15A NCAC 05H .2006      SAFETY AND SECURITY AT PITS AND TANKS

(a)  Fencing around any pit or tank shall be constructed and maintained to prevent unauthorized access and render the area non-hazardous to wildlife.  Fences are not required if there is a surrounding perimeter fence that prevents unauthorized access to the well site or production facility, including the pit(s) or tank(s).  Fencing shall comply with Rule .1615 of this Subchapter.

(b)  All E &P waste pits or open tanks shall be screened, netted or otherwise render the area non-hazardous to wildlife, including migratory birds.  The permittee shall inspect for and, within 48 hours of discovery, report any discovery of dead migratory birds or other wildlife to the Department by telephone or email in accordance with Rule .0201 of this Subchapter in order to facilitate assessment and implementation of measures to prevent incidents from reoccurring.  All netting, screening, or other measures installed shall comply with the Migratory Bird Treaty Act as set forth in 16 U.S.C. 703-712.

History Note:        Authority 113-391(a)(4);

Eff. March 17, 2015.