(K) "Owner," unless referring to a mine, means the person who | 59 |
has the right to drill on a tract or drilling unit, to drill into | 60 |
and produce from a pool, and to appropriate the oil or gas | 61 |
produced therefrom either for the person or for others, except | 62 |
that a person ceases to be an owner with respect to a well when | 63 |
the well has been plugged in accordance with applicable rules | 64 |
adopted and orders issued under this chapter. "Owner" does not | 65 |
include a person who obtains a lease of the mineral rights for oil | 66 |
and gas on a parcel of land if the person does not attempt to | 67 |
produce or produce oil or gas from a well or obtain a permit under | 68 |
this chapter for a well or if the entire interest of a well is | 69 |
transferred to the person in accordance with division (B) of | 70 |
section 1509.31 of the Revised Code. | 71 |
(S) "Safe Drinking Water Act" means the "Safe Drinking Water | 93 |
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the | 94 |
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 | 95 |
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986," | 96 |
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water | 97 |
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and | 98 |
regulations adopted under those acts. | 99 |
(V) "Waters of the state" means all streams, lakes, ponds, | 108 |
marshes, watercourses, waterways, springs, irrigation systems, | 109 |
drainage systems, and other bodies of water, surface or | 110 |
underground, natural or artificial, that are situated wholly or | 111 |
partially within this state or within its jurisdiction, except | 112 |
those private waters that do not combine or effect a junction with | 113 |
natural surface or underground waters. | 114 |
(AA) "Production operation" means all operations and | 147 |
activities and all related equipment, facilities, and other | 148 |
structures that may be used in or associated with the exploration | 149 |
and production of oil, gas, or other mineral resources that are | 150 |
regulated under this chapter, including operations and activities | 151 |
associated with site preparation, site construction, access road | 152 |
construction, well drilling, well completion, well stimulation, | 153 |
well site activities, reclamation, and plugging. "Production | 154 |
operation" also includes all of the following: | 155 |
(3) The processes and related equipment and facilities | 163 |
associated with production compression, gas lift, gas injection, | 164 |
fuel gas supply, well drilling, well stimulation, and well | 165 |
completion activities, including dikes, pits, and earthen and | 166 |
other impoundments used for the temporary storage of fluids and | 167 |
waste substances associated with well drilling, well stimulation, | 168 |
and well completion activities. | 169 |
Sec. 1509.02. There is hereby created in the department of | 211 |
natural resources the division of oil and gas resources | 212 |
management, which shall be administered by the chief of the | 213 |
division of oil and gas resources management. The division has | 214 |
sole and exclusive authority to regulate the permitting, location, | 215 |
and spacing of oil and gas wells and production operations within | 216 |
the state, excepting only those activities regulated under federal | 217 |
laws for which oversight has been delegated to the environmental | 218 |
protection agency and activities regulated under sections 6111.02 | 219 |
to 6111.029 of the Revised Code. The regulation of oil and gas | 220 |
activities is a matter of general statewide interest that requires | 221 |
uniform statewide regulation, and this chapter and rules adopted | 222 |
under it constitute a comprehensive plan with respect to all | 223 |
aspects of the locating, drilling, well stimulation, completing, | 224 |
and operating of oil and gas wells within this state, including | 225 |
site construction and restoration, permitting related to those | 226 |
activities, and the disposal of wastes from those wells. In order | 227 |
to assist the division in the furtherance of its sole and | 228 |
exclusive authority as established in this section, the chief may | 229 |
enter into cooperative agreements with other state agencies for | 230 |
advice and consultation, including visitations at the surface | 231 |
location of a well on behalf of the division. Such cooperative | 232 |
agreements do not confer on other state agencies any authority to | 233 |
administer or enforce this chapter and rules adopted under it. In | 234 |
addition, such cooperative agreements shall not be construed to | 235 |
dilute or diminish the division's sole and exclusive authority as | 236 |
established in this section. Nothing in this section affects the | 237 |
authority granted to the director of transportation and local | 238 |
authorities in section 723.01 or 4513.34 of the Revised Code, | 239 |
provided that the authority granted under those sections shall not | 240 |
be exercised in a manner that discriminates against, unfairly | 241 |
impedes, or obstructs oil and gas activities and operations | 242 |
regulated under this chapter. | 243 |
All moneys collected by the chief pursuant to sections | 247 |
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222, | 248 |
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent | 249 |
of moneys received by the treasurer of state from the tax levied | 250 |
in divisions (A)(5) and (6) of section 5749.02 of the Revised | 251 |
Code, all civil penalties paid under section 1509.33 of the | 252 |
Revised Code, and, notwithstanding any section of the Revised Code | 253 |
relating to the distribution or crediting of fines for violations | 254 |
of the Revised Code, all fines imposed under divisions (A) and (B) | 255 |
of section 1509.99 of the Revised Code and fines imposed under | 256 |
divisions (C) and (D) of section 1509.99 of the Revised Code for | 257 |
all violations prosecuted by the attorney general and for | 258 |
violations prosecuted by prosecuting attorneys that do not involve | 259 |
the transportation of brine by vehicle shall be deposited into the | 260 |
state treasury to the credit of the oil and gas well fund, which | 261 |
is hereby created. Fines imposed under divisions (C) and (D) of | 262 |
section 1509.99 of the Revised Code for violations prosecuted by | 263 |
prosecuting attorneys that involve the transportation of brine by | 264 |
vehicle and penalties associated with a compliance agreement | 265 |
entered into pursuant to this chapter shall be paid to the county | 266 |
treasury of the county where the violation occurred. | 267 |
The fund shall be used solely and exclusively for the | 268 |
purposes enumerated in division (B) of section 1509.071 of the | 269 |
Revised Code, for the expenses of the division associated with the | 270 |
administration of this chapter and Chapter 1571. of the Revised | 271 |
Code and rules adopted under them, and for expenses that are | 272 |
critical and necessary for the protection of human health and | 273 |
safety and the environment related to oil and gas production in | 274 |
this state. The expenses of the division in excess of the moneys | 275 |
available in the fund shall be paid from general revenue fund | 276 |
appropriations to the department. | 277 |
Sec. 1509.03. (A) The chief of the division of oil and gas | 278 |
resources management shall adopt, rescind, and amend, in | 279 |
accordance with Chapter 119. of the Revised Code, rules for the | 280 |
administration, implementation, and enforcement of this chapter. | 281 |
The rules shall include an identification of the subjects that the | 282 |
chief shall address when attaching terms and conditions to a | 283 |
permit with respect to a well and production facilities of a well | 284 |
that are located within an urbanized area or with respect to a | 285 |
horizontal well and production facilities associated with a | 286 |
horizontal well. The subjects shall include all of the following: | 287 |
(B)(1) Any order issuing, denying, or modifying a permit or | 302 |
notices required to be made by the chief pursuant to this chapter | 303 |
shall be made in compliance with Chapter 119. of the Revised Code, | 304 |
except that personal service may be used in lieu of service by | 305 |
mail. Every order issuing, denying, or modifying a permit under | 306 |
this chapter and described as such shall be considered an | 307 |
adjudication order for purposes of Chapter 119. of the Revised | 308 |
Code. Division (B)(1) of this section does not apply to a permit | 309 |
issued under section 1509.06 of the Revised Code. | 310 |
(C) The chief or the chief's authorized representative may at | 316 |
any time enter upon lands, public or private, for the purpose of | 317 |
administration or enforcement of this chapter, the rules adopted | 318 |
or orders made thereunder, or terms or conditions of permits or | 319 |
registration certificates issued thereunder and may examine and | 320 |
copy records pertaining to the drilling, conversion, or operation | 321 |
of a well for injection of fluids and logs required by division | 322 |
(C) of section 1509.223 of the Revised Code. No person shall | 323 |
prevent or hinder the chief or the chief's authorized | 324 |
representative in the performance of official duties. If entry is | 325 |
prevented or hindered, the chief or the chief's authorized | 326 |
representative may apply for, and the court of common pleas may | 327 |
issue, an appropriate inspection warrant necessary to achieve the | 328 |
purposes of this chapter within the court's territorial | 329 |
jurisdiction. | 330 |
(E) Orders of the chief denying, suspending, or revoking a | 338 |
registration certificate; approving or denying approval of an | 339 |
application for revision of a registered transporter's plan for | 340 |
disposal; or to implement, administer, or enforce division (A) of | 341 |
section 1509.224 and sections 1509.22, 1509.222, 1509.223, and | 342 |
1509.225, and 1509.226 of the Revised Code pertaining to the | 343 |
transportation of brine by vehicle and the disposal of brine so | 344 |
transported are not adjudication orders for purposes of Chapter | 345 |
119. of the Revised Code. The chief shall issue such orders under | 346 |
division (A) or (B) of section 1509.224 of the Revised Code, as | 347 |
appropriate. | 348 |
Sec. 1509.05. No person shall drill a new well, drill an | 349 |
existing well any deeper, reopen a well, convert a well to any use | 350 |
other than its original purpose, or plug back a well to a source | 351 |
of supply different from the existing pool, without having a | 352 |
permit to do so issued by the chief of the division of oil and gas | 353 |
resources management, and until the original permit or a | 354 |
photostatic copy thereof is posted or displayed in a conspicuous | 355 |
and easily accessible place at the well site, with the name, | 356 |
current address, and telephone number of the permit holder and the | 357 |
telephone numbers for fire and emergency medical services | 358 |
maintained on the posted permit or copy. The permit or a copy | 359 |
shall be continuously displayed in that manner at all times during | 360 |
the work authorized by the permit. | 361 |
(8)(a) An identification, to the best of the owner's | 390 |
knowledge, of each proposed source of ground water and surface | 391 |
water that will be used in the production operations of the well. | 392 |
The identification of each proposed source of water shall indicate | 393 |
if the water will be withdrawn from the Lake Erie watershed or the | 394 |
Ohio river watershed. In addition, the owner shall provide, to the | 395 |
best of the owner's knowledge, the proposed estimated rate and | 396 |
volume of the water withdrawal for the production operations. If | 397 |
recycled water will be used in the production operations, the | 398 |
owner shall provide the estimated volume of recycled water to be | 399 |
used. The owner shall submit to the chief an update of any of the | 400 |
information that is required by division (A)(8)(a) of this section | 401 |
if any of that information changes before the chief issues a | 402 |
permit for the application. | 403 |
(b) Except as provided in division (A)(8)(c) of this section, | 404 |
for an application for a permit to drill a new well within an | 405 |
urbanized area, the results of sampling of water wells within | 406 |
three hundred feet of the proposed well prior to commencement of | 407 |
drilling. In addition, the owner shall include a list that | 408 |
identifies the location of each water well where the owner of the | 409 |
property on which the water well is located denied the owner | 410 |
access to sample the water well. The sampling shall be conducted | 411 |
in accordance with the guidelines established in "Best Management | 412 |
Practices For Pre-drilling Water Sampling" in effect at the time | 413 |
that the application is submitted. The division shall furnish | 414 |
those guidelines upon request and shall make them available on the | 415 |
division's web site. If the chief determines that conditions at | 416 |
the proposed well site warrant a revision, the chief may revise | 417 |
the distance established in this division for purposes of | 418 |
pre-drilling water sampling. | 419 |
(c) For an application for a permit to drill a new horizontal | 420 |
well, the results of sampling of water wells within one thousand | 421 |
five hundred feet of the proposed horizontal wellhead prior to | 422 |
commencement of drilling. In addition, the owner shall include a | 423 |
list that identifies the location of each water well where the | 424 |
owner of the property on which the water well is located denied | 425 |
the owner access to sample the water well. The sampling shall be | 426 |
conducted in accordance with the guidelines established in "Best | 427 |
Management Practices For Pre-drilling Water Sampling" in effect at | 428 |
the time that the application is submitted. The division shall | 429 |
furnish those guidelines upon request and shall make them | 430 |
available on the division's web site. If the chief determines that | 431 |
conditions at the proposed well site warrant a revision, the chief | 432 |
may revise the distance established in this division for purposes | 433 |
of pre-drilling water sampling. | 434 |
(9) For an application for a permit to drill a new well | 435 |
within an urbanized area, a sworn statement that the applicant has | 436 |
provided notice by regular mail of the application to the owner of | 437 |
each parcel of real property that is located within five hundred | 438 |
feet of the surface location of the well and to the executive | 439 |
authority of the municipal corporation or the board of township | 440 |
trustees of the township, as applicable, in which the well is to | 441 |
be located. In addition, the notice shall contain a statement that | 442 |
informs an owner of real property who is required to receive the | 443 |
notice under division (A)(9) of this section that within five days | 444 |
of receipt of the notice, the owner is required to provide notice | 445 |
under section 1509.60 of the Revised Code to each residence in an | 446 |
occupied dwelling that is located on the owner's parcel of real | 447 |
property. The notice shall contain a statement that an application | 448 |
has been filed with the division of oil and gas resources | 449 |
management, identify the name of the applicant and the proposed | 450 |
well location, include the name and address of the division, and | 451 |
contain a statement that comments regarding the application may be | 452 |
sent to the division. The notice may be provided by hand delivery | 453 |
or regular mail. The identity of the owners of parcels of real | 454 |
property shall be determined using the tax records of the | 455 |
municipal corporation or county in which a parcel of real property | 456 |
is located as of the date of the notice. | 457 |
(b) For an application for a permit for a horizontal well, a | 467 |
copy of an agreement concerning maintenance and safe use of the | 468 |
roads, streets, and highways described in division (A)(11)(a) of | 469 |
this section entered into on reasonable terms with the public | 470 |
official that has the legal authority to enter into such | 471 |
maintenance and use agreements for each county, township, and | 472 |
municipal corporation, as applicable, in which any such road, | 473 |
street, or highway is located or an affidavit on a form prescribed | 474 |
by the chief attesting that the owner attempted in good faith to | 475 |
enter into an agreement under division (A)(11)(b) of this section | 476 |
with the applicable public official of each such county, township, | 477 |
or municipal corporation, but that no agreement was executed. | 478 |
(B) The chief shall cause a copy of the weekly circular | 489 |
prepared by the division to be provided to the county engineer of | 490 |
each county that contains active or proposed drilling activity. | 491 |
The weekly circular shall contain, in the manner prescribed by the | 492 |
chief, the names of all applicants for permits, the location of | 493 |
each well or proposed well, the information required by division | 494 |
(A)(11) of this section, and any additional information the chief | 495 |
prescribes. In addition, the chief promptly shall transfer an | 496 |
electronic copy or facsimile, or if those methods are not | 497 |
available to a municipal corporation or township, a copy via | 498 |
regular mail, of a drilling permit application to the clerk of the | 499 |
legislative authority of the municipal corporation or to the clerk | 500 |
of the township in which the well or proposed well is or is to be | 501 |
located if the legislative authority of the municipal corporation | 502 |
or the board of township trustees has asked to receive copies of | 503 |
such applications and the appropriate clerk has provided the chief | 504 |
an accurate, current electronic mailing address or facsimile | 505 |
number, as applicable. | 506 |
(2) If the location of a well or proposed well will be or is | 514 |
within an urbanized area, the chief shall not issue a permit for | 515 |
at least eighteen days after the date of filing of the application | 516 |
for the permit unless, upon reasonable cause shown, the chief | 517 |
waives that period or the chief at the chief's discretion grants a | 518 |
request for an expedited review. However, the chief shall issue a | 519 |
permit for a well or proposed well within an urbanized area within | 520 |
thirty days of the filing of the application unless the chief | 521 |
denies the application by order. | 522 |
In addition to a complete application for a permit that meets | 531 |
the requirements of this section and the permit fee prescribed by | 532 |
this section, a request for expedited review shall be accompanied | 533 |
by a separate nonrefundable filing fee of two hundred fifty | 534 |
dollars. Upon the filing of a request for expedited review, the | 535 |
chief shall cause the county engineer of the county in which the | 536 |
well is or is to be located to be notified of the filing of the | 537 |
permit application and the request for expedited review by | 538 |
telephone or other means that in the judgment of the chief will | 539 |
provide timely notice of the application and request. The chief | 540 |
shall issue a permit within seven days of the filing of the | 541 |
request unless the chief denies the application by order. | 542 |
Notwithstanding the provisions of this section governing expedited | 543 |
review of permit applications, the chief may refuse to accept | 544 |
requests for expedited review if, in the chief's judgment, the | 545 |
acceptance of the requests would prevent the issuance, within | 546 |
twenty-one days of their filing, of permits for which applications | 547 |
are pending. | 548 |
(F) The chief shall issue an order denying a permit if the | 552 |
chief finds that there is a substantial risk that the operation | 553 |
will result in violations of this chapter or rules adopted under | 554 |
it that will present an imminent danger to public health or safety | 555 |
or damage to the environment, provided that where the chief finds | 556 |
that terms or conditions to the permit can reasonably be expected | 557 |
to prevent such violations, the chief shall issue the permit | 558 |
subject to those terms or conditions, including, if applicable, | 559 |
terms and conditions regarding subjects identified in rules | 560 |
adopted under section 1509.03 of the Revised Code. The issuance of | 561 |
a permit shall not be considered an order of the chief. | 562 |
(H)(1) Prior to the commencement of well pad construction and | 589 |
prior to the issuance of a permit to drill a proposed horizontal | 590 |
well or a proposed well that is to be located in an urbanized | 591 |
area, the division shall conduct a site review to identify and | 592 |
evaluate any site-specific terms and conditions that may be | 593 |
attached to the permit. At the site review, a representative of | 594 |
the division shall consider fencing, screening, and landscaping | 595 |
requirements, if any, for similar structures in the community in | 596 |
which the well is proposed to be located. The terms and conditions | 597 |
that are attached to the permit shall include the establishment of | 598 |
fencing, screening, and landscaping requirements for the surface | 599 |
facilities of the proposed well, including a tank battery of the | 600 |
well. | 601 |
Whether or not the well is or is to be located in a coal | 629 |
bearing township, the chief, by order, may refuse to issue a | 630 |
permit required by section 1509.05 of the Revised Code to any | 631 |
applicant who at the time of applying for the permit is in | 632 |
material or substantial violation of this chapter or rules adopted | 633 |
or orders issued under it. The chief shall refuse to issue a | 634 |
permit to any applicant who at the time of applying for the permit | 635 |
has been found liable by a final nonappealable order of a court of | 636 |
competent jurisdiction for damage to streets, roads, highways, | 637 |
bridges, culverts, or drainways pursuant to section 4513.34 or | 638 |
5577.12 of the Revised Code until the applicant provides the chief | 639 |
with evidence of compliance with the order. No applicant shall | 640 |
attempt to circumvent this provision by applying for a permit | 641 |
under a different name or business organization name, by | 642 |
transferring responsibility to another person or entity, by | 643 |
abandoning the well or lease, or by any other similar act. | 644 |
If the application to drill,or reopen, or convert concerns a | 650 |
well that is or is to be located in a coal bearing township, the | 651 |
chief shall transmit to the chief of the division of mineral | 652 |
resources management two copies of the application and three | 653 |
copies of the map required in section 1509.06 of the Revised Code, | 654 |
except that, when the affidavit with the waiver of objection | 655 |
described above is submitted, the chief of the division of oil and | 656 |
gas resources management shall not transmit the copies. | 657 |
If the owner or lessee objects to the location of the well or | 663 |
objects to any location within fifty feet of the original location | 664 |
as a possible site for relocation of the well, the owner or lessee | 665 |
shall notify the chief of the division of mineral resources | 666 |
management of the objection, giving the reasons for the objection | 667 |
and, if applicable, indicating on a copy of the map the particular | 668 |
location or locations within fifty feet of the original location | 669 |
to which the owner or lessee objects as a site for possible | 670 |
relocation of the well, within six days after the receipt of the | 671 |
notice. If the chief receives no objections from the owner or | 672 |
lessee of the mine within ten days after the receipt of the notice | 673 |
by the owner or lessee, or if in the opinion of the chief the | 674 |
objections offered by the owner or lessee are not sufficiently | 675 |
well founded, the chief immediately shall notify the owner or | 676 |
lessee of those findings. The owner or lessee may appeal the | 677 |
decision of the chief to the reclamation commission under section | 678 |
1513.13 of the Revised Code. The appeal shall be filed within | 679 |
fifteen days, notwithstanding provisions in divisionsdivision | 680 |
(A)(1) of section 1513.13 of the Revised Code to the contrary, | 681 |
from the date on which the owner or lessee receives the notice. If | 682 |
the appeal is not filed within that time, the chief immediately | 683 |
shall approve the application, retain a copy of the application | 684 |
and map, and return a copy of the application to the chief of the | 685 |
division of oil and gas resources management with the approval | 686 |
noted on it. The chief of the division of oil and gas resources | 687 |
management then shall issue the permit if the provisions of this | 688 |
chapter pertaining to the issuance of such a permit have been | 689 |
complied with. | 690 |
If the chief of the division of mineral resources management | 691 |
receives an objection from the owner or lessee of the mine as to | 692 |
the location of the well within ten days after receipt of the | 693 |
notice by the owner or lessee, and if in the opinion of the chief | 694 |
the objection is well founded, the chief shall disapprove the | 695 |
application and immediately return it to the chief of the division | 696 |
of oil and gas resources management together with the reasons for | 697 |
disapproval and a suggestion for a new location for the well, | 698 |
provided that the suggested new location shall not be a location | 699 |
within fifty feet of the original location to which the owner or | 700 |
lessee has objected as a site for possible relocation of the well | 701 |
if the chief of the division of mineral resources management has | 702 |
determined that the objection is well founded. The chief of the | 703 |
division of oil and gas resources management immediately shall | 704 |
notify the applicant for the permit of the disapproval and any | 705 |
suggestion made by the chief of the division of mineral resources | 706 |
management as to a new location for the well. The applicant may | 707 |
withdraw the application or amend the application to drill the | 708 |
well at the location suggested by the chief, or the applicant may | 709 |
appeal the disapproval of the application by the chief to the | 710 |
reclamation commission. | 711 |
If the chief of the division of mineral resources management | 712 |
receives no objection from the owner or lessee of a mine as to the | 713 |
location of the well, but does receive an objection from the owner | 714 |
or lessee as to one or more locations within fifty feet of the | 715 |
original location as possible sites for relocation of the well | 716 |
within ten days after receipt of the notice by the owner or | 717 |
lessee, and if in the opinion of the chief the objection is well | 718 |
founded, the chief nevertheless shall approve the application and | 719 |
shall return it immediately to the chief of the division of oil | 720 |
and gas resources management together with the reasons for | 721 |
disapproving any of the locations to which the owner or lessee | 722 |
objects as possible sites for the relocation of the well. The | 723 |
chief of the division of oil and gas resources management then | 724 |
shall issue a permit if the provisions of this chapter pertaining | 725 |
to the issuance of such a permit have been complied with, | 726 |
incorporating as a term or condition of the permit that the | 727 |
applicant is prohibited from commencing drilling at any location | 728 |
within fifty feet of the original location that has been | 729 |
disapproved by the chief of the division of mineral resources | 730 |
management. The applicant may appeal to the reclamation commission | 731 |
the terms and conditions of the permit prohibiting the | 732 |
commencement of drilling at any such location disapproved by the | 733 |
chief of the division of mineral resources management. | 734 |
Any such appeal shall be filed within fifteen days, | 735 |
notwithstanding provisions in division (A)(1) of section 1513.13 | 736 |
of the Revised Code to the contrary, from the date the applicant | 737 |
receives notice of the disapproval of the application, any other | 738 |
location within fifty feet of the original location, or terms or | 739 |
conditions of the permit, or the owner or lessee receives notice | 740 |
of the chief's decision. No approval or disapproval of an | 741 |
application shall be delayed by the chief of the division of | 742 |
mineral resources management for more than fifteen days from the | 743 |
date of sending the notice of the application to the mine owner or | 744 |
lessee as required by this section. | 745 |
The chief of the division of oil and gas resources management | 751 |
shall not issue a permit to drill a new well or reopen a well that | 752 |
is or is to be located within three hundred feet of any opening of | 753 |
any mine used as a means of ingress, egress, or ventilation for | 754 |
persons employed in the mine, nor within one hundred feet of any | 755 |
building or inflammable structure connected with the mine and | 756 |
actually used as a part of the operating equipment of the mine, | 757 |
unless the chief of the division of mineral resources management | 758 |
determines that life or property will not be endangered by | 759 |
drilling and operating the well in that location. | 760 |
The chief of the division of mineral resources management may | 761 |
suspend the drilling or reopening of a well in a coal bearing | 762 |
township after determining that the drilling or reopening | 763 |
activities present an imminent and substantial threat to public | 764 |
health or safety or to miners' health or safety and having been | 765 |
unable to contact the chief of the division of oil and gas | 766 |
resources management to request an order of suspension under | 767 |
section 1509.06 of the Revised Code. Before issuing a suspension | 768 |
order for that purpose, the chief of the division of mineral | 769 |
resources management shall notify the owner in a manner that in | 770 |
the chief's judgment would provide reasonable notification that | 771 |
the chief intends to issue a suspension order. The chief may issue | 772 |
such an order without prior notification if reasonable attempts to | 773 |
notify the owner have failed, but in that event notification shall | 774 |
be given as soon thereafter as practical. Within five calendar | 775 |
days after the issuance of the order, the chief shall provide the | 776 |
owner an opportunity to be heard and to present evidence that the | 777 |
activities do not present an imminent and substantial threat to | 778 |
public health or safety or to miners' health or safety. If, after | 779 |
considering the evidence presented by the owner, the chief | 780 |
determines that the activities do not present such a threat, the | 781 |
chief shall revoke the suspension order. An owner may appeal a | 782 |
suspension order issued by the chief of the division of mineral | 783 |
resources management under this section to the reclamation | 784 |
commission in accordance with section 1513.13 of the Revised Code | 785 |
or may appeal the order directly to the court of common pleas of | 786 |
the county in which the well is located. | 787 |
Sec. 1509.21. No(A) Except as provided in division (B) of | 788 |
this section, no person shall, without first having obtained a | 789 |
permit from the chief of the division of oil and gas resources | 790 |
management, conduct secondary or additional recovery operations, | 791 |
including any underground injection of fluids or carbon dioxide | 792 |
for the secondary or tertiary recovery of oil or natural gas or | 793 |
for the storage of hydrocarbons that are liquid at standard | 794 |
temperature or pressure, unless a rule of the chief expressly | 795 |
authorizes such operations without a permit. The permit shall be | 796 |
in addition to any permit required by section 1509.05 of the | 797 |
Revised Code. Secondary or additional recovery operations shall be | 798 |
conducted in accordance with rules and orders of the chief and any | 799 |
terms or conditions of the permit authorizing such operations. In | 800 |
addition, the chief may authorize tests to evaluate whether fluids | 801 |
or carbon dioxide may be injected in a reservoir and to determine | 802 |
the maximum allowable injection pressure. The tests shall be | 803 |
conducted in accordance with methods prescribed in rules of the | 804 |
chief or conditions of the permit. Rules adopted under this | 805 |
section shall include provisions regarding applications for and | 806 |
the issuance of permits; the terms and conditions of permits; | 807 |
entry to conduct inspections and to examine records to ascertain | 808 |
compliance with this section and rules, orders, and terms and | 809 |
conditions of permits adopted or issued thereunder; the provision | 810 |
and maintenance of information through monitoring, recordkeeping, | 811 |
and reporting; and other provisions in furtherance of the goals of | 812 |
this section and the Safe Drinking Water Act. To implement the | 813 |
goals of the Safe Drinking Water Act, the chief shall not issue a | 814 |
permit for the underground injection of fluids for the secondary | 815 |
or tertiary recovery of oil or natural gas or for the storage of | 816 |
hydrocarbons that are liquid at standard temperature and pressure, | 817 |
unless the chief concludes that the applicant has demonstrated | 818 |
that the injection will not result in the presence of any | 819 |
contaminant in underground water that supplies or can be | 820 |
reasonably expected to supply any public water system, such that | 821 |
the presence of any such contaminant may result in the system's | 822 |
not complying with any national primary drinking water regulation | 823 |
or may otherwise adversely affect the health of persons. Rules, | 824 |
orders, and terms or conditions of permits adopted or issued under | 825 |
this section shall be construed to be no more stringent than | 826 |
required for compliance with the Safe Drinking Water Act, unless | 827 |
essential to ensure that underground sources of drinking water | 828 |
will not be endangered. | 829 |
(1) Brine from any well except an exempt Mississippian well | 864 |
shall be disposed of only by injection into an underground | 865 |
formation, including annular disposal if approved by rule of the | 866 |
chief, which injection shall be subject to division (D) of this | 867 |
section; by surface application in accordance with section | 868 |
1509.226 of the Revised Code; in association with a method of | 869 |
enhanced recovery as provided in section 1509.21 of the Revised | 870 |
Code; or by other methods approved by the chief for testing or | 871 |
implementing a new technology or method of disposal. Brine from | 872 |
exempt Mississippian wells shall not be discharged directly into | 873 |
the waters of the state. | 874 |
(D)(1) NoExcept as provided in division (D)(2) of this | 897 |
section, no person, without first having obtained a permit from | 898 |
the chief, shall inject brine or other waste substances resulting | 899 |
from, obtained from, or produced in connection with oil or gas | 900 |
drilling, exploration, or production into an underground formation | 901 |
unless a rule of the chief expressly authorizes the injection | 902 |
without a permit. The permit shall be in addition to any permit | 903 |
required by section 1509.05 of the Revised Code, and the permit | 904 |
application shall be accompanied by a permit fee of one thousand | 905 |
dollars. The chief shall adopt rules in accordance with Chapter | 906 |
119. of the Revised Code regarding the injection into wells of | 907 |
brine and other waste substances resulting from, obtained from, or | 908 |
produced in connection with oil or gas drilling, exploration, or | 909 |
production. The rules shall include provisions regarding all of | 910 |
the following: | 911 |
(3) To implement the goals of the Safe Drinking Water Act | 944 |
Except as provided in division (D)(2) of this section, the chief | 945 |
shall not issue a permit for the injection of brine or other waste | 946 |
substances resulting from, obtained from, or produced in | 947 |
connection with oil or gas drilling, exploration, or production | 948 |
unless the chief concludes that the applicant has demonstrated | 949 |
that the injection will not result in the presence of any | 950 |
contaminant in ground water that supplies or can reasonably be | 951 |
expected to supply any public water system, such that the presence | 952 |
of the contaminant may result in the system's not complying with | 953 |
any national primary drinking water regulation or may otherwise | 954 |
adversely affect the health of persons. | 955 |
(F) An owner shall replace the water supply of the holder of | 972 |
an interest in real property who obtains all or part of the | 973 |
holder's supply of water for domestic, agricultural, industrial, | 974 |
or other legitimate use from an underground or surface source | 975 |
where the supply has been substantially disrupted by | 976 |
contamination, diminution, or interruption proximately resulting | 977 |
from the owner's oil or gas operation, or the owner may elect to | 978 |
compensate the holder of the interest in real property for the | 979 |
difference between the fair market value of the interest before | 980 |
the damage occurred to the water supply and the fair market value | 981 |
after the damage occurred if the cost of replacing the water | 982 |
supply exceeds this difference in fair market values. However, | 983 |
during the pendency of any order issued under this division, the | 984 |
owner shall obtain for the holder or shall reimburse the holder | 985 |
for the reasonable cost of obtaining a water supply from the time | 986 |
of the contamination, diminution, or interruption by the operation | 987 |
until the owner has complied with an order of the chief for | 988 |
compliance with this division or such an order has been revoked or | 989 |
otherwise becomes not effective. If the owner elects to pay the | 990 |
difference in fair market values, but the owner and the holder | 991 |
have not agreed on the difference within thirty days after the | 992 |
chief issues an order for compliance with this division, within | 993 |
ten days after the expiration of that thirty-day period, the owner | 994 |
and the chief each shall appoint an appraiser to determine the | 995 |
difference in fair market values, except that the holder of the | 996 |
interest in real property may elect to appoint and compensate the | 997 |
holder's own appraiser, in which case the chief shall not appoint | 998 |
an appraiser. The two appraisers appointed shall appoint a third | 999 |
appraiser, and within thirty days after the appointment of the | 1000 |
third appraiser, the three appraisers shall hold a hearing to | 1001 |
determine the difference in fair market values. Within ten days | 1002 |
after the hearing, the appraisers shall make their determination | 1003 |
by majority vote and issue their final determination of the | 1004 |
difference in fair market values. The chief shall accept a | 1005 |
determination of the difference in fair market values made by | 1006 |
agreement of the owner and holder or by appraisers under this | 1007 |
division and shall make and dissolve orders accordingly. This | 1008 |
division does not affect in any way the right of any person to | 1009 |
enforce or protect, under applicable law, the person's interest in | 1010 |
water resources affected by an oil or gas operation. | 1011 |
(2) The maximum number of barrels of substance per injection | 1032 |
well in a calendar year on which a fee may be levied under | 1033 |
division (H) of this section is five hundred thousand. If in a | 1034 |
calendar year the owner of an injection well receives more than | 1035 |
five hundred thousand barrels of substance to be injected in the | 1036 |
owner's well and if the owner receives at least one substance that | 1037 |
is produced within the division's regulatory district in which the | 1038 |
well is located or within an adjoining regulatory district and at | 1039 |
least one substance that is not produced within the division's | 1040 |
regulatory district in which the well is located or within an | 1041 |
adjoining regulatory district, the fee shall be calculated first | 1042 |
on all of the barrels of substance that are not produced within | 1043 |
the division's regulatory district in which the well is located or | 1044 |
within an adjoining district at the rate established in division | 1045 |
(H)(2) of this section. The fee then shall be calculated on the | 1046 |
barrels of substance that are produced within the division's | 1047 |
regulatory district in which the well is located or within an | 1048 |
adjoining district at the rate established in division (H)(1) of | 1049 |
this section until the maximum number of barrels established in | 1050 |
division (H)(2) of this section has been attained. | 1051 |
(3) The owner of an injection well who is issued a permit | 1052 |
under division (D) of this section shall collect the fee levied by | 1053 |
division (H) of this section on behalf of the division of oil and | 1054 |
gas resources management and forward the fee to the division. The | 1055 |
chief shall transmit all money received under division (H) of this | 1056 |
section to the treasurer of state who shall deposit the money in | 1057 |
the state treasury to the credit of the oil and gas well fund | 1058 |
created in section 1509.02 of the Revised Code. The owner of an | 1059 |
injection well who collects the fee levied by this division may | 1060 |
retain up to three per cent of the amount that is collected. | 1061 |
(D) A registered transporter shall apply to revise a disposal | 1127 |
plan under procedures that the chief shall prescribe by rule. | 1128 |
However, at a minimum, an application for a revision shall list | 1129 |
all sources and disposal sites of brine currently transported. The | 1130 |
chief shall deny any application for a revision of a plan under | 1131 |
this division if the chief finds that the proposed revised plan | 1132 |
does not provide for compliance with the requirements of this | 1133 |
chapter and rules of the chief pertaining to the transportation of | 1134 |
brine by vehicle and the disposal of brine so transported. | 1135 |
Approvals and denials of revisions shall be by order of the chief. | 1136 |
Sec. 1509.224. (A) In addition to any other remedies | 1185 |
provided in this chapter, if the chief of the division of oil and | 1186 |
gas resources management has reason to believe that a pattern of | 1187 |
the same or similar violations of any requirements of section | 1188 |
1509.22, 1509.222, or 1509.223 of the Revised Code, or any rule | 1189 |
adopted thereunder or term or condition of the registration | 1190 |
certificate issued thereunder exists or has existed, and the | 1191 |
violations are caused by the transporter's indifference, lack of | 1192 |
diligence, or lack of reasonable care, or are willfully caused by | 1193 |
the transporter, the chief shall immediately issue an order to the | 1194 |
transporter to show cause why the certificate should not be | 1195 |
suspended or revoked. After the issuance of the order, the chief | 1196 |
shall provide the transporter an opportunity to be heard and to | 1197 |
present evidence at an informal hearing conducted by the chief. | 1198 |
If, at the conclusion of the hearing, the chief finds that such a | 1199 |
pattern of violations exists or has existed, the chief shall issue | 1200 |
an order suspending or revoking the transporter's registration | 1201 |
certificate. An order suspending or revoking a certificate under | 1202 |
this section may be appealed under sections 1509.36 and 1509.37 of | 1203 |
the Revised Code, or notwithstanding any other provision of this | 1204 |
chapter, may be appealed directly to the court of common pleas of | 1205 |
Franklin county. | 1206 |
(B) Before issuing an order denying a registration | 1207 |
certificate; approving or denying approval of an application for | 1208 |
revision of a registered transporter's plan for disposal; or to | 1209 |
implement, administer, or enforce section 1509.22, 1509.222, | 1210 |
1509.223, or 1509.225, or 1509.226 of the Revised Code and rules | 1211 |
and terms and conditions of registration certificates adopted or | 1212 |
issued thereunder pertaining to the transportation of brine by | 1213 |
vehicle and the disposal of brine so transported, the chief shall | 1214 |
issue a preliminary order indicating the chief's intent to issue a | 1215 |
final order. The preliminary order shall clearly state the nature | 1216 |
of the chief's proposed action and the findings on which it is | 1217 |
based and shall state that the preliminary order becomes a final | 1218 |
order thirty days after its issuance unless the person to whom the | 1219 |
preliminary order is directed submits to the chief a written | 1220 |
request for an informal hearing before the chief within that | 1221 |
thirty-day period. At the hearing the person may present evidence | 1222 |
as to why the preliminary order should be revoked or modified. | 1223 |
Based upon the findings from the informal hearing, the chief shall | 1224 |
revoke, issue, or modify and issue the preliminary order as a | 1225 |
final order. A final order may be appealed under sections 1509.36 | 1226 |
and 1509.37 of the Revised Code. | 1227 |