Rule 26-3-1.8 - PREVENTION OF WASTE, INCLUDING POLLUTION, AND WASTE DISPOSAL(a) The operator shall not cause waste or pollute land or water or damage the aquatic life of the waters or allow extraneous matter to enter and damage any mineral- or water- bearing formation.(b) If the waters are polluted by the drilling or production operations conducted by or on behalf of the operator, and such waste by pollution damages or threatens to damage aquatic life, wildlife or public or private property, the control and total removal of the pollutant, wheresoever found, proximately resulting therefrom shall be at the expense of the operator. Upon failure of the operator to control waste and remove the pollutant, the Supervisor shall have the right to accomplish the control and removal of the pollutant in accordance with any established contingency plan for combating oil spills or by other means at the cost of the operator. Such action shall not relieve the operator of any responsibility as provided herein.(c) The operator's liability to third parties, other than for cleaning up the pollutant in accordance with Paragraph (b) of this section, shall be governed by applicable law. The Operator shall comply with the following requirements:
1. Waste Prevention Including Pollutant A. Liquid Disposal (1) Oil in any form shall not be disposed of into the waters.(2) Liquid waste materials containing substances which may be harmful to aquatic life or wildlife, or injurious in any manner to life or property, shall be treated to avoid disposal of harmful substances into the waters.(3) Drilling mud containing oil shall not be disposed of into the waters.(4) Detergents, surfactants or dispersants in harmful quantities shall not be introduced into the waters without prior approval of the Supervisor.B. Solid Waste Disposal (1) Drill cuttings, sand and other solids shall not be disposed of into the waters without prior approval of the Supervisor.(2) Mud containers and other solid waste materials shall be incinerated or transported to shore for disposal.C. Production Facilities(1) All production facilities, such as separators, tanks, treaters and other equipment shall be such as are necessary to control the maximum anticipated pressures and production of oil, gas and associated sulphur, and shall be maintained at all times in a manner necessary to prevent waste and pollution.(2) All platforms and structures shall be curbed and connected by drains to a collecting tank or sump unless drip pans, or equivalents, are placed under equipment from which a pollutant may spill into the waters and piped to a tank or sump.(3) The operator's personnel shall be thoroughly instructed in the techniques of equipment maintenance and operation for the prevention of waste and pollution. Non-operator personnel shall be informed in writing, prior to executing contracts, of the operator's obligations to prevent waste and pollution.2. Inspections and Reports The operator shall comply with the following waste and pollution inspection and reporting requirements:
A. Waste and Pollution Inspections (1) Manned facilities shall be inspected daily.(2) Unattended facilities, including those equipped with remote control and monitoring systems, shall be inspected at frequent intervals. The Supervisor may prescribe the frequency of inspections for these facilities.B. Waste and Pollution Reports (1) All spills or leakage of oil and liquid pollutants shall be recorded showing the cause, size of spill and action taken, and the record shall be maintained and available for inspection by the Supervisor or duly authorized representatives.(2) All spills or leakage of oil and liquid pollutants of one (1) barrel or more shall be reported orally to the Supervisor or his authorized representative without delay and shall be confirmed in writing to the Supervisor.(3) Operators shall notify each other upon observation of equipment malfunction or waste and pollution resulting from another's operation.3. Control and Removal A. Corrective Action Immediate corrective action shall be taken in all cases where waste and pollution has occurred. Each operator shall have an emergency plan for initiating corrective action to control and remove pollution and such plan shall be filed and reviewed with the Supervisor. Corrective action taken under the plan shall be subject to modification when directed by the Supervisor.
B. Equipment Standby waste and pollution control equipment shall be maintained by or shall be immediately available to each operator at a land base location. This equipment shall include containment booms, skimming apparatus and approved chemical dispersants and shall be available prior to the commencement of operations. The equipment shall be regularly inspected and maintained in good condition for use. The adequacy of the equipment and the location of land bases shall be approved by the Supervisor. The operator shall notify the Supervisor of the location at which each item of equipment is located for operations conducted on or for each lease. All changes in location and equipment maintained at each location shall be approved by the Supervisor.
MCA Section 53-1-17(3) (1972)