(1) No person shall construct or use an earthen pit or pond in association with a production facility without first obtaining a permit from the board. Such earthen pits or ponds that exist prior to the effective date of this rule must be permitted or closed and restored according to board specifications within 12 months after the effective date of this rule.
(2) Earthen pits or ponds that receive produced water containing more than 15,000 parts per million (ppm) total dissolved solids (TDS) in volumes greater than five barrels per day on a monthly basis must:
(a) be constructed in cut material or at least 50 percent below original ground level;
(b) be lined with an impermeable synthetic liner, or, if the bottom of the pit or pond is underlain by porous, permeable, sharp, or jagged material, the pit or pond must be lined with at least three inches of compacted betonite prior to setting the impermeable synthetic liner;
(c) be constructed above the high water table;
(d) not be located in a floodplain as defined by ARM 36.15.101, or in irrigated cropland;
(e) be bermed or diked and have at least three feet of freeboard at all times between the surface of the water and the top of the banks, berms, or dikes of the pit or pond;
(f) be fenced, screened, and netted in accordance with ARM 36.22.1223; and
(g) not be used for disposal of hazardous wastes or hazardous or deleterious substances.
(3) The board administrator may impose more restrictive earthen pit or pond construction or operation requirements as may be necessary to prevent degredation of water or harm to soils.
(4) Sections (2) (a) through (2) (f) of this rule do not apply to emergency pits as allowed by ARM 36.22.1207, nor does this rule apply to temporary earthen pits, including reserve pits, approved by the board under a valid permit to drill unless such pits remain open and unrestored for more than 12 months after the cessation of drilling or completion operations.