writing to the authorized officer that it is
responsible under the terms and conditions of the lease for the operations
conducted on the leased lands or a portion thereof (see 43 CFR 3610.0-5).
M. Produced water means water produced in conjunction with oil and gas
production.
N. Toxic constituents means substances in produced water that when found in
toxic concentration specified by Federal or State regulations have harmful effects
in plant or animal life. These substance include but are not limited to arsenic (As),
barium (Ba), cadmium (Cd), hexavalent chromium (bCr), total chromium (tQr),
lead (Pb), mercury (Hg), zinc (Zn). selenium (Se), benzene, toluene,
ethylbenzene, and xylenes, as defined in 40 CFR 261.
O. Underground Injection Control (UIC) program means a program by
administered by the EPA, primary State, or Indian Tribe under the Safe Drinking
Water Act to ensure that subsurface injection does not endanger underground
sources of drinking water.
[58 FR 58506, Nov. 2, 1993]

III. Requirements
A. General Requirements
Operators of onshore Federal and Indian oil and gas leases shall comply with the
requirements and standards this Order for the protection of surface and subsurface
resources. Except as provided under section III.D.3 of this Order, the operator
may not dispose of produced water unless and until approval is obtained from the
authorized officer. All produced water from Federal/Indian leases must be
disposed of by (1) injection into the substance; (2) into pits; or (3) other
acceptable methods approved by the authorized officer, including surface
discharge under NPDES permit. Injection is generally the preferred method of
disposal. Operators are encouraged to contact the appropriate authorized officer
before filing an application for disposal of produced water so that the operator
may be apprised of any existing agreements outlining cooperative procedures
between the Bureau of Land Management and either the State/Indian Tribe or the
Environmental Protection Agency concerning Underground Injection Control
permits for injection wells, and of any potentially significant adverse effects on
surface and/or subsurface resources. The approval of the Environmental
Protection Agency or a State/Tribe shall not be considered as granting approval to
dispose of produced water from leased Federal or Indian lands until and unless
BLM approval is obtained. Applications filed pursuant to NTL-2B and still
pending approval shall be supplemented or resubmitted if they do not meet the
requirements and standards of this Order. The disposal methods shall be approved

in writing by the authorized officer regardless of the physical location of the
disposal facility. Existing NTL-2B approvals will remain valid. However, upon
written justification, the authorized officer may impose additional conditions or
revoke any previously approved disposal permit, if the authorized officer, for
example, finds that an existing facility is creating environmental problems, or that
an unlined pit should be lined, because the quality of the produced water has
changed so that it no longer meets the standards for unlined pits.
Unless prohibited by the authorized officer, produced water from newly
completed wells may be temporarily disposed of into pits for a period of up to 90
days, if the use of the pit was approved as a part of an application for permit to
drill. Any extension of time beyond this period requires documented approval by
the authorized officer.
Upon receipt of a completed application the authorized officer shall "take one of
the following actions within 30 days: (1) Approve the application as submitted or
with appropriate modification or conditions; (2) return the application and advise
the applicant in writing of the reasons for disapproval; or (3) advise the applicant
in writing of the reasons for delay and the excepted final action date. If the
approval for a disposal facility, e.g., commercial pit or class II injection well, is
revoked or suspended by the permitting agencies such as the Environmental
Protection Agency or the primacy State, the BLM water disposal approval is
immediately terminated and the operator is required to propose an alternative
disposal method.
B. Application and Approval Authority
1. On-lease Disposal. For water produced from a Federal/Indian lease and
disposed of on the same Federal/Indian lease, or on other committed
Federal/Indian leases if in a unit or communitized area, the approval of the
disposal method is usually granted in conjunction with the approval for the
disposal facilities. An example would be approval of a proposal to drill an
injection well to be used for the disposal of produced water from a well or wells
on the same lease.
a. Disposal of water in injection wells. When approval is requested for on
lease disposal of produced water into an injection well, the operator shall
submit a Sundry Notice, Form 3160-5. Information submitted in support
of obtaining the Underground Injection Control permit shall be accepted
by the authorized officer in approving disposal method, provided the
information submitted in support of such a permit satisfies all applicable
Bureau of Land Management statutory responsibilities (including but not
limited to drilling safety, down hole integrity, and protection of mineral
and surface resources) and requirements. If the authorized officer has on
file a copy of the approval for the receiving facilities, he/she may
determine that a reference to that document is sufficient.

b. Disposal of water in pits. When approval is requested for disposal of
produced water in a lined or unlined pit, the operator shall submit a
Sundry Notice, Form 3160-5. The operator shall comply with all the
applicable Bureau of Land requirements and standards for pits established
in this Order. On National Forest lands, where the proposed pit location
creates new surface disturbance, the authorized officer shall not approve
the proposal without the prior approval of the Forest Service.
[58 FR 58506, Nov. 2, 1993]
2. Off-lease Disposal
a. On leased or unleased Federal/Indian lands. The purpose of the off-lease
disposal approval process is to ensure that the removal of the produced
water from a Federal or Indian oil and gas lease is proper and that the
water is disposed of in an authorized facility. Therefore, the operator shall
submit a Sundry Notice, Form 3160-5, for removal of the water together
with a copy of the authorization for the disposal facility. If the authorized
officer has a copy of the approval for the receiving facilities on file, he/she
may determine that a reference to that documents sufficient. Where an
associated right-of-way authorization is required, the information for the
right-of-way authorization may be incorporated in the Sundry Notice and
the Bureau of Land Management will process both authorizations
simultaneously for Bureau lands.
i. Disposal of water in injection wells.
When approval is requested for removing water that is produced
from wells on leased Federal or Indian lands and that is to be
injected into a well located on another lease or unleased Federal
lands, the operator shall submit to the authorized officer a Sundry
Notice, Form 3160-5. along with a copy of the Underground
Injection Control permit issued to the operator of the injection
well, unless the well is authorized by rule under 40 CFR part 144.
ii. Disposal of water in pits.
When approval is requested for removing water that is produced
from wells on leased Federal or Indian lands and is to be disposed
of into a lined or unlined pit located on another lease or unleased
Federal lands, the operator shall submit to the authorized officer a
Sundry Notice, Form 3160-5.

iii. Right-of-way procedures.
The operator of the injection well or pit is required to have an
authorization from the Bureau of Land Management for disposing
of the water into the pit or well, under Title V of FLPMA and 43
CFR Part 2800, or a similar authorization from the responsible
surface management agency. In the produced water from the lease
to the pit or injection well, e.g., building a road or laying a
pipeline, a right-of-way authorization under Title V of FLPMA and
43 CFR Part 2800 from the Bureau of Land Management or a
similar permit from the responsible surface management agency
also shall be obtained by the operator of the pit or any injection
well or other responsible party.
b. Disposal of water on State and privately- owned lands.
i. Disposal of water in injection wells.
When approval is requested for removing water that is produced
from wells on leased Federal or Indian lands and that is to be
injected into a well located on State or privately- owned lands, the
operator shall submit to the authorized officer, in addition to a
Sundry Notice, Form 3160-5, a copy of the Underground Injection
Control permit issued for the injection well by Environmental
Protection Agency or the State where the State the achieved
primacy. Submittal of the Underground Injection Control permit
will be accepted by the authorized officer and approval will be
granted for the removal of the produced water unless the
authorized officer states in writing that such approval will have
adverse effects on the Federal/Indian lands or public health and
safety.
ii. Disposal of water in pits.
When approval is requested for removing water that is produced
from wells on leased Federal and/or Indian lands and is to be
disposed of into a pit located on State or privately- owned lands,
the operator shall submit to the authorized officer, in addition to a
Sundry Notice, Form 3160-5, a copy of the permit issued for the
pit by the State or any other regulatory agency, if required, for
disposal in such pit. Submittal of the permit will be accepted by the
authorized officer and approval will be granted for removal of the
produced water unless the authorized officer states in writing that
such approval will have adverse effects on the Federal/Indian lands
or public health and safety. If such a permit is not issued by the

State or other regulatory agency, the requested removal of the
produced water from leased Federal or Indian lands will be denied.
iii. Right-of-way procedures.
If the water produced from wells on leased Federal and/ or Indian
lands, and to be disposed of at a location on State or privatelyowned lands, will be transported over off-lease Federal or Indian
lands, the operator of the disposal facility or other responsible
party shall have an authorization from the Bureau of Land
Management under Title V of FLPMA and 43 CFR part 2800, or a
similar authorization from the responsible surface management
agency.
C. Informational requirements for injection wells.
For an injection well proposed on Federal or Indian leases, the operator shall
obtain an Underground Injection Control(UIC) permit pursuant to 40 CFR parts
144 and 146 from the Environmental Protection Agency or the State/Tribe where
the State/Tribe has achieved primacy. The operator shall also comply with the
pertinent procedural and informational requirements for Application for Permit to
Drill or Sundry Notice as set forth In Onshore Oil and Gas Order No. 1. The
injection well shall be designed and drilled or conditioned in accordance with the
requirements and standards described in Order No. 2 and pertinent NTLs, as well
as the Underground Injection Control permit.
D. Informational requirements for pits.
Operators who request approval for disposal of produced water into a lined or
unlined pit shall file an application on a Sundry Notice, Form 3160-5, and identify
the operator's field representative by name, address and telephone number, and
the source of the produced water. Sources of produced water shall be identified by
facility, lease number, well number and name, and legal description of well
location. All samples for water analysis shall be taken at the current discharge a
point. A reclamation plan down detailing the procedures expected to be followed
for closure of the pit and the contouring and revegetating of the site shall be
submitted prior to pit abandonment. If requested by the authorized officer, a
contingency plan to deal with specific anticipated emergency situations shall be
submitted as provided for in 43 CFR 3162.5-1(d).
[58 FR 58506, Nov. 2,1993]

1. Lined pits.
The authorized officer shall not consider for approval an application for
disposal into lined pits on Federal/Indian leases unless the operator also
provides the following information:
a. A map and drawings of the site on a suitable scale that show the
pit dimension, cross section, side slopes, leak detection system,
and location relative to other site facilities.
b. The daily quantity of water to be disposed of (maximum daily
quantity shall be disposed of (maximum daily quality shall be cited
if major fluctuations are anticipated) and a water analysis (unless
waived by the authorized officer as unnecessary) that includes the
concentrations of chlorides, sulfates, pH, Total Dissolved Solids
(TDS), and toxic constituents that the authorized officer reasonably
believes to be present.
c. Criteria used to determine the pit size, which includes a
minimum of 2 feet of free-board.
d. The average monthly evaporation and average monthly
precipitation for the area.
e. The method and schedule for periodic disposal of precipitated
solids and a copy of the appropriate disposal permit, if any.
f. The type, thickness, and life span of material to be used for
lining the pit and the method of installation. The manufacturer's
guidebook and information for the product shall be included, if
available.
[58 FR 58506, Nov. 2, 1993]
2. Unlined pit.
a. Application for disposal into unlined pits may be considered for
approval by the authorized officer where the application of the
operator shows that such disposal meets one or more of the
following criteria:
i. The water to be disposed of has an annual average TDS
concentration equal to or less than that of the existing water
to be protected, provided that the level of any toxic
constituents in the produced water does not exceed

established State or Federal standards for protection of
surface and/or ground water.
ii. All, or a substantial part, of the produced water is being
used for beneficial purposes and meets minimum water
quality standards for such uses. For example, uses of
produced water for purposes such as irrigation and
livestock or wildlife watering shall be considered as
beneficial.
iii. (A) The water to be disposed of will not degrade the
quality of surface or subsurface waters in the area;
(B) The surface and subsurface waters contain TDS above
10,000 ppm, or toxic constituents in high concentrations; or
(C) The surface and subsurface waters are of such poor
quality or small quantity as to eliminate any practical use
thereof.
iv. That the of water to be disposed of per disposal facility
does not exceed an of 5 barrels per day on a monthly basis.
b. Operators applying for disposal into an unlined pit shall also
submit the following information, as appropriate:
(i) Applications for disposal into unlined pits that meet the
criteria in a., above, shall include:
(A) A map and drawings of the site on a suitable
scale that show the pit dimension, cross section,
side slopes, size, and location relative to other site
facilities.
(B) The daily quantity of water to be disposed of
and a water analysis that includes Total Dissolved
Solids (in ppm), pH, oil and grease content, the
concentrations of chlorides and sulfates, and other
parameters or constituents toxic to animal or plant
life as reasonably prescribed by the authorized
officer. The applicant should also indicate any effort
or interaction of produced water with any water
resources present at or near the surface and other
known mineral deposits. For applications submitted
under criterion a.iv., above, the water quality

analysis is not needed unless requested by the
authorized officer.
(C) The average monthly evaporation and the
average monthly precipitation for the area. For
applications submitted under criterion a.iv., average
annual data will be acceptable.
(D) The estimated percolation rate on soil
characteristics under and adjacent to the pit. In
some cases the authorized officer may require
percolation tests using accepted test procedures.
(E) Estimated depth and areal extent of the
shallowest known aquifer with TDS less than
10,000 ppm, and the depth and extent of any known
mineral deposits in the area.
ii. Where beneficial use (criterion a.ii., above) is the basis
for the application, the justification submitted also contain
written contain written the confirmation from the user(s).
iii. If the application is made on the basis that surface and
subsurface waters will not be adversely affected by disposal
in an unlined pit (criterion a.iii., above), the justification
shall also include the following additional information:
(A) Map of the site showing the location of surface
waters, water wells, and water disposal facilities
within 1 mile of the proposed disposal facility.
(B) Average concentration of TDS (in ppm) of all
surface and subsurface waters within the 1-mile
radius that might be affected by the proposed
disposal.
(C) Reasonable geologic and hydrologic evidence
that shows the proposed disposal method will not
adversely affect existing water quality or major uses
of such waters, and identifies the presence of any
impermeable barrier(s), as necessary.
(D) A copy of any State order or other authorization
granted as a result of a public hearing that is
pertinent to the authorized officer's consideration of
the application.

3. Emergency pits.
Application for a permanent pit (lined or unlined) to be used for
anticipated emergency purposes shall be submitted by the operator
on a Sundry Notice. Form 3160-5, for approval by the authorized
officer, unless it has been approved in conjunction with a
previously approved operational activity. Design criteria for an pit
will be established by the authorized officer on a case by case
basis. Any emergency use of pits shall be reported in accordance
with NTL-3A or subsequent replacement Order procedures, and
the pit shall be emptied and the liquids disposed of in accordance
with applicable State and/or Federal regulations within 48 hours
following its use, unless such time is extended by the authorized
officer.
E. Design requirements for pits
1. Pits shall be designed to meet the following requirements and minimum
standards. For unlined pits approved criterion D.2.a.iv, requirements d.
and e., below, do not apply.
a. As much as practical, the pit shall be located on level ground
and away from established drainage patterns, including
intermittent/ephemeral drainage ways, and unstable ground or
depressions in the area.
b. The pit shall have adequate storage capacity for safe
containment of all produced water, even in those periods when
evaporation rates are at a minimum. The design shall provide for a
minimum of 2 feet of free-board.
c. The pit shall be fenced or enclosed to prevent access by
livestock, wildlife, and unauthorized personnel. If necessary, the
pit shall be equipped to deter entry by birds. Fences shall not be
constructed on the levees. Figures 1 shows an example of an
acceptable fence design.
d. The pit levees to be constructed so that the inside grade of the
levee is no steeper than 1 (vertical):2 (horizontal), and the outside
grade no steeper than 1:3.
e. The top of levees shall be level and least 18 inches wide.
f. The pit location shall be reclaimed pursuant to the requirements
and standards of the surface management agency. On a spilt estate

(private surface, Federal mineral) a surface owner's release
statement or form is acceptable.
2. Lined pits shall be designed to meet following requirement and
minimum standards in addition to those specified above:
a. The material used in lining pits shall impervious. It shall be
resistant to weather, sunlight, hydrocarbons, aqueous acids,
alkalies, salt, fungi, or other substances likely to be contained in
the produced water.
b. If rigid materials are used, leak-proof expansion joints shall be
provided, or the material shall be of sufficient thickness and length
to withstand expansion without cracking, contraction, and settling
movements in the underlying earth. Semi-rigid liners such as
compacted bentonite or clay may be used provided that,
considering the thickness of the lining material chosen and its
degree of permeability, the liner is impervious for the excepted
period of use. Figure 2 shows examples of acceptable standards for
concrete, asphalt, and bentonite/clay liners.
c. If flexible membrane materials are used, they shall have
adequate resistance to tears or punctures. Figures 3 gives an
example of acceptable standards for installation of the flexible
membrane.
d. Lined pits shall have an underlying gravel-filled sump and
lateral system or other suitable devices for the detection of leaks.
Examples of the acceptable design of the leak detection system are
shown in Figure 4 and Figure 5.
3. Failure to design the pit to meet the above requirements and minimum
standards will result in disapproval of the proposal or a requirement that it
be modified unless a request for variance is approved by the authorized
officer.
F. Construction and maintain 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.

1. 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: 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.

Corrective action: Minor: Submit acceptable application.

Major: Shut-in, take corrective action to repair or replace damages

according to instructions of authorized officer.

Abatement periods: Minor. 1 to 20 days or as directed by authorized

officer.

Major: Within 10 days.

[58 FR 58506, Nov.2, 1993]
2. 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: Minor.

Corrective action: Require verification of its installation.

Abatement period: Prior to use of pit.

3. At least 2 business days prior to its use, the operator shall notify the
authorized officer of completion the pit construction, so that the
authorized officer may verify that the pit has been constructed in
accordance with the approved plan.
For failure to notify:

Violation: Minor.

Corrective action: Not applicable.

For failure to construct in accordance with the approved plan

Violation: Minor, unless Major by definition.

Corrective action: The authorized officer may shut-in operations and

require corrections to comply with the plan or require amendment of the

plan.

Abatement period: 1 to 20 days depending on the severity of the violation
and the degree of difficulty to correct, if the pit is in use.
4. Lined pit shall be maintained and operated to prevent unauthorized
subsurface discharge of water.
Violation: Usually Minor, unless Major as result of discharge.
Corrective action: Repair/replace liner and possibly shut in operations.
Abatement period: 1 to 20 days depending on the onsite situation.
5. The pit shall be maintained as designed to prevent entrance of surfaces
water by providing adequate surface drainage away from the pit.
Violation: Minor.

Corrective action: Provide surface drainage.

Abatement period: Within 20 days.

6. The pit shall be maintained and operated to prevent unauthorized
surface discharge of water.
Violation: Usually Minor, unless discharge results in Major.

Corrective action: 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.

Abatement period: 1 to 20 days depending upon the onsite situation.

7. The outside walls of the pit levee shall be maintained as designed to

minimize erosion.

Violation: Minor.

Corrective action: Necessary repair.

Abatement period: Within 20 days.

8. The pit shall be kept reasonably free from surface accumulation of

liquid hydrocarbons that would retard evaporation.

Violation: Minor.

Corrective action: Clean-up, and may require skimmer pits, settling tanks,

or other suitable equipment.

Abatement period: Within 20 days.

9. 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: Minor.

Corrective action: Commence the required routine inspection and

recordkeeping.

Abatement period: Within 30 days.

[58 FR 58506, Nov. 2, 1993]
10. Prior to pit abandonment and reclamation, the operator shall submit a
Sundry Notice for approval by the authorized officer, if not previously
approved.
Violation: Minor.

Corrective action: Cease operations and file an application.

Abatement period: Within 10 days.

11. 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 section D.2.a., the operator shall submit a Sundry Notice amending
the pit design for approval by the authorized officer.
Violation: Usually Minor unless the resulting damage is Major.
Corrective action: Submit the required amendment; shut-in operations if
determined by the authorized officer to be Major.
Abatement period: As specified by the authorized officer.
G. Other disposal methods
1. Surface discharge under NPDES permit.
The person applying to use this disposal method shall furnish a copy of the
NPDES permit issued by the EPA or the primacy State, a current water
quality analysis and a Sundry Notice, Form 3160-5, describing site
facilities (e.g., retention ponds, skimmer pits and equipment, tanks, and
any additional surface disturbance). Operations from the point of origin to
the point of discharge under the jurisdiction of the BLM. Operations from
the point of discharge downstream are under the jurisdiction of EPA or the
primacy State.
2. Use of existing commercial pits designed for containment of produced
water or tanks in lieu of pits.
3. New technology or any other proposal meeting the objective of this
Order that meets the requirements of State and Federal laws and
regulations.

H. Reporting requirements for disposal facilities
All unauthorized discharge or spills from disposal facilities on Federal/Indian
leases shall be reported to the authorized officer in accordance with the provisions
of NTL-3 subsequent replacement Order.
Violation: Minor unless resulting damage is major.
Corrective action: Submit the required report.
Abatement period: As specified by the authorized officer.

IV. Variances from Requirements or Standards Minimum Standards
An operator may request that the authorized officer approve a variance from any of the
requirements or minimum standards prescribed in Section III. of this Order. All such
requests shall be submitted in writing to the appropriate authorized officer and provide
information as to the circumstances that warrant approval of the variance(s) requested
and the proposed alternative means by which the requirements or related minimum
standard(s) will be satisfied. The authorized officer, after considering all relevant factors,
will approve the requested variance(s) if it is determine that the proposed alterative(s)
meet or exceed the objectives of the applicable minimum standard(s); or if the authorized
officer determines that the exemption of the requirement is justified. Variances granted
BLM under this section shall be limited to proposals and requirements under BLM
statutory and/or regulatory authority only, and shall not be construed as granting variance
to regulations under EPA, State, or Tribal authority.

Attachment
Figure 1. Example of Minimum Standards for Design and Construction of Fences and
Corner Posts.
Figure 2. Example of Minimum Acceptable Standards for Concrete, Asphalt and
Bentonite/Clay Liners.
Figure 3. Example of Minimum Acceptable Standards for Installation of a Flexible
Liner.
Figure 4. Example of a Lease Detection System for a Lined Pit Constructed in
Relatively Impermeable Soils.
Figure 5. Example of Leak Detection System for a Lines Pit Constructed in
Permeable Soils.

______________

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-....

Ill IWI.IN

*

POSTI,

TYPICAL 5.W1RE BARB WIRE FENCE
using wood, pipe or sleet 1’ lypo p0515

TYPICAL WOVEN WIRE FENCE WhIt IWO
AARB WIRES
SIMS OPTIONAL

STANDARD FIELD FENCE
LATERAL WIRES VERTICAL STAY
WIRES SPACED Are- noe’ Aplo SorloM

WIRES 510 DAUC.E INTERMEDIATE

AND STAY wiRts 5I2’S GAUGE

TYPICAL CORNER CONSTRUCTION
br burled corner posis

OIAOONAJ. BWAC
OPTIONAL

TYPICAL STOCI TIGHTS FENCE
usIng wood, pipe or sleet ‘T" typo posls

TYPICAL CORNER CONSTRUCTION
br corner post Eel

FIGURE 1. EXAMPLES FOR DESIGN AND CONSTRUCTION OF FENCES
AND CORNER POSTS.

fl

concrete

PERMEABILITY OF
COMPACTED LINER
THICKNESS TO BE
DETERMINED BY THE
DURATION OF USE
BUT NO LESS ThAN 2

CM/SEC

LWc
BENTONTTE1CLAY LINER

FIGURE 2. EXAMPLE OF ACCEPTABLE DESIGN FOR CONCRETE,
ASPHALT AND $NTOI1ITE/CLAY LINERS.

BURIAL TRENCH

LINER

PIPE SEAL
FACTORY FABRICATIP
CLAMP

V

PIPE

SPLIC
TO LINER

LINE

LEAK DETECT
NOT S

ACCEPTABLE
FIGURE 3. EXAMPLE OF LINER.
OF A FLEXIBLE.

DESIGN FOR INSTALLM1ON

SECTION

TOE OF SLOPE
TOP OF LEVEE
TUBE-3’ NONPEF1FORATED PIPE

LINER

LINER
BURIAL TRENCH

A-A

SOILS
3 PERFORATED PLASTIC PIPE
HOLES ON BOTTOM SIDE

FIGURE 4. EXAMPLE OF A LEAK bETECTION SYSTEM FOR A LINED PIT
CONSTRUCTED IN RELATIVELY IMPERMEABLE SOILS.

flA

INSPECTION

SECONDARY LINER
SAND AND/OR

GEOTEXTILE BETWEEN

LINERS AS NEEDED

‘‘I

SLOPE 6"150’

SECTION A.A

FIGURE 5. EXAMPLE OF A LEAK DETECTION SYSTEM FOR A
LINED PIT CONSTRUCTED IN PERMEABLE SOILS.