(a) The person applying to use the surface discharge disposal method under an NPDES permit 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 are under the jurisdiction of the BLM. Operations from the point of discharge downstream are under the jurisdiction of the EPA or the primacy State.

(b) Use of existing commercial pits designed for containment of produced water or tanks in lieu of pits.

(c) New technology or any other proposal meeting the objective of this subpart that the authorized officer deems acceptable and that meets the requirements of State and Federal laws and regulations.