Certain instances of noncompliance warrant the imposition of immediate assessments upon discovery, as prescribed in the following table. Imposition of these assessments does not preclude other appropriate enforcement actions:
Table 1 to § 3173.29—Violations Subject to an Immediate Assessment
| Violation
| Assessment amount per violation
($)
|
|---|
| 1. An appropriate valve on an oil storage tank was not sealed, as required by § 3173.2 | 1,000
|
| 2. An appropriate valve or component on an oil metering system was not sealed, as required by § 3173.3 | 1,000
|
| 3. A Federal seal is removed without prior approval of the AO or AR, as required by § 3173.4 | 1,000
|
| 4. Oil was not properly measured before removal from storage for use on a different lease, unit, or CA, as required by § 3173.7(b) | 1,000
|
| 5. An FMP was bypassed, in violation of § 3170.4 | 1,000
|
| 6. Theft or mishandling of production was not reported to the BLM, as required by § 3173.8 | 1,000
|
| 7. Records necessary to determine quantity and quality of production were not retained, as required by § 3170.7 | 1,000
|
| 8. FMP application was not submitted, as required by § 3173.12 | 1,000
|
| 9. (i) For facilities that begin operation after January 17, 2017, BLM approval for off-lease measurement was not obtained before removing production, as required by § 3173.23 | 1,000
|
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for off-lease measurement.
| |
| 10. (i) For facilities that begin operation after January 17, 2017, BLM approval for surface commingling was not obtained before removing production, as required by § 3173.15 | 1,000
|
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for surface commingling.
| |
| 11. (i) For facilities that begin operation after January 17, 2017, BLM approval for downhole commingling was not obtained before removing production, as required by § 3173.15 | 1,000
|
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for downhole commingling. | |