Bill Text: OH SB378 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To revise the required setback distance of a well from an occupied dwelling and to establish oil and brine storage tank requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-10-04 - To Agriculture, Environment & Natural Resources [SB378 Detail]

Download: Ohio-2011-SB378-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 378

Senator Schiavoni 

Cosponsor: Senator Cafaro 

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A BILL

To amend section 1509.021 and to enact section

1

1509.16 of the Revised Code to revise the required

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setback distance of a well from an occupied

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dwelling and to establish oil and brine storage

4

tank requirements.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 1509.021 be amended and section	6
1509.16 of the Revised Code be enacted to read as follows:	7

Sec. 1509.021. On and after June 30, 2010, all of the	8
following apply:	9

(A) TheOn and after the effective date of this amendment,	10
the surface location of a new well or a tank battery of a well	11
shall not be within onethree hundred fifty feet of an occupied	12
dwelling that is located in an urbanized area unless the owner of	13
the land on which the occupied dwelling is located consents in	14
writing to the surface location of the well or tank battery of a	15
well less than onethree hundred fifty feet from the occupied	16
dwelling and the chief of the division of oil and gas resources	17
management approves the written consent of that owner. However,	18
the chief shall not approve the written consent of such an owner	19
when the surface location of a new well or a tank battery of a	20
well will be within one hundred feet of an occupied dwelling that	21
is located in an urbanized area.	22

(B) The surface location of a new well shall not be within	23
one hundred fifty feet from the property line of a parcel of land	24
that is not in the drilling unit of the well if the parcel of land	25
is located in an urbanized area and directional drilling will be	26
used to drill the new well unless the owner of the parcel of land	27
consents in writing to the surface location of the well less than	28
one hundred fifty feet from the property line of the parcel of	29
land and the chief approves the written consent of that owner.	30
However, the chief shall not approve the written consent of such	31
an owner when the surface location of a new well will be less than	32
one hundred feet from the property line of the owner's parcel of	33
land that is not in the drilling unit of the well if the parcel of	34
land is located in an urbanized area and directional drilling will	35
be used.	36

(C) The surface location of a new well shall not be within	37
two hundred feet of an occupied dwelling that is located in an	38
urbanized area and that is located on land that has become part of	39
the drilling unit of the well pursuant to a mandatory pooling	40
order issued under section 1509.27 of the Revised Code unless the	41
owner of the land on which the occupied dwelling is located	42
consents in writing to the surface location of the well at a	43
distance that is less than two hundred feet from the occupied	44
dwelling. However, if the owner of the land on which the occupied	45
dwelling is located provides such written consent, the surface	46
location of the well shall not be within one hundred feet of the	47
occupied dwelling.	48

If an applicant cannot identify an owner of land or if an	49
owner of land is not responsive to attempts by the applicant to	50
contact the owner, the applicant may submit an affidavit to the	51
chief attesting to such an unidentifiable owner or to such	52
unresponsiveness of an owner and attempts by the applicant to	53
contact the owner and include a written request to reduce the	54
distance of the location of the well from the occupied dwelling to	55
less than two hundred feet. If the chief receives such an	56
affidavit and written request, the chief shall reduce the distance	57
of the location of the well from the occupied dwelling to a	58
distance of not less than one hundred feet.	59

(D)(C) Except as otherwise provided in division (L)(J) of	60
this section, the surface location of a new well shall not be	61
within one hundred fifty feet of the property line of a parcel of	62
land that is located in an urbanized area and that has become part	63
of the drilling unit of the well pursuant to a mandatory pooling	64
order issued under section 1509.27 of the Revised Code unless the	65
owner of the land consents in writing to the surface location of	66
the well at a distance that is less than one hundred fifty feet	67
from the owner's property line. However, if the owner of the land	68
provides such written consent, the surface location of the well	69
shall not be within seventy-five feet of the property line of the	70
owner's parcel of land.	71

If an applicant cannot identify an owner of land or if an	72
owner of land is not responsive to attempts by the applicant to	73
contact the owner, the applicant may submit an affidavit to the	74
chief attesting to such an unidentifiable owner or to such	75
unresponsiveness of an owner and attempts by the applicant to	76
contact the owner and include a written request to reduce the	77
distance of the location of the well from the property line of the	78
owner's parcel of land to less than one hundred fifty feet. If the	79
chief receives such an affidavit and written request, the chief	80
shall reduce the distance of the location of the well from the	81
property line to a distance of not less than seventy-five feet.	82

(E) The surface location of a new tank battery of a well	83
shall not be within one hundred fifty feet of an occupied dwelling	84
that is located in an urbanized area and that is located on land	85
that has become part of the drilling unit of the well pursuant to	86
a mandatory pooling order issued under section 1509.27 of the	87
Revised Code unless the owner of the land on which the occupied	88
dwelling is located consents in writing to the location of the	89
tank battery at a distance that is less than one hundred fifty	90
feet from the occupied dwelling. However, if the owner of the land	91
on which the occupied dwelling is located provides such written	92
consent, the location of the tank battery shall not be within one	93
hundred feet of the occupied dwelling.	94

If an applicant cannot identify an owner of land or if an	95
owner of land is not responsive to attempts by the applicant to	96
contact the owner, the applicant may submit an affidavit to the	97
chief attesting to such an unidentifiable owner or to such	98
unresponsiveness of an owner and attempts by the applicant to	99
contact the owner and include a written request to reduce the	100
distance of the location of the tank battery from the occupied	101
dwelling to less than one hundred fifty feet. If the chief	102
receives such an affidavit and written request, the chief shall	103
reduce the distance of the location of the tank battery from the	104
occupied dwelling to a distance of not less than one hundred feet.	105

(F)(D) Except as otherwise provided in division (L)(J) of	106
this section, the location of a new tank battery of a well shall	107
not be within seventy-five feet of the property line of a parcel	108
of land that is located in an urbanized area and that has become	109
part of the drilling unit of the well pursuant to a mandatory	110
pooling order issued under section 1509.27 of the Revised Code	111
unless the owner of the land consents in writing to the location	112
of the tank battery at a distance that is less than seventy-five	113
feet from the owner's property line. However, if the owner of the	114
land provides such written consent, the location of the tank	115
battery shall not be within the property line of the owner's	116
parcel of land.	117

If an applicant cannot identify an owner of land or if an	118
owner of land is not responsive to attempts by the applicant to	119
contact the owner, the applicant may submit an affidavit to the	120
chief attesting to such an unidentifiable owner or to such	121
unresponsiveness of an owner and attempts by the applicant to	122
contact the owner and include a written request to reduce the	123
distance of the location of the tank battery from the property	124
line of the owner's parcel of land to less than seventy-five feet.	125
If the chief receives such an affidavit and written request, the	126
chief shall reduce the distance of the location of the tank	127
battery from the property line, provided that the tank battery	128
shall not be within the property line of the owner's parcel of	129
land.	130

(G)(E) On and after the effective date of this amendment, the	131
location of a new tank battery, separator, and other associated	132
equipment of a well shall not be within seventy-five feet of the	133
property line of a parcel of land that is not a part of the	134
drilling unit of the well unless the owner of the land consents in	135
writing to the location of the tank battery, separator, or other	136
associated equipment, as applicable, at a distance that is less	137
than seventy-five feet from the owner's property line. However, if	138
the owner of the land provides such written consent, the location	139
of the tank battery, separator, and other associated equipment	140
shall not be within the property line of the owner's parcel of	141
land.	142

If an applicant cannot identify an owner of land or if an	143
owner of land is not responsive to attempts by the applicant to	144
contact the owner, the applicant may submit an affidavit to the	145
chief attesting to such an unidentifiable owner or to such	146
unresponsiveness of an owner and attempts by the applicant to	147
contact the owner and include a written request to reduce the	148
distance of the location of the tank battery, separator, or other	149
associated equipment, as applicable, from the property line of the	150
owner's parcel of land to less than seventy-five feet. If the	151
chief receives such an affidavit and written request, the chief	152
shall reduce the distance of the location of the tank battery,	153
separator, or other associated equipment, as applicable, from the	154
property line, provided that the tank battery, separator, or other	155
associated equipment shall not be within the property line of the	156
owner's parcel of land.	157

(F) For purposes of divisions (C) to (F)(E) of this section,	158
written consent of an owner of land may be provided by any of the	159
following:	160

(1) A copy of an original lease agreement as recorded in the	161
office of the county recorder of the county in which the occupied	162
dwelling or property is located that expressly provides for the	163
reduction of the distance of the location of a well or a tank	164
battery, as applicable, from an occupied dwelling or a property	165
line;	166

(2) A copy of a deed severing the oil or gas mineral rights,	167
as applicable, from the owner's parcel of land as recorded in the	168
office of the county recorder of the county in which the property	169
is located that expressly provides for the reduction of the	170
distance of the location of a well or a tank battery, as	171
applicable, from an occupied dwelling or a property line;	172

(3) A written statement that consents to the proposed	173
location of a well or, a tank battery, a separator, or other	174
associated equipment, as applicable, and that is approved by the	175
chief. For purposes of division (G)(F)(3) of this section, an	176
applicant shall submit a copy of a written statement to the chief.	177

(H)(G) For areas that are not urbanized areas, the surface	178
location of a new well shall not be within one hundred feet of an	179
occupied private dwelling or of a public building that may be used	180
as a place of assembly, education, entertainment, lodging, trade,	181
manufacture, repair, storage, or occupancy by the public. This	182
division does not apply to a building or other structure that is	183
incidental to agricultural use of the land on which the building	184
or other structure is located unless the building or other	185
structure is used as an occupied private dwelling or for retail	186
trade.	187

(I)(H) The surface location of a new well shall not be within	188
one hundred feet of any other well. However, an applicant may	189
submit a written statement to request the chief to authorize a new	190
well to be located at a distance that is less than one hundred	191
feet from another well. If the chief receives such a written	192
statement, the chief may authorize a new well to be located within	193
one hundred feet of another well if the chief determines that the	194
applicant satisfactorily has demonstrated that the location of the	195
new well at a distance that is less than one hundred feet from	196
another well is necessary to reduce impacts to the owner of the	197
land on which the well is to be located or to the surface of the	198
land on which the well is to be located.	199

(J) For areas that are not urbanized areas, the location of a	200
new tank battery of a well shall not be within one hundred feet of	201
an existing inhabited structure.	202

(K)(I) The location of a new tank battery of a well shall not	203
be within fifty feet of any other well.	204

(L)(J) The location of a new well or a new tank battery of a	205
well shall not be within fifty feet of a stream, river,	206
watercourse, water well, pond, lake, or other body of water.	207
However, the chief may authorize a new well or a new tank battery	208
of a well to be located at a distance that is less than fifty feet	209
from a stream, river, watercourse, water well, pond, lake, or	210
other body of water if the chief determines that the reduction in	211
the distance is necessary to reduce impacts to the owner of the	212
land on which the well or tank battery of a well is to be located	213
or to protect public safety or the environment.	214

(M)(K) The surface location of a new well or a new tank	215
battery of a well shall not be within fifty feet of a railroad	216
track or of the traveled portion of a public street, road, or	217
highway. This division applies regardless of whether the public	218
street, road, or highway has become part of the drilling unit of	219
the well pursuant to a mandatory pooling order issued under	220
section 1509.27 of the Revised Code.	221

(N)(L) A new oil tank shall not be within three feet of	222
another oil tank.	223

(O)(M) The surface location of a mechanical separator shall	224
not be within any of the following:	225

(1) Fifty feet of a well;

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(2) Ten feet of an oil tank;

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(3) One hundred feet of an existing inhabited structure.

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(P)(N) A vessel that is equipped in such a manner that the	229
contents of the vessel may be heated shall not be within any of	230
the following:	231

(1) Fifty feet of an oil production tank;

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(2) Fifty feet of a well;

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(3) One hundred feet of an existing inhabited structure;

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(4) If the contents of the vessel are heated by a direct fire	235
heater, fifty feet of a mechanical separator.	236

Sec. 1509.16. On and after the effective date of this	237
section, the owner of a well shall ensure that each oil storage	238
tank and each brine storage tank located at the well complies with	239
all of the following:	240

(A) The tank is located on the surface of the land and is not	241
buried.	242

(B) The tank is not of a height that is greater than three	243
feet above the highest portion of the fencing that encloses the	244
tank.	245

(C) Each tank hatch has a functioning seal and is secured at	246
all times that the owner of the well or the owner's authorized	247
representative is not at the well site at which the tank is	248
located.	249

(D) Each vent stack on the tank has a functioning	250
low-pressure relief valve.	251

(E) The tank is not equipped with glass or plastic siting	252
tubes.	253

(F) A tank that is or may be used for oil storage has a	254
functioning lightning arrestor.	255

Section 2. That existing section 1509.021 of the Revised Code	256
is hereby repealed.	257