As used in this subpart, the term:

Authorized officer means any employee of the Bureau of Land Management authorized to perform duties described in 43 CFR parts 3000 and 3100.

Federal lands means all lands and interests in lands owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate.

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.

Injection well means a well used for the disposal of produced water or for enhanced recovery operations.

Lease means any contract, profit share arrangement, joint venture, or other agreement issued or approved 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).

Lessee means a person or entity holding record title in a lease issued by the United States (see 43 CFR 3160.0-5).

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.

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).

Minor violation means noncompliance that does not rise to the level of a “major violation” (see 43 CFR 3160.0-5).

Natural Pollutant Discharge Elimination System (NPDES) means a program administered by the Environmental Protection Agency or primacy State that requires permits for the discharge of pollutants from any point source into navigable waters of the United States.

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).

Produced water means water produced in conjunction with oil and gas production.

Toxic constituents means substances in produced water that when found in toxic concentrations specified by Federal or State regulations have harmful effects in plant or animal life. These substances include but are not limited to arsenic (As), barium (Ba), cadmium (Cd), hexavalent chromium (hCr), total chromium (tCr), lead (Pb), mercury (Hg), zinc (Zn), selenium (Se), benzene, toluene, ethylbenzene, and xylenes, as defined in 40 CFR part 261.

Underground Injection Control (UIC) program means a program by administered by the EPA, primacy State, or Indian Tribe under the Safe Drinking Water Act to ensure that subsurface injection does not endanger underground sources of drinking water.

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.