Ohio Adm.Code 1501:9 | Ohio Administrative Code 1501:9 — Department of Natural Resources | Division of Mineral Resources Management-Oil and Gas

Chapter 1501:9-1 Oil Well Drilling

Ohio Adm.Code 1501:9-1-01 General provisions.

(A) Definitions. As used in Chapters 1501:9-1 to 1501:9-12 of the Administrative Code:

(1) "Access road" means any road used as primary ingress and egress to the wellhead, tank battery, and associated equipment used in the production of a well.

(2) "Active underground mine" means an underground excavation of coal or industrial minerals in any phase of the mining operation which is required to be permitted by the division of mineral resources management, regularly and routinely examined by state-certified forepersons, and inspected quarterly by mine safety inspectors of the division of mineral resources management for compliance with mine safety laws, including the active workings of a mine, any and all sealed or unsealed boreholes, shafts, drifts, slopes or any other openings to the surface, and any and all in-seam contiguous, abandoned areas physically connected to but separated by permanently constructed seals from the current active workings where miners are able to work or travel.

(3) "Adverse communication" means a negative communication at an offset well that may include damage to production tubing, casing, or the wellhead, or sudden significant increased volume of brine from the subsequent hydraulic fracturing treatment of another well in the same subject tract.

(4) "API" means the American petroleum institute.

(5) "Applicant" or "person" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any government or a political subdivision or agency thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.

(6) "Annulus" means the space between a wellbore and tubulars or between tubulars where fluid can flow.

(7) "ASTM" means ASTM international, formerly known as the American society for testing and materials.

(8) "Authorized representative of the owner" means any contractor, sub-contactor or person directed by an owner or owner holding a permit, to complete any aspect of well site construction, drilling, production, and restoration.

(9) "Best Management Practices (BMPs) For Oil and Gas Well Site Construction Manual" means practices, procedures and structures used to minimize accelerated erosion from oil and gas well site construction and well site restoration outlined in the manual, dated June 2013, which can be located at the division's website, oilandgas.ohiodnr.gov or by contacting the division of oil and gas resources management.

(10) "Best Management Practices (BMPs) For Pre-drilling Water Sampling Manual" means methods for ground water sampling from private or public supplies using practices, processes and procedures outlined in the manual, dated September 20, 2012, which can be located at the division's website, oilandgas.ohiodnr.gov or by contacting the division of oil and gas resources management.

(11) "Brine" has the same meaning as in section 1509.01 of the Revised Code.

(12) "Cage" means a wire, wood, metal or similar material surrounding a wellhead.

(13) "Casing shoe test" means a pressure test conducted after drilling into the confining strata below a cemented casing string seat to evaluate pressure containment integrity and to determine the maximum fluid density that the strata can contain without breaking down.

(14) "Chief" means the chief of the division of oil and gas resources management.

(15) "Condensate" means liquid hydrocarbons that were originally in the gaseous phase in the reservoir.

(16) "Conductor casing" means one or more strings of casing set and cemented to provide a base for an air body for diversion of shallow naturally occurring natural gas including coalbed methane and to accomplish one or more of the following well construction objectives:

(a) Stabilize unconsolidated sediments;

(b) Isolate shallow aquifers that provide or are capable of providing groundwater for water wells and springs in the vicinity of the well; or

(17) "Contractor" means any third party engaged by an owner to conduct drilling, producing, and other operations.

(18) "Direct notification" means, person to person or phone contact between a well owner, owner holding a permit or their authorized representative and a division inspector and/or division field office staff. Voice mail messages are not considered direct notification.

(19) "Division" means the division of oil and gas resources management, department of natural resources.

(20) "Drilling unit" has the same meaning as in section 1509.01 of the Revised Code.

(21) "Drive pipe" means a casing string that is driven through unconsolidated sediment to stabilize the wellbore and isolate associated groundwater.

(22) "Exempt domestic well" has the same meaning as in section 1509.01 of the Revised Code.

(23) "Field" means the general area underlaid by one or more pools.

(24) "Gas" means all natural gas and all other fluid hydrocarbons not defined in this paragraph as oil, including condensate.

(25) "GPS" means global positioning system, which is a global satellite-based system for determining precise location on Earth.

(26) "Horizontal well" has the same meaning as in section 1509.01 of the Revised Code.

(27) "Inhabited structure" means any inhabited private dwelling house and any public building which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic, or occupancy by the public.

(28) "Inspector" means the person who has been designated by the chief under section 1509.03 of the Revised Code, to administer and enforce provisions of Chapter 1509. of the Revised Code or rules thereunder.

(29) "Intermediate casing" means one or more strings of casing set after surface casing has been cemented through the base of the deepest underground source of drinking water, but before drilling into the permitted hydrocarbon reservoir(s) to isolate hydrocarbon or brine bearing flow zones, stabilize the wellbore, to isolate protected groundwater if encountered after drilling below surface casing, isolate lost circulation zones or other potential geologic hazards, or serve as a base for well control equipment.

(30) "Lead cement" means the first, typically less-dense slurry pumped during primary cementing operations to seal intervals above those sealed by the tail cement and to reduce the hydrostatic pressure of the cement slurry column at the casing seat while the slurry sets.

(31) "Liner" means a string of casing set and cemented which does not extend to surface. Liners are anchored or suspended inside the previous casing string and may serve the purpose of intermediate or production casing strings.

(32) "Manager" means the operator, whether the owner or not, of a well or wells.

(33) "Map" means a graphic representation of the location and size of the existing or proposed objects it is made to represent, accurately drawn to a scale no smaller than four hundred feet to the inch.

(34) "Mine string" means a string of casing set and cemented to isolate a mine void, rubble zone, or a mined seam.

(35) "Minimum internal yield pressure" means the minimum internal pressure at which permanent casing deformation could take place assuming no external pressure.

(36) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(37) "Oil and gas" means oil or gas or both. The use of the plural includes the singular, and the use of the singular includes the plural.

(38) "Owner" means the person who has the right to drill on a tract or drilling unit and to drill into and produce from a pool and to appropriate the oil or gas that he produces therefrom either for himself or for others.

(39) "Pool" means an underground reservoir containing a common accumulation of oil or gas, or both, but does not include a gas storage reservoir. Each zone of a geological structure and each zone of a geological feature that is completely separated from any other zone in the same structure or feature may contain a separate pool.

(40) "Potable water supply" means water that is satisfactory for drinking, culinary, and domestic purposes as defined by the Ohio department of health for private water systems in paragraph (LLL) of rule 3701-28-01 of the Administrative Code.

(41) "Potential flow zone" means any zone in a well where hydrocarbons or other fluids can flow when wellbore pressure is less than pore pressure and isolation of such zones is necessary to:

(a) Isolate hydrocarbons that may be present in testable or commercial quantities;

(b) Prevent over-pressurization of the surface casing annulus; or

(42) "Producer" means the owner of a well capable of or producing oil or gas or both.

(43) "Production casing" means a string of casing set to isolate the permitted hydrocarbon bearing reservoir(s), and other pressurized flow or corrosive, hydrogen sulfide-bearing zones not effectively isolated by previous casing(s).

(44) "Protection of correlative rights" means administration and enforcement of these rules and regulations by the chief in such a manner as to afford reasonable opportunity to every person entitled thereto to recover and receive the oil and gas in and under his tract or tracts, or the equivalent thereof, without having to drill unnecessary wells or to incur other unnecessary expense.

(45) "Rathole" or "mousehole" means the temporary storage space that is used to store the kelly or drill pipe while adding a new section of pipe to the drill string at some rotary drilling rigs.

(46) "Rules adopted or promulgated by the chief," "rules adopted thereunder," "rules herein, "applicable rules," "these rules and regulations," or "these rules" means all rules contained in Chapters 1501:9-1 to 1501:9-12 of the Administrative Code.

(47) "Spudding" means to begin drilling, to start the hole.

(48) "Storage protective boundary" means the line denoting the outermost protected area surrounding a storage reservoir certified by the federal energy regulatory commission (FERC), or, absent a FERC certificate, the boundary as defined by divisions (D)(2) and (E) of section 1571.01 of the Revised Code.

(49) "Subject tract" means a tract or tracts upon which a person proposes to drill, reopen, deepen, plug back, or re-work one or more wells for producing oil and natural gas.

(50) "Surface casing" means a string of casing set and cemented to isolate and protect the deepest underground source of drinking water and to serve as a base for well control equipment.

(51) "Sustained annular pressure" means pressure in an annulus between casing strings that is measurable at the wellhead and rebuilds to at least the same shut-in pressure after pressure has been released.

(52) "Tail cement" means the last, typically higher density slurry pumped during primary cementing operations to seal the casing seat and isolate specific intervals providing faster thickening times and higher early compressive strength.

(53) "Take point" means any point along a well bore where oil, gas, or oil and gas may be produced from a pool.

(54) "Tank battery" means any combination of oil collection tanks, brine collection tanks, and associated equipment within a containment dike.

(55) "Tract" has the same meaning as in section 1509.01 of the Revised Code.

(56) "Urbanized area" means an area where a well or production facilities of a well are located within a municipal corporation or within a township that has an unincorporated population of more than five thousand in the most recent federal decennial census prior to the issuance of the permit for the well or production facilities.

(57) "Underground source of drinking water" and "USDW" mean an aquifer or portion of an aquifer that supplies any public water system or that contains a sufficient quantity of groundwater to supply a public water system, and currently supplies drinking water for human consumption, or that contains fewer than ten thousand milligrams per liter total dissolved solids and is not an exempted aquifer.

(58) "Vault" means a structure normally made of concrete surrounding the wellhead, recessed into the ground, all or portion that is placed below ground surfaces.

(59) "Waste" means and includes:

(a) Physical waste, such as the term is understood generally in the oil and gas industry;

(b) Inefficient, excessive, or improper use, or the unnecessary dissipation of reservoir energy;

(d) Locating, drilling, equipping, operating, or producing an oil or gas well in a manner that reduces or tends to reduce the quantity of oil or gas ultimately recoverable under prudent and proper operation from the pool into which it is drilled, or that causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; and

(e) Other underground or surface waste in the production, transportation, or storage of oil, gas, or condensate, however caused.

(60) "Well" has the same meaning as in section 1509.01 of the Revised Code.

(61) "Well integrity" means the quality or condition of a well being structurally sound with competent pressure seals by the application of technical and operational solutions that prevent uncontrolled fluid release or migration of annular fluids into protected groundwater throughout the well life cycle.

(62) "Well site construction" means any activity by an owner holding a permit, well owner or the owners authorized representative to build the access roads, prepare the drill site location for the drilling rig or tank battery and associated equipment and restoration of the well site.

(B) Rules for giving public notice - adoption, amendment, or rescission of rules.

(1) Public notices of hearings to adopt, amend, or rescind rules, to be conducted by the division of oil and gas resources management, department of natural resources, state of Ohio, shall be given in the register of Ohio.

(2) At least thirty days notice of the time and place of a public hearing shall be given by said notice which shall state the division's intention to consider adopting, amending, or rescinding a rule; a synopsis or the full text of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which such proposed rule relates; and the date, time, and place of the hearing on said proposed action.

The division shall prescribe forms required under these rules and regulations and, upon request, furnish such forms to any interested person requiring use of same.

History

Effective: January 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 3701-28-01

(A) "Alter or alteration" means to make a change in the type of construction or configuration of a private water system, including without limitation:

(1) Adding or changing the design of continuous disinfection, water treatment, methane treatment device, or a cyst reduction filter;

(2) Converting a well with a buried seal to a well with a pitless adapter or well house installation;

(3) Extending a distribution system to one or more dwellings or buildings including extending a distribution system to a new building or dwelling that is a reconstructed replacement for a building or dwelling that has been razed or destroyed;

(4) Except when sealing or decommissioning a private water system, disconnecting the water source from a service line going to one or more service connections including when connecting to a public water supply;

(5) Converting a well that uses a well pit to a well with a pitless adapter or well house type of construction; extending casing that currently terminates below ground to extend above ground; deepening a well; or repairing, extending, or replacing any portion of the inside or outside casing or wall, or the walls of a spring or cistern, that extend below ground level;

(6) Conversion of a permitted test well to a private water system.

(B) "ANSI" means the American national standards institute.

(D) "Annular space" means the space between a borehole wall and the casing or casing coupling of a well, the space between a casing pipe and liner pipe, the space between a temporary casing and a permanent casing, or strings of nested casing.

(E) "Aquifer" means a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water.

(F) "Atmospheric break" means an unobstructed vertical separation in the open air between the lowest opening of any pipe or faucet supplying water to or draining from a holding tank, plumbing fixture, or other device and the highest flood level of the receiving drain or area.

(G) "ASTM" means the American society for testing and materials.

(H) "Backflow prevention device" means any device, method, or type of construction to prevent backflow of water, liquids, mixtures, or substances into the distributing pipes of a potable supply of water from any source other than its intended source. Any device used as a backflow prevention device must contain a dual check valve assembly meeting the requirements of American society of sanitary engineering (ASSE) standards 1013, 1015 or 1024 and/or an air gap.

(1) "Dual check valve" means a backflow prevention device consisting of two spring-loaded, independently acting check valves.

(2) "Air gap" is a method of creating a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved air gap shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel, but, never less than one half inch.

(I) "Bentonite" means a plastic, colloidal clay which has an extensive ability to absorb water and swell in volume, and which is composed predominantly of sodium montmorillonite.

(J) "Bentonite grout" means a slurry of bentonite and water which has a minimum solids concentration of twenty per cent or bentonite in a pelletized, granular, or coarse grade form.

(K) "Board of health" means the board of health of a city or general health district created by or under the authority of Chapter 3709. of the Revised Code, the authority having the duties of a board of health in any city as authorized under section 3709.05 of the Revised Code, or the authorized representative of such a board or authority.

(L) "Building" means any structure as defined in section 3781.06 of the Revised Code.

(M) "Casing" means an impervious watertight durable primary or secondary pipe that is placed in a well and is used to prevent the walls from caving, exclude surface drainage, undesirable water or other fluids, or unwanted or harmful materials from a well.

(1) "Primary casing" means casing that is permanently grouted in place in the upper most portion of the borehole and may terminate below or extend above the natural ground surface.

(2) "Secondary casing" means a second string of smaller diameter casing that is permanently installed within the primary casing, is grouted in place, and may terminate below or extend above the natural ground surface.

(3) "Temporary casing" means durable pipe or casing placed or driven from the surface into a borehole to maintain an open annular space around the permanent casing during the construction of a well. If temporary casing is subsequently left in place it becomes permanent casing.

(N) "CFU" means the number of bacteria colony forming units, or colonies, or individual bacteria that can be counted or estimated in a membrane filter, and for the purposes of this chapter, is used interchangeably with MPN for determination of an estimation of a bacterial colony count.

(O) "Cistern" or "rainwater cistern" means a private water system that uses rainwater collected from a roof or other rain collection device as a source of water.

(P) "Coarse grade bentonite" means bentonite that has been crushed to a size of three-eighths to three-quarters of an inch.

(Q) "Coliform bacteria" means all of the aerobic and facultative anaerobic, gram-negative, nonspore-forming, rod-shaped bacteria that ferment lactose with gas formation within forty-eight hours at thirty-five degrees Celsius.

(R) "Conductor pipe" or "tremie pipe" means a pipe of sufficient diameter used to place approved materials into the annular space of a well during construction, alteration, or sealing.

(S) "Confined aquifer" means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself, and which contains ground water under pressure greater than that of the atmosphere.

(T) "Confluent growth" means a continuous bacterial growth, covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

(U) "Consolidated" means lithified geologic formation materials. In Ohio these materials constitute formations such as sandstone, dolomite, limestone, shale, siltstone and coal.

(V) "Construct" for the purposes of this chapter means to newly create a private water system utilizing one or more of the acceptable water sources (e.g., water well, spring, pond, rainwater cistern, hauled water storage tank). Construct also includes replacing or combining of an existing private water system source with a new private water system source.

(W) "Contact tank" means a retention tank used in the continuous disinfection system to hold water in order to provide adequate time for a chemical disinfectant to achieve the desired CT value.

(X) "Contaminant" means any biological, chemical, physical, or radiological constituent in water that is or may become injurious to public health, safety or welfare.

(Y) "Contamination" means the presence of any contaminant into the private water system or ground water which renders the water unfit for human consumption.

(Z) "Conversion" means a water source or a water system not previously classified as a private water system (e.g., agricultural wells, springs and ponds, public water supplies being delisted as public by the Ohio environmental protection agency) that is being converted into a private water system in compliance with this chapter. A conversion is considered new construction.

(AA) "Continuous disinfection" means point of entry treatment processes that include chlorination, iodination, ozonation, and ultraviolet light to destroy or inactivate disease causing microorganisms to make the source water acceptable for human consumption.

(BB) "Cross connection" means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other gas, water, or other liquid of unknown or questionable quality or safety, whereby water may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.

(CC) "CT value" means the contact time multiplied by the free disinfectant residual required to achieve adequate disinfection.

(DD) "Cyst reduction" means the treatment process of filtration or ultraviolet light disinfection to reduce or destroy protozoa and their cyst, including but not limited to giardia species, cryptosporidia species, and amebic species to a log four number.

(EE) "Decommission" means the procedures required in this chapter to take a private water system, other than a well, out of service as a private water system, including but not limited to disconnecting a hauled water storage tank, rainwater cistern, pond, or spring water source from having the ability to provide water through the potable water distribution system.

(FF) "Department" means the department of health of the state of Ohio.

(GG) "Develop or development" means to physically remove fine materials and sediment generated during construction of the well, by means including but not limited to surging, air surging or lifting, over pumping, backwashing, high velocity jetting or bailing of the completed well.

(HH) "Director or director of health" means the director of the department of health of the state of Ohio and includes any authorized representative of the director.

(II) "Disinfect or disinfection" means the addition or use of chlorine or other disinfectant or process to the private water system to neutralize or destroy the growth of harmful bacteria.

(JJ) "Diversion ditch" means a shallow ditch, swale, earthen embankment, or other excavation to divert surface water away from a water source or supply.

(KK) "Drive point well" means a small diameter well that has a 1.25 inch to two inch diameter pipe constructed in unconsolidated material using a hardened drive point and screen. For the purposes of this definition, drive point well also includes, but is not limited to, sand wells, points wells, and well points.

(LL) "Drive shoe" means a manufactured hardened steel collar with a beveled cutting edge attached to the lower end of a steel casing by threading or welding to protect the casing as it is driven.

(MM) "Dry hole" means an open borehole or cased borehole that does not produce water in sufficient quantity and that can not be modified with a low yield pump and storage reservoir, or combined with another water source to produce water for the intended use.

(NN) "Dwelling unit or house" means the place which is occupied by a person or persons as their primary residence or secondary seasonal residence.

(OO) "Filter" means non-chemical water treatment devices designed for point-of-entry removal of a variety of contaminants by means of mechanical filtration or by adsorption based on the following filter types;

(1) "Cartridge filter" means a replaceable in-line nominal or absolute device designed to remove small particles and/or microorganisms defined as follows;

(a) "Nominal filter" is a filter capable of removing approximately eighty-five per cent of particles of the designed pore size.

(b) "Absolute filter" is a filter capable of removing 99.95 per cent of particles of the designed pore size.

(2) "Particle filter" is a nominal or absolute device designed to remove small particles and microorganisms;

(3) "Granular activated carbon or GAC filter" is a device containing activated carbon to remove certain chemicals dissolved in water by adsorbing those chemicals to the granular carbon in the filter; or

(4) "Cyst reduction filter" means an absolute one micron or smaller filter that meets ANSI/NSF standard 53 or an equivalent standard that achieves a 99.95 per cent protozoan cyst reduction.

(PP) "Floodplain or special flood hazard area" means the area adjoining any river, stream, watercourse, or lake subject to a one percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the federal emergency management agency on flood insurance rate maps, flood insurance studies, flood boundary and floodway maps and flood hazard boundary maps as zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

(QQ) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. The floodway is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

(RR) "Formation" means a geologic unit distinguished from adjacent geologic units by a common characteristic.

(SS) "Formation stabilizer, gravel pack, or filter pack" means siliceous, well-rounded, clean and uniform sand or gravel that is free of contaminants and foreign matter, properly sized, washed and disinfected and placed between the borehole wall and the well screen to prevent formation material from entering through the screen and to stabilize the borehole.

(TT) "Granular bentonite" means bentonite that has been processed to particles ranging in size from eight to thirty mesh.

(UU) "Ground water" means all water occurring in an aquifer.

(VV) "Ground water under the influence of surface water" has the same definition as "surface water."

(WW) "Grout" means the materials set forth in or approved under paragraphs (F), (G), and (H) of rule 3701-28-09 of the Administrative Code.

(XX) "Grouting or grout placement" means any of the following methods of placing grout into a well or the annular space of a well:

(1) "Pressure grouting" means any of the following methods of placing a grout slurry into a well or the annular space of a well:

(a) "Conductor pipe-pumped" means pressure grouting with a conductor pipe that is lowered to the bottom of the annular space being grouted with grout pumped from the bottom up in a continuous operation. The end of the conductor pipe remains submerged in the previously placed grout and full of grout at all times.

(b) "Well seal with conductor pipe-pumped" means pressure grouting by setting the permanent casing just above the bottom of the borehole and filling the casing and annular space with water, drilling mud or a bentonite slurry. Conductor pipe is then set inside the casing to the bottom of the borehole either through a watertight well seal or packer. Grout is pumped into the annular space displacing all other fluids in the annular space and the permanent casing set in place.

(c) "Grout displacement method" means placing a calculated volume of grout sufficient to fill the annular space plus fifteen percent extra grout into the borehole through a conductor pipe. A drillable plug is then attached to the bottom of the permanent casing and the permanent casing is lowered through the grout into the borehole allowing the grout to be forced up the annular space. If necessary, pressure is applied to the top of the casing to hold it in place until the grout is set.

(d) "Grout shoe-continuous injection method" means pressure grouting by using a grout shoe with a check valve installed in the bottom of the permanent well casing and connected by a conductor pipe to the surface through which grout is pumped until the entire annular space is filled with grout. The conductor pipe is removed, the permanent casing set at the bottom of the borehole, and the grout allowed to set until cured.

(e) "Halliburton method" means pressure grouting by filling the casing and annular space with water, mud or a bentonite slurry and using a single plug or double plugs inserted watertight into the bottom or top of the permanent casing through which a calculated volume of grout sufficient to fill the annular space and the bottom ten feet of casing is pumped with a conductor pipe through a watertight seal. The grout is then displaced by using water pressure or pressure from the drill stem to advance the plug or plugs. Pressure is maintained in the casing until the grout has set.

(2) "Dry pour" means the placement of coarse grade bentonite as specified in paragraph (G) of rule 3701-28-09 of the Administrative Code into the annular space of a well or to seal a well by pouring, using methods specified in rules 3701-28-10 and 3701-28-17 of the Administrative Code.

(3) "Dry Driven" means the continuous placement of dry granular bentonite grout around steel casing as the casing is being driven using a cable tool, driven casing hammer or any other method where permanent steel casing is driven in accordance with paragraph (I) of rule 3701-28-10 of the Administrative Code.

(YY) "Hauled water system" means any private water system that uses water from an approved public water source delivered by a registered water hauler as the source of water.

(ZZ) "Hauled water storage tank" means any tank used to store potable water for use as a private water supply delivered by a registered water hauler from an approved public water source.

(AAA) "Health district" means a city or general health district as created by or under the authority of section 3709.01 of the Revised Code.

(BBB) "High background count" or "HBC" means that the total number of bacterial colonies exceeds two hundred on a forty-seven millimeter diameter membrane filter used for coliform detection.

(CCC) "Human consumption" means the ingestion or absorption of water or water vapor as the result of drinking, cooking, dishwashing, hand washing, bathing, showering, oral hygiene, or other domestic uses such as flushing toilets and doing laundry.

(DDD) "Hydrostatic head" means the height of the free surface of a body of water above a given subsurface point or a reflection of the ground water level plus the pressure head.

(EEE) "Land application area" means any of the following:

(1) A land application field, staging, stockpiling, or field storage area for domestic septage as defined in paragraph (CC) of rule 3701-29-01 of the Administrative Code;

(2) A land application field, staging, stockpiling, or field storage area for domestic septage as defined in paragraph (A) of rule 3745-40-01 of the Administrative Code;

(3) A land application field, staging, stockpiling, or field storage area as defined in rule 901:10-1-01 of the Administrative Code; or

(4) A wastewater land application area as defined in paragraph (A) of rule 3745-42-13 of the Administrative Code.

(FFF) "Liner" means a pipe designed to be removed that meets the specifications of paragraph (B) of rule 3701-28-09 of the Administrative Code and is installed within a permanent well casing and may extend into the borehole to support the walls of the borehole through consolidated formations in the event of a collapse.

(GGG) "Maximum contaminant level" or "MCL" means the standards established by the United States environmental protection agency for the maximum permissible level of a substance allowed in drinking water delivered to the consumer from a public water system under the "Safe Drinking Water Act", 88 Stat. 1660 (1974), 42 U.S.C. 300f (1996). For the purposes of this chapter, MCL also includes health based advisory levels and standards developed by the centers for disease control and prevention and the agency for toxic substances and disease registry.

(HHH) "MPN" means the most probable number is a statistical method to determine total coliform or E. coli counts in a one hundred milliliter water sample. For the purposes of this chapter, MPN is used interchangeably with CFU for determination of an estimation of a bacterial colony count.

(III) "NSF" means the national sanitation foundation.

(JJJ) "Nominal diameter or nominal pipe size" means the inside diameter of pipe for pipe sizes one-inch through twelve inches in diameter and means the outside pipe diameter for pipe sizes greater than twelve inches in diameter.

(KKK) "One hundred year flood" means a flood having a one percent chance of being equaled or exceeded in any given year.

(LLL) "One hundred year floodplain" means a portion of a designated floodplain that may be inundated by a one hundred year flood.

(MMM) "Oversized or enlarged borehole" means a borehole larger in diameter than the well casing pipe.

(NNN) "Packer" means a rubber or inflatable device used to temporarily or permanently seal off a portion of the borehole, annular space or well casing.

(OOO) "Pathogenic microorganism" means water borne pathogens as determined by the director to be either a:

(1) "Primary pathogenic microorganism" which can cause disease in otherwise healthy people with exposure and dose and includes but is not limited to escherichia coli, and indicator organisms such as enterococci or coliphage;

(2) "Opportunistic pathogen" is a commonly occurring microorganism found in water wells or a rare microorganism that does not normally cause disease in otherwise healthy people but can cause disease in sensitive populations including immune compromised individuals, infants, and the elderly.

(PPP) "Peak demand" means the maximum potential water usage from the water source, based on an estimated seventy-five gallons per person per day or the estimated number of usable water fixtures running at full flow or the maximum pump capacity, if the pump limits the potential peak demand.

(QQQ) "Person" includes the state, a political subdivision, individual, corporation, business trust, estate, trust, partnership, association, or any legal entity defined as a person under section 1.59 of the Revised Code.

(RRR) "Pitless adapter" means an assembly of parts which permits water to pass through the casing or extension thereof, provides access to the well and to the parts of the water system within the well, and provides for the transportation of the water and the protection of the well and water therein from surface or near surface contaminants.

(SSS) "Pitless unit" means an assembly which extends the upper end of casing to above grade and prevents the entrance of contaminants into the well, to conduct water from the well, to protect water from freezing or extremes of temperature and to allow access to the well and components of the pumping equipment.

(TTT) "Point of discharge" means the jurisdictional end of a private water system where the water from a private water system can be sampled immediately before it enters the plumbing jurisdiction. The point of discharge includes the sampling faucet immediately after the pressure tank where no required treatment exists. Where continuous disinfection or water treatment is required on the private water system the point of discharge is the sampling faucet immediately after the treatment equipment.

(UUU) "Pond" means a private water system that is constructed for the purpose of supplying potable water to one single-family dwelling and the entire watershed is under the complete control of the pond owner.

(VVV) "Potable water" means water which meets the water quality standards of paragraph (N) of rule 3701-28-04 of the Administrative Code and is satisfactory for all drinking, culinary, and domestic purposes; including flushing toilets and doing laundry.

(WWW) "Powdered bentonite" means sodium bentonite ranging in size from eighty to three hundred twenty-five mesh with or without polymer added used in drilling fluid.

(XXX) "Private water system" means any water system, other than a public water supply system, for the provision of water for human consumption, if the system has fewer than fifteen service connections and does not regularly serve an average of at least twenty-five individuals daily at least sixty days each year. A private water system includes the following:

(1) Any well, spring, cistern, pond, or hauled water system;

(2) Any equipment for the collection, distribution, transportation, filtration, disinfection, treatment, or storage of water extending from and including the source of the water to the point of discharge into the plumbing distribution system;

(3) To the point of discharge from the water pump where no pressure tank or other storage vessel is present;

(4) To the point where the distribution line enters the foundation of the building or dwelling, where the pressure tank is outside of the building or dwelling, and no other treatment equipment is required;

(5) In the case of multiple service connections serving more than one dwelling or building:

(a) To the point of discharge from each service connection where the service connection enters the foundation of the dwelling or building; or

(b) If water treatment is required to be installed at any of the dwellings or buildings, to the point of discharge from the required water treatment into the plumbing distribution system;

(6) A private water system does not include the water service line extending from the point of discharge to a structure except when the water service line extends to another dwelling or building.

(7) "Single family dwelling private water system" means a private water system source serving only one dwelling

(8) "Non single family private water system" means a private water system source serving more than one family dwelling, a multi-unit dwelling, small manufactured home park, or transient locations including but not limited to, a small church, small business, or bed- and- breakfast that does not meet the definition of a public water system.

(9) Public water systems that are defined as exempt in section 6109.02 of the Revised Code and use hauled water storage tanks for the only source of water; or,

(10) Auxiliary water sources that enter a structure to supplement flushing toilets or laundry washing;

(YYY) "Private water systems contractor" or "contractor" means a person who is registered as a private water systems contractor in accordance with rule 3701-28-18 of the Administrative Code that constructs or develops a well for use as or as a part of a private water system or otherwise constructs a private water system, installs pumping equipment for a private water system, alters a private water system, services or maintains any part of a private water system, repairs a private water system, seals a private water system, or performs any combination of those activities for hire; or, who inspects or evaluates private water systems for hire.

(ZZZ) "Public water system" has the same meaning as in division (A) of section 6109.01 of the Revised Code.

(AAAA) "Registered contractor," "registered water systems contractor" or "registrant" means a person who is registered as a water systems contractor in accordance with division (B)(3) of section 3701.344 of the Revised Code and Chapter 3701-28 of the Administrative Code.

(BBBB) "Repair" means the act of fixing or replacing substandard or damaged devices to restore a private water system or component to proper working condition that does not require a permit. Repair also means any work performed on a private water system for the purpose of servicing or replacing with a like component such as replacing a submersible pump with a submersible pump and changing from a jet pump to a submersible pump or submersible pump to a jet pump or other configuration of pumping equipment. Repair includes, without limitation, servicing or replacing pumps or pumping equipment, filtration or disinfection equipment, storage or pressure tanks, belts, couplings, switches, or fuses, all well caps, and extending casing that currently terminates at or above the surface of the ground is considered a repair. Repair does not include an alteration to the casing or wall of a water well or the walls of a spring box, hauled water storage tank, or cistern.

(CCCC) "Right-of-way" means a general term denoting land, property, or the interest therein, usually in the configuration of a strip, acquired for or devoted to transportation purposes. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or local authority.

(DDDD) "Saline water" is water with total dissolved solids (TDS) between one thousand milligrams per liter and thirty-five thousand milligrams per liter or specific conductivity between one thousand five hundred micro siemens per centimeter and fifty-four thousand micro siemens per centimeter obtain by multiplying the TDS by 1.5 where;

(1) Slightly saline water has TDS from one thousand milligrams per liter to three thousand milligrams per liter or multiplied by 1.5 for micro siemens per centimeter;

(2) Moderately saline water has TDS from three thousand milligrams per liter to ten thousand milligrams per liter or multiplied by 1.5 for micro siemens per centimeter;

(3) Highly saline water has TDS from ten thousand milligrams per liter to thirty-five thousand milligrams per liter or multiplied by 1.5 for micro siemens per centimeter;

(4) Brine water has a TDS greater than thirty-five thousand milligrams per liter or greater than thirty-five thousand milligrams per liter multiplied by 1.5 for micro siemens per centimeter.

(EEEE) "Seal" means to close or properly abandon a well, or to close a portion of a well or the annular space of a well.

(FFFF) "Service and maintenance" means all routine or periodic action taken to assure that an existing private water system operates as it was intended including the in-place correction, cleaning, or replacement of damaged or worn out devices with approved devices. Service and maintenance shall include the replacement of mechanical devices such as pumps in treatment trains; replacement of broken device lids, risers, and baffles; the installation or cleaning of an outlet filter; and all other actions not defined as an alteration or replacement, as determined by the department. Service and maintenance does not include the periodic chlorination of a private water system well, spring box, cistern, hauled water storage tank or other water retention tank by the private water system owner when the private water system services a single family dwelling that is occupied by the system owner.

(GGGG) "Service connection" means that point at which the private water system enters any structure used for agricultural purposes, building, or dwelling or camp or multiple housing unit. Where no structure is used for agricultural purposes, no building, or no dwelling exists, each water outlet, including yard hydrants, shall be considered a service connection.

(HHHH) "Service contract" means a contract between a private water system owner and a private water system contractor for the routine service and maintenance required to ensure proper and optimum functioning of any component of the water treatment system.

(IIII) "Service line," "water service line," "water service pipe," or "water distribution pipe" means the piping that carries water from a private water system water source to the service connection(s) and the other components of the private water system to the point of discharge.

(JJJJ) "Shale trap" or "shale basket" means a permanently placed conical shaped rubber packer that is attached to the bottom of the casing to seal the annular space and prevent grout from entering the open borehole or screened area of the well.

(KKKK) "Source" or "water source" means the site from which water is obtained for the purpose of supplying water to a private water system. Source includes a well, pond, spring, cistern tank, hauled water storage tank, water hauler. Surface water including, but not limited to, rivers, streams, creeks, lakes, quarries, and drainage ditches shall not be a water source for a private water system.

(LLLL) "Spring" means a private water system where ground water flows naturally from rock or soil onto the land surface or into a body of water or a shallow aquifer that is intercepted at a depth of ten feet or less.

(MMMM) "Spring Box" means an outside reservoir tank used to store water from a private water system spring discharge prior to the water entering a structure for water treatment.

(NNNN) "Standard weight pipe" or "standard weight" means a class of pipe weight designated by ANSI which is equivalent to schedule forty for nominal pipe sizes ranging from 1/8 inch to ten inches in diameter, and varies with pipe dimension for greater pipe diameters.

(OOOO) "Static water level" means the level of the water when measured from the established ground surface to the water surface in a well that is neither being pumped nor under the influence of pumping, or that is flowing under artesian pressure.

(PPPP) "Surface water" means either of the following:

(1) All water which is open to the atmosphere and subject to surface runoff; or

(2) Ground water under the direct influence of surface water or subject to surface runoff, as indicated by:

(a) Significant occurrence of insects or other macroorganisms;

(b) The presence of biological contamination significant to human health;

(c) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions; or

(d) The presence of rapid pathways from the surface to the underground water supply or compromised hyrdogeologic barriers have been identified in the area, including but not limited to, a well located in bedrock where the bedrock is directly connected to surface water through fractures or solution features.

(QQQQ) "Tank" means any container for the storage or treatment of water.

(RRRR) "Temporary hauled water storage tank" mean any tank used to store potable water for use as a private water supply delivered by a registered water hauler from an approved public water source on a temporary or emergency basis and is not intended to be a permanent source of water on a property. "Temporary hauled water storage tank" does not include bottled water.

(SSSS) "Turbidity" means having sediment or particles stirred up or suspended in the water, reducing the clarity. Turbidity is an expression of the optical properties of a sample that causes light rays to be scattered and absorbed rather than transmitted in straight lines through the sample. Turbidity is caused by the presence of suspended or dissolved matter such as clay, silt, minerals, and microorganisms measured using nephelometric turbidity units (NTU).

(TTTT) "Test well" or "test hole" means any excavation, regardless of design or method of construction, done for the purpose of determining the most suitable site for removing ground water from an aquifer for use in a private water system and is regarded as new well construction.

(UUUU) "Thermoplastic" means polyvinyl chloride plastic (PVC) or acrylonitrile butadiene styrene (ABS).

(VVVV) "Total dissolved solids (TDS)" is a measure of all constituents dissolved in water. The inorganic anions dissolved in water includes, but is not limited to carbonates, chlorides, sulfates and nitrates. The inorganic cations include, but are not limited to sodium, potassium, calcium and magnesium.

(WWWW) "Unconsolidated" means geologic formations composed of materials that are loose and not lithified.

(XXXX) "Water hauler" means a contractor that is in the business of hauling potable water from a public water supply to a private water system that includes on-site hauled water tanks, temporary or emergency hauled water storage tanks, cisterns, and supplemental water reservoirs for wells, ponds, springs, and to public water system hauled water storage tanks defined as exempt in section 6109.02 of the Revised Code.

(YYYY) "Water treatment" means for the purposes of this chapter continuous disinfection, continuous filtration, cartridge filtration when used in conjunction with ultraviolet light disinfection and continuous pond filtration, cyst reduction filtration, and devices designed for the removal of chemical contaminants. Unless installed prior to an ultraviolet light treatment device, water treatment does not include the installation of devices to treat aesthetic conditions such as hardness or iron.

(ZZZZ) "Weep hole" means a small diameter hole or series of holes located in the wall of the supply pipe for a frost-free yard hydrant that allow for drainage of accumulated water from the delivery piping. These holes are usually part of a plunger and valve system that seals off the holes during water usage and opens the holes during shutdown. These openings are located below ground level and below the frost line in areas where the threat of freezing exists.

(AAAAA) "Well" means any excavation greater than ten feet below the ground surface regardless of design or method of construction that is done or used for any of the following purposes:

(1) Removing ground water for the provision of water for human consumption; or

(2) Determining the quality, quantity, or level of ground water in or the stratigraphy of an aquifer, excluding borings for instrumentation in dams, dikes or levees or highway embankments.

(BBBBB) "Well cap" or "cap" means a manufactured device used to enclose the atmospheric termination of the well casing.

(CCCCC) "Well log and drilling report" has the same meaning as division (B) of section 1521.05 of the Revised Code.

(DDDDD) "Well screen" or "screen" means a manufactured intake structure with uniform openings used in unconsolidated formations designed to retain the aquifer formation, prevent collapse of the borehole adjacent to the screen, and accommodate a yield adequate for the intended use of the well.

(EEEEE) "Well sealing report" has the same meaning as division (C) of section 1521.05 of the Revised Code.

(FFFFF) "Well vent or vent" means a manufactured screened opening in a well seal or cap or located at the end of an extension above flood level to allow atmospheric pressure to be maintained in the well.

(GGGGG) "Yard hydrant" means a device that is located outside of a building, connected to a water service line, is equipped with a valve mechanism that controls the delivery of potable water, and is not designed to supply a fire department pumper.

View Appendix

History

Effective: January 1, 2020
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-02 Permits.

(A) Application for permit--supplementary statutory requirements:

(1) The date of application;

(2) Designation of the well by name and number;

(3) The plan for disposal of water and other waste substances resulting from, obtained, or produced in connection with exploration, drilling, or production of oil or gas. The plan for disposal of salt water shall include identification of any disposal well or disposal wells to be used. A statement that one of the named disposal wells on the application shall be used, is sufficient. Where the applicant finds that the disposal well to be used is different from that indicated on the permit, the applicant shall so notify the division immediately in writing. The plan for disposal may include such other methods as are approved by the chief. Such plan shall include the name of the person or company disposing of the salt water and the ultimate location of its disposal. Any change in the plan for disposal shall be timely submitted to the chief.

(4) An affidavit that the applicant is the owner as defined in section 1509.01 of the Revised Code;

(5) A map showing:

(a) The subject tract of land or drilling unit upon which the well is to be drilled and property lines with surface and mineral owner name(s) within;

(b) The location of the proposed well on the subject tract of land or drilling unit established by a field survey showing the distances in feet from the proposed well site to the boundary lines of the subject tract or drilling unit, and to the nearest permanent geographic subdivision boundaries.

The proposed well location also shall be designated by plane coordinates as provided by Chapter 157. of the Revised Code (Ohio coordinate system. Indicate if the coordinates are NAD 27 or NAD 83.) Coordinates may be established by map scale to the nearest fifty feet or by GPS;

(c) Location of drilling or producing wells, which are within the distances required according to depth of drilling as set forth in rule 1501:9-1-04 of the Administrative Code, and a showing of the distances between such drilling or producing wells and the proposed well;

(d) The location of all buildings, public roads, railroads and streams within two hundred feet of the proposed well site, and their distances from the proposed well site;

(e) A title block to the map certifying the above information and including the applicants name, well name, county, civil township, permanent geographic subdivisions (section, lot and/or tract) and surface elevation for the well location, USGS quadrangle name, date map prepared, name of surveyor preparing the map and phone number, and map scale;

(f) If the proposed well is to be in an urbanized area, the map shall include the name of the urbanized area in addition to the original civil township name;

An additional color map (three copies) based on aerial photography, where available, at a scale of one inch to one hundred feet or one inch to two hundred feet showing the location of the tank battery, access road, and gas sales line and a five hundred foot radius around the well location;

As an overlay on the base aerial map, include three additional copies of the map including topographic contours (where available); and

(6) A casing plan and cementing plan showing how the owner proposes to drill and construct the well consistent with the best available geologic information in the vicinity of the proposed wellbore and with the requirements of rule 1501:9-1-08 of the Administrative Code, including at least the following:

(a) The name and anticipated depth of all zones to be tested or produced;

(b) The estimated total depth of the wellbore;

(d) The proposed casing type, outside diameter, and setting depth for each proposed casing string;

(e) Proposed cement volumes for each casing string; and

(f) Whether the owner plans to stimulate any permitted hydrocarbon zone by hydraulic fracturing.

(B) Procedure for review of application for permit.

(1) All complete applications shall be date-stamped upon receipt by the division. Within twenty-one days of filing of the application the chief shall either issue the permit or notify the applicant of objections to the application.

(a) Notice of objections by the division to the application may be given in person, by telephone or by mail to the address on the application at the discretion of the division.

(b) Any record of telephoning or mailing the notice, made in the normal course of business by the division, shall constitute notice of objection to the applicant.

(c) Applicants will be given a reasonable opportunity to correct any objections to the application and to request an informal hearing with the chief. Except as otherwise required, amendments to applications need not be separately signed by the applicant.

(d) If an application does not contain required information, the division shall notify the applicant of the omitted data by mail or telephone. If the omissions are substantial, the division may return the application by mail with the omitted items indicated.

(2) When the chief finds that efforts to cure objections to an application will be unavailing and that the application is not in accordance with the requirements of Chapter 1509. of the Revised Code and applicable rules, or that the applicant failed to respond to objections within thirty days of notice, the chief shall issue an order denying the application for permit.

(a) The applicant has a right to an informal meeting with the chief within fifteen days after such order is issued. If, as a result of this meeting, the chief believes the application meets, or if the application is amended to meet, the requirements of Chapter 1509. of the Revised Code and applicable rules, he shall within ten days vacate or modify his order as appropriate.

(b) The applicant need not exercise his right to an informal meeting with the chief, but may treat the order issued as final and appealable pursuant to Chapter 1509. of the Revised Code.

Each drilling permit issued in an urbanized area will be conditioned on the division inspector and or the respective division regional office receiving direct notification a minimum of forty-eight hours prior to:

(1) Commencement of site construction;

(2) Pit construction and closure;

(3) Spudding of the well;

(4) Placement of the surface casing;

A twenty-four-hour (or less) direct notification may be approved if prior communications have been initiated with the division inspector and/or respective regional office.

(D) Commencement.

No well site construction shall commence in an urbanized area until a permit is issued, received by the applicant and is available on-site unless the chief waives this requirement.

(1) Site construction shall comply with the division's best management practices (BMPs) for oil and gas well site construction manual, as defined in rule 1501:9-1-01 of the Administrative Code. Site clearing and surface affectment shall be minimized.

(E) For wells permitted after September 15, 2004, in urbanized areas or where there is no reasonable emergency response access to the wellhead or tank battery at the ingress point to the access road, an apron of durable material shall be placed. The apron shall be sufficient in width and length to enable unobstructed access to the access road.

(1) The access road shall be constructed and maintained in a manner to permit the ingress and egress for fire and emergency response.

(2) Mud and debris deposited on public roads from the well site during drilling, production, and restoration operations shall be immediately removed by the well owner or their authorized representative.

(3) Where the well head/tank battery is in excess of one hundred fifty feet from the ingress point to the access road, the access road to the well head/tank battery shall be reasonably passable by any equipment expected to access the well head/tank battery. It is recommended that a durable surface be maintained on the lease road. The durable surface may include, gravel, crushed stone, crushed concrete, slag (when approved by the chief), crushed brick, asphalt, or concrete.

(4) Where the access road is in excess of one hundred fifty feet in length, turnaround areas shall be located as practical based on the existing site conditions (topography, land use, forest cover, and natural drainage - perennial/intermittent streams). Turnarounds located prior to any natural drainage area not having a constructed crossing sufficient to handle equipment expected to access the site may be needed.

(5) All equipment and vehicles used in the site construction, drilling, production and restoration shall not be parked on public roads without the approval of the local road authority.

(F) Water sampling.

The well owner shall sample all water wells within three hundred feet of the proposed well location in urbanized areas prior to drilling under the guidelines provided in the division's best management practices (BMPs) for pre-drilling water sampling manual, as defined in rule 1501:9-1-01 of the Administrative Code. The chief may require modification of this distance if determined necessary to protect water supplies or site conditions may warrant.

(G) Permit not transferable.

A permit issued pursuant to these rules and regulations shall not be transferable. It may be reissued as a new permit to a successor owner.

(H) Well deviation.

The maximum point at which a well penetrates the producing formation shall not vary unreasonably from the vertical drawn from the center of the hole at the surface, with the exception of approved directional drilling. Such approval must be in writing from the chief.

(I) Expiration of permit.

Once a permit to drill has been issued pursuant to this rule, actual drilling of the well authorized by the permit shall be commenced within twelve months of the date of issuance of such permit or the permit shall expire; if drilling is commenced but not completed within said twelve month period, drilling shall be continued with due diligence following the twelve month period or the permit shall expire.

(J) Revising subject tract or drilling unit.

A subject tract or drilling unit of a well or proposed well, previously approved by the division, may be revised by the owner with the filing of a revised map complying with this rule and section 1509.06 of the Revised Code and a non-refundable fifty dollar fee. One fee is required if revising a subject tract with multiple wells; however, an original revised map is required for each well within the subject tract.

(K) Revising location.

The location of a proposed well may be changed only if the owner submits an application, non-refundable two hundred fifty dollar fee and revised map complying with this rule, section 1509.06 and section 1509.09 of the Revised Code.

(L) Post drilling map.

The post drilling map required by conditions of the permit must be accompanied by a non-refundable fifty dollar fee.

History

Effective: January 1, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-04

(A) General spacing rules:

(1) The division of oil and gas resources management shall not issue a permit for the drilling of a new well, the reopening of an existing well, or the deepening or plugging back of an existing well to a different pool for the production of oil and gas unless the proposed well location and spacing conform to the requirements of this rule.

(2) This rule shall not apply to any wells drilled in areas under special order from the chief for pool spacing pursuant to section 1509.25 of the Revised Code. The chief shall grant an exception to the requirements of any special order from the chief for pool spacing pursuant to section 1509.25 of the Revised Code, if the chief determines that an applicant demonstrates that such exception will protect correlative rights and/or promote conservation by permitting oil and/or gas to be produced which could not otherwise be produced. The chief shall grant or deny the application for an exception by order.

(3) Upon receipt of an application by the division, the chief shall determine if the proposed depth is reasonable to penetrate the objective geological formation or geological zone. If the chief determines that the proposed depth is insufficient to penetrate the proposed geological formation or zone and that, because of the insufficient proposed depth, the spacing and acreage requirements under paragraph (C) of this rule are not fulfilled, the permit shall be denied. No well shall be drilled deeper than the proposed total depth without prior permission from the chief.

(4) A permit shall not be issued unless the drilling unit or subject tract for the proposed well satisfies the acreage requirements for the anticipated deepest depth at which oil and gas will be produced. If oil or gas is produced at a lesser depth than the geological formation or zone for which the permit was issued, the acreage requirements may be changed to conform with paragraph (C) of this rule by submitting an application to the chief for a revision.

(B) Scope:

Paragraph (C) of this rule applies to the drilling of a new well, the reopening of an existing well, and the deepening or plugging back of an existing well regardless of its depth or the producing geological formation or zone except in areas under temporary minimum well spacing orders of the chief pursuant to paragraph (D) of this rule or for wells subject to exceptions granted by the chief pursuant to paragraph (E) of this rule. All drilling units shall be compact and composed of contiguous land.

(1) No permit shall be issued to drill, deepen, reopen, or plug back a well for the production of oil and gas from a pool from zero to one thousand feet in depth unless the proposed well is located:

(a) Upon a subject tract or drilling unit containing not less than one acre;

(b) Not less than two hundred feet from any well drilling to, producing from, or capable of producing from the same pool; and

(2) No permit shall be issued to drill, deepen, reopen, or plug back a well for the production of oil or gas from a pool greater than one thousand feet in depth to two thousand feet in depth unless the proposed well is located:

(a) Upon a subject tract or drilling unit containing not less than five acres;

(b) Not less than four hundred sixty feet from any well drilling to, producing from, or capable of producing from the same pool; and

(3) No permit shall be issued to drill, deepen, reopen, or plug back a well for the production of oil or gas from a pool greater than two thousand feet in depth to four thousand feet unless the proposed well is located:

(a) Upon a subject tract or drilling unit containing not less than ten acres;

(b) Not less than six hundred feet from any well drilling to, producing from, or capable of producing from the same pool; and

(4) Except as otherwise provided in paragraph (C)(6) of this rule, no permit shall be issued to drill, deepen, reopen, or plug back a well for the production of the oil or gas from a pool greater than four thousand feet in depth unless the proposed well is located:

(a) Upon a subject tract or drilling unit containing not less than twenty acres;

(b) Not less than one thousand feet from any well drilling to, producing from, or capable of producing from the same pool; and

(5) The minimum distance to any boundary of the drilling unit or subject tract for a well drilled in which the well bore reaches a horizontal or near horizontal position to any formation shall be determined from the take points along the wellbore.

(6)

(a) No permit shall be issued to drill, deepen, reopen or plug back a horizontal well for the production of oil and gas unless all of the following apply:

(i) Except as otherwise provided in paragraph (C)(6)(a)(ii) of this rule, the perpendicular distance from a take point is not less than four hundred feet from any drilling unit or subject tract boundary.

(ii) The first and last take points are not less than one hundred fifty feet from the drilling unit or subject tract boundary that is approximately perpendicular to the well bore.

(b) There is no minimum distance required between horizontal wells within the subject tract. However, if adverse communication between one or more horizontal wells occurs in a subject tract, the chief by an order, may require an alternative treatment plan or minimum distances between an existing horizontal well in that subject tract and a new horizontal well in that subject tract or between all new horizontal wells in that subject tract. If the owner of a horizontal well determines that adverse communication has occurred, the owner shall notify the division.

(7) The distance from any take point of an as-drilled horizontal well may deviate up to ten percent of the distances specified in paragraph (C)(6)(a) of this rule to the nearest drilling unit or subject tract boundary.

(8) Wells drilled, deepened, reopened, or plugged back for purposes other than the production of oil and gas will be considered as special situations, and each will be evaluated in accordance with the issues of conservation of natural resources and of safety. Decisions as to spacing of such wells will be determined after evaluation of the special circumstances.

(D) Temporary minimum well spacing in the vicinity of discovery wells:

(1) For the purpose of orderly development of a pool until such time as final spacing is determined, the chief on the chief's own motion or upon consideration of an application by an owner in an affected area, and with approval of the technical advisory council, may order temporary well spacing for wells to be drilled, deepened, reopened or plugged back to a particular pool or field in an area in the vicinity of a discovery well. Such order shall contain the following:

(a) A description of the area covered by the order;

(b) An identification of the pool, field or geologic formations covered by the order;

(d) The minimum distance between wells;

(e) The minimum acreage for tracts or drilling units; and

(f) The order may contain other requirements deemed necessary by the chief to accomplish the purpose of paragraph (D) of this rule.

(2) An order of the chief for temporary minimum well spacing in the vicinity of a discovery well shall be effective on the date the order is made and shall continue in effect until it is either rescinded or amended by the chief or until such time as an order for special drilling unit requirements is made by the chief after hearing pursuant to section 1509.25 of the Revised Code.

(3) No well shall be drilled, deepened, reopened, or plugged back to or below the particular pool or field located in the area covered by an order of the chief under paragraph (D) of this rule unless the requirements of such order are satisfied. Permits issued prior to the effective date of such order for wells to be located in the area and to or below the pool covered by such order that do not comply with the requirements of the order and where actual drilling operations have not commenced, shall be revoked.

(E) Offset wells - spacing exception:

(1) The chief shall grant an exception to the requirements of paragraph (C) of this rule to an applicant who demonstrates that the well proposed for production of oil or gas will be an offset to a well drilled or commenced before the effective date of paragraph (C) of this rule, and which is producing or may be capable of producing on an adjacent tract, and that is so located on said adjacent tract as not to comply with any one or more of the requirements of paragraph (C) of this rule.

(2) The chief shall grant an exception to the requirements of paragraph (C) of this rule if the chief determines that the applicant demonstrates that such an exception will protect correlative rights and/or promote conservation by permitting oil and gas to be produced which could not otherwise be produced. The chief shall grant or deny the application for an exception by order.

(3) A well proposed to be drilled pursuant to such exceptions shall, nevertheless, be subject to the requirements of rule 1501:9-1-05 of the Administrative Code.

(F) Revision of drilling units or subject tracts: Except as provided otherwise in Chapter 1509. of the Revised Code, the requirements of paragraph (C) of this rule, as applicable, apply to the revision of a drilling unit or subject tract.

Last updated July 16, 2024 at 2:54 PM

History

Effective: October 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-08

(A) General. A well permitted under Chapters 1501:9-1 to 1501:9-12 of the Administrative Code shall be constructed in a manner that is approved by the chief as specified by these rules, the terms and conditions of the approved permit, plans submitted in the approved permit, and the standards established in section 1509.17 of the Revised Code. The casing and cementing plans in the approved permit are understood to be estimates based upon the best available geologic information prior to drilling. The division shall evaluate compliance with this rule for the as-built well. Where this rule does not detail specific methods to meet these standards, the owner shall use sound design and industry practices that effectively achieve the standards established in section 1509.17 of the Revised Code.

(B) Field standards. The chief may establish alternative well construction standards that are well-specific, field-specific, or play-specific by permit condition, to ensure protection of public health or safety or the environment.

(1) All intervals drilled prior to reaching the USDW protective depth shall be drilled with air, fresh water, a freshwater based drilling fluid, or a combination of the above. Only additives suitable for drilling through potable water supplies may be used while drilling these intervals.

(2) Based on regional knowledge of groundwater resources, well control, or safety factors, the chief may by permit condition require the use of a freshwater based drilling fluid and specify its characteristics while the owner is drilling any interval prior to reaching the USDW protective depth.

(3) Below cemented surface casing, other drilling fluids may be utilized consistent with sound design and effective industry practice.

(D) Casing standards.

(1) All casing installed in a well shall be steel alloy casing that has been manufactured and tested consistent with standards established by the American petroleum institute (API) in "5 CT Specification for Casing and Tubing" or ASTM international (ASTM) in "A500/A500M Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes" and has a minimum internal yield pressure rating designed to withstand at least 1.2 times the maximum pressure to which the casing may be subjected during drilling, production or stimulation operations.

(a) The minimum internal yield pressure rating shall be based upon engineering calculations listed in API "TR 5C-3 Technical Report on Equations and Calculations for Casing, Tubing and Line Pipe used as Casing and Tubing, and Performance Properties Tables for Casing and Tubing."

(b) Reconditioned casing that is permanently set in a well shall be hydrostatically pressure tested with an applied pressure at least 1.2 times the maximum internal pressure to which the casing may be subjected, based upon known or anticipated subsurface pressure, or pressure that may be applied during stimulation, whichever is greater, and assuming no external pressure. The casing shall be marked to verify the test status. The owner shall provide a copy of the test results to the inspector before the casing is installed in the well.

(c) Where subsurface reservoir pressure is unknown and cannot be reasonably anticipated, the owner shall assume a pressure gradient of 0.45 pounds per square inch per foot in a fully evacuated hole, under shut-in conditions.

(d) All hydrostatic pressure tests shall be conducted pursuant to API "5 CT Specification for Casing and Tubing" or other method(s) approved by the chief.

(2) Reconditioned casing shall not be set in a well unless it has passed an approved hydrostatic pressure and drift test or has otherwise been approved by the inspector. The inspector shall reject casing that is excessively pitted, patched, bent, corroded, or crimped, or if threads are severely worn or damaged.

(3) In order to verify casing integrity and proper cement displacement, the owner shall pressure test each cemented casing string greater than two hundred feet long in accordance with the test method of either paragraph (D)(3)(a) or (D)(3)(b) of this rule.

(a) Immediately upon landing the latch-down plug, the owner shall increase displacement pressure by at least five hundred pounds per square inch and hold pressure for five minutes. If pressure declines by ten per cent or more, casing integrity and cement placement shall be further evaluated and appropriate corrective action shall be taken to verify casing integrity and cement displacement. If the float apparatus does not hold, the owner shall pump the volume that flowed back, and shut in until the cement has sufficiently set.

(b) Prior to drilling the cement plug, the owner shall test any permanently cemented casing strings, at a minimum pump pressure in pounds per square inch calculated by multiplying the length of the casing string by 0.2, but not less than three hundred pounds per square inch. The test pressure may not decline by more than ten per cent during the thirty-minute test period.

(i) If, at the end of thirty minutes of such testing, the pressure shows a drop greater than ten per cent, the owner shall not resume further operations until the condition is corrected. A pressure test demonstrating a pressure drop equal to or less than ten per cent after thirty minutes is evidence that the condition has been corrected.

(ii) Casing integrity may be verified in conjunction with blowout preventer testing without a test plug using either the test pressure described in paragraph (D)(3)(b) of this rule, or the pressure required to test the blowout preventer, whichever is greater.

(E) Casing shoe tests. The chief may require the owner to conduct a casing shoe test after drilling below the surface casing and/or the intermediate casing seat if the pressure gradient of the permitted hydrocarbon reservoir exceeds 0.5 pounds per square inch per foot, or in areas where fracture gradients are unknown.

(F) Surface water infiltration. Before drilling below the first casing string, the owner shall either crown the location around the wellbore to divert fluids to a flow ditch, or construct a liquid-tight cellar at least three feet in diameter to prevent surface infiltration of fluids adjacent to the wellbore. If a reserve pit is used to contain cuttings and drilling fluids, the flow ditch from the cellar or crown to the reserve pit shall also be liquid tight.

(G) Mouse and rat holes. If a mouse and/or rat hole is used, it shall be constructed of liquid tight steel pipe with a welded basal plate or bull plug. The annulus shall be sealed with clay or cement in a manner that effectively prevents fluids from entering the annular space.

(H) Wellbore diameters.

(1) The diameter of each section of the wellbore in which casing will be set and cemented shall be at least one inch greater than the outside diameter of casing collar to be installed, unless otherwise approved by the chief.

(2) The wellbore diameter shall be consistent with manufacturer's recommendations for all float equipment, centralizers, packers, cement baskets, and all other equipment run into the wellbore on casing.

(I) Wellbore conditioning.

(1) Prior to cementing, the wellbore shall be conditioned to kill gas flow, foster adequate cement displacement, and ensure a high quality bond between cement and the wellbore. If circulation cannot be established or maintained, the inspector shall require testing to evaluate cement displacement. If tests indicate cement displacement or quality is inadequate to meet the standards, the owner shall not resume drilling activity until corrective action has achieved compliance with the standards.

(2) If oil-based drilling mud is used, the wellbore shall be conditioned with a mud flush and the spacer volume should be designed for a minimum of ten minutes of contact time prior to cementing production casing in the horizontal segment of a wellbore.

(3) Where underground mine voids, solution voids, or other geologic features render circulation infeasible, the owner shall install a cement basket or other approved device as close as possible above the top of the void or thief zone. Mine strings shall be cemented above and below the mine void in accordance with paragraph (M) of this rule.

(J) Cement standards.

(1) All cement placed into the wellbore shall be Portland cement that is manufactured to meet the standards of API "10 A Specification for Cements and Materials for Well Cementing" or ASTM "C150/C150M Standard Specification for Portland Cement."

(2) Cemented conductor, mine, and surface casing strings shall remain static until all cement has reached a compressive strength of at least five hundred pounds per square inch before drilling the plug, or initiating a test.

(3) The tail cement for all intermediate and production casings and liners shall remain static until the cement has reached a compressive strength of at least five hundred pounds per square inch before drilling out the plug or initiating a test. Tail cement shall have a seventy-two-hour compressive strength of at least one thousand two hundred pounds per square inch. Lead cements with volume extenders may be used to seal these strings, but in no case shall the cement have a compressive strength of less than one hundred pounds per square inch at the time of drill out nor less than two hundred fifty pounds per square inch twenty-four hours after being placed.

(4) The density of the cement slurry shall be based upon a laboratory free fluid separation test demonstrating an average fluid loss no more than three milliliters per two hundred fifty milliliters of cement tested in accordance with API "RP 10 B-2 Recommended Practice for Testing Well Cements." Slurry should be mixed and pumped at a rate that ensures consistent slurry density.

(5) The chief may require, by permit condition, a specific cement mixture to be used in any well or any area if evidence of local conditions indicate a specific cement is necessary.

(6) The owner shall ensure that the cement mix water quality and chemistry is proper for the cement slurry design. An authorized representative of the owner shall be on site observing the cement mixing equipment for the entire duration of the cement mixing and placement to ensure that cement slurry design parameters are followed.

(7) Sulfate resistant cement shall be used whenever necessary to protect the casing string and prevent the migration of hydrogen sulfide. When the owner is drilling in a township where hydrogen sulfide occurs commonly in specific intervals, the chief shall require as a permit condition that the owner use sulfate resistant cement.

(8) Compressive strength test requirements.

(a) Cement mixtures for which published performance data are not available shall be tested by the owner or service company and approved by the chief prior to usage. Tests shall be made on representative samples of the basic mixture of cement and additives used, using distilled water or potable tap water for preparing the slurry. The tests shall be conducted using the equipment and procedures established in API "RP 10 B-2 Recommended Practice for Testing Well Cements." Test data showing competency of a proposed cement mixture to meet the above requirements shall be furnished to the inspector prior to the cementing operation. To determine that the minimum compressive strength has been obtained, the owner shall use the typical performance data for the particular cement mixture used in the well at the following temperatures and at atmospheric pressure:

(i) For conductor, mine string, and surface casing cement, the test temperature shall be sixty degrees Fahrenheit;

(ii) For intermediate and production casing cement, the test temperature shall be within ten degrees Fahrenheit of the formation equilibrium temperature of the cemented interval.

(K) Centralizer standards.

(1) All bowspring centralizers shall meet the standards of API "10 D, Specification for Bow-Spring Casing Centralizers."

(2) All rigid centralizers shall meet the standards of API "10 TR 4 Considerations Regarding Selection of Centralizers for Primary Cementing Operations."

(3) Casing shall be centralized in each segment of the wellbore to provide sufficient casing standoff and foster effective circulation of cement to isolate critical zones including aquifers, flow zones, voids, lost circulation zones, and hydrocarbon production zones.

(L) Notification. The owner shall notify the inspector at least twenty-four hours prior to setting any casing or liner string and before commencing any casing cementing operation pursuant to this rule to enable the inspector to participate in the pre-job safety and procedures meeting, independently test mix water, evaluate casing condition, and observe and document the execution of the cementing operation.

(M) Casing strings.

(1) Drive pipe. Drive pipe may be driven through unconsolidated materials and need not be cemented if there is no annular space.

(2) Mine string.

(a) Casing through an active underground mining operation.

(i) If a well is drilled within the geographic limits of an active underground mining operation, the owner shall construct the well in a manner that protects personnel working in the mine, and, if possible, shall locate the well so as to penetrate a pillar, a barrier, or the unmined perimeter of the seam.

(ii) If a well is drilled within the limits of an active underground mining operation that may penetrate the excavations of a mine and groundwater has been encountered below the base of the conductor casing, the hole shall be reduced fifteen feet above the roof of the mine. This string of casing shall be cemented to surface to shut off all groundwater. Drilling shall continue to a point at least thirty but no more than fifty feet below the floor of the mine and another string of casing shall be set and cemented.

(b) Casing through any underground mine void. After drilling through any underground mine void or rubble zone, casing shall be set at least thirty feet but no more than fifty feet below the base of the mine void or rubble zone and cemented at this point. The owner shall design the casing and cementing plans considering the maximum number of casing strings that may be necessary to isolate mine voids prior to setting and cementing surface casing.

(c) A mine string shall not serve as the only water protection casing. Where a mine string isolates one or more water-bearing zones, either surface or intermediate casing shall be cemented to surface inside the mine string.

(d) Each mine string shall be equipped with a guide shoe or other appropriate device to prevent deformation of the bottom of the casing.

(e) Cementing the mine string.

(i) If a mine void or rubble zone is encountered, the owner shall equip the mine string with a cement basket or other approved device as close to the top of the void as practical.

(ii) The interval from the casing seat to the base of the coal seam shall be cemented.

(iii) Cement shall be placed on top of the basket or other approved device by pour string or pumping from surface.

(3) Conductor casing.

(a) Conductor casing shall be set where necessary to:

(i) Stabilize unconsolidated sediments;

(ii) Isolate shallow aquifers that provide or are capable of providing groundwater for water wells and springs in the vicinity of the well;

(iii) Isolate groundwater before penetrating the working of an active underground mine; or

(iv) Provide a base for equipment to divert shallow, naturally occurring natural gas.

(b) Conductor casing shall be cemented to surface if there is an annular space.

(c) If circulated cement drops or fails to circulate, cement shall be emplaced from surface by a method approved by the inspector.

(4) Surface casing.

(a) An owner shall set and cement sufficient surface casing at least fifty feet below the base of the deepest USDW, or at least fifty feet into competent bedrock, whichever is deeper, and as specified by the permit, unless otherwise approved by the chief. Surface casing shall be cemented before drilling though hydrocarbon bearing flow zones or zones which contain concentrations of total dissolved solids exceeding ten thousand milligrams per liter unless otherwise approved by the chief. For the purposes of this paragraph, hydrocarbon bearing flow zones shall include all formations that have historically, are currently, or are anticipated to be commercially productive.

(b) Sufficient cement shall be used to fill the annular space outside the casing from the seat to the ground surface or to the bottom of the cellar.

(c) If cement is not circulated to the ground surface or the bottom of the cellar and the top of cement cannot be measured from surface, the owner shall perform tests as approved by the inspector. The owner shall notify the inspector prior to performing the tests. After the nature of the well construction deficiency is determined, the owner shall contact the inspector and obtain approval for the procedures to be used to perform any required additional cementing operations. Surface casing shall not be perforated for the purpose of remedial cementing unless intermediate casing is set and cemented to surface, or otherwise authorized by the chief.

(d) If remedial options fail and the chief determines that USDWs are not adequately isolated or protected, the chief may issue an administrative order suspending further drilling operations. If the chief determines additional remedial measures will not isolate and protect the USDW, the chief shall issue an administrative order requiring the well to be plugged.

(e) For surface holes drilled through glacial drift deposits that exceed one hundred feet in thickness, a guide shoe shall be run on the surface casing.

(f) In areas where bedrock USDWs cannot be mapped, except in areas subject to paragraph (M)(4)(g) of this rule, surface casing shall be set and cemented at the depth stated in paragraph (M)(4)(f)(i) or (M)(4)(f)(ii) of this rule, whichever is deeper and as determined by permit condition, or, as an alternative method for protecting groundwater resources, at the depth stated in paragraph (M)(4)(f)(iii) of this rule:

(i) At least three hundred feet deep; or

(ii) At least one hundred feet below the deepest local perennial stream base; or

(iii) At least fifty feet below the base of the lowest spring or deepest water well developed for any legitimate purpose, based upon an inventory of water supplies within a five hundred foot radius of the proposed oil and gas well. If there are no springs or water wells within the five hundred foot radius, conductor casing shall be set and cemented at a minimum depth of one hundred feet. After conductor casing is set through the deepest useable water zone and cemented to surface, the owner shall set and cement to surface a surface casing string through water zones that may include brackish or brine bearing zones. This casing string shall be set and cemented to surface before the owner drills into potential flow zones that can reasonably be expected to contain hydrocarbons in commercial quantities.

(g) In areas where bedrock USDWs cannot be mapped and where groundwater resources can be developed in valley-fill aquifers, surface casing shall be cemented at least one hundred feet below the base of the valley-fill aquifer for any well within one thousand feet of the one hundred year floodplain..

(5) Alternative surface casing requirements. An alternative method of protecting USDWs may be approved upon written application to the chief. The owner shall state the reason for the alternative USDW protection method and outline the alternative method for casing and cementing through the deepest USDW. Alternative methods for setting more than specified amounts of surface casing for well control purposes may be requested on a field-specific or area-specific basis. Alternative methods for setting less than specified amounts of surface casing shall be authorized on an individual well basis only. The chief may approve, modify, or reject the proposed alternative method. The chief shall reject the proposed method by order if the owner has not demonstrated that the alternative casing plan will meet the standards of section 1509.17 of the Revised Code and this rule. The owner may file an appeal with the oil and gas commission pursuant to section 1509.36 of the Revised Code. An owner shall obtain the chief's written approval of any alternative method before commencing operations.

(6) Intermediate casing.

(a) Intermediate casing may be set at the discretion of the owner to isolate flow zones, lost circulation zones, or other geologic hazards, unless otherwise required by this rule or the approved permit.

(b) The owner shall set and cement intermediate casing in a competent formation in the following situations:

(i) If groundwater containing total dissolved solids of less than ten thousand milligrams per liter is encountered below the base of cemented surface casing;

(ii) Through a gas storage reservoir when drilling to strata beneath a gas storage reservoir within the storage protective boundary;

(iii) When drilling to permitted hydrocarbon zones deeper than the silurian clinton sandstone east of the updip pinchout; such casing shall be set through the Mississippian berea sandstone, or one thousand feet, whichever is greater;

(iv) For wells drilled horizontally, in the Marcellus shale, or deeper, such casing shall be set through the Mississippian berea sandstone or one thousand feet, whichever is greater; or

(v) In other situations as determined by the chief.

(c) For each intermediate string of casing that is permanently set in the wellbore, tail cement shall extend from the seat to a point at least five hundred true vertical feet above the casing seat, or to a point at least two hundred feet above the seat of the next larger diameter casing string.

(d) If the intermediate wellbore penetrates one or more flow zones, cement shall be placed at least five hundred feet above the uppermost flow zone. The cement used to control annular gas migration from flow zones shall be designed consistent with recommended methods in API "65-2 Isolating Potential Flow Zones during Construction." The cement shall reach a compressive strength of five hundred pounds per square inch before drill out. Annular pressure shall be measured prior to drill out to verify isolation of the flow zone.

(e) If the cement placement indicators including fluid returns, lift pressure, or annular pressure indicate inadequate isolation of any flow zone, the owner shall obtain approval of the inspector for the proposed plan for determining top of cement and/or performing additional cementing operations.

(f) Liners may be set and cemented as intermediate casing provided that the cemented liner has a minimum of two hundred feet of cemented lap within the next larger casing, and the liner top is pressure tested to a level equal to or higher than the maximum anticipated pressure to be encountered in the interval to be drilled below the liner. The test pressure may not decline by more than ten per cent during the thirty minute test period. If at the end of a thirty minute pressure test, the pressure has dropped by more than ten per cent, the owner shall not resume operations until the condition is corrected and verified by a thirty minute pressure test.

(7) Production casing and liners.

(a) Cemented completions.

(i) The production casing shall be cemented with sufficient cement to fill the annular space to a point at least five hundred true vertical feet above the seat in an open-hole vertical completion or the uppermost perforation in a cemented vertical completion, or one thousand feet above the kickoff point of a horizontal well. If any flow zone is present, including strata that may contain hydrocarbons in commercial quantities or a hydrogen sulfide-bearing flow zone, the casing shall be cemented in a manner that effectively isolates such strata with at least five hundred feet of cement above the zone. The cement slurry shall be designed to control annular gas migration consistent with recommended methods in API "65-2 Isolating Potential Flow Zones during Construction."

(ii) When cementing the production string of a well that will be stimulated by hydraulic fracturing, and the uppermost perforation is less than five hundred feet below the base of the deepest USDW, sufficient cement shall be used to fill the annular space outside the casing from the seat to the ground surface or to the bottom of the cellar. If cement is not circulated to the ground surface or the bottom of the cellar, the owner shall notify the inspector and perform tests approved by the inspector. After the top of cement outside the casing is determined, the owner or his authorized representative shall contact the inspector and obtain approval for the procedures to be used to perform any required additional cementing operations.

(iii) Liners may be set and cemented as production casing, provided that the cemented liner has a minimum of two hundred true vertical depth feet of cemented lap within the next larger casing, and the liner top is pressure tested to a level that is at least five hundred pounds per square inch higher than the maximum anticipated pressure to be encountered by the wellbore during completion and production operations. The test pressure may not decline by more than ten per cent during the thirty minute test period. If at the end of a thirty minute pressure test, the pressure has dropped by more than ten per cent, the owner shall not resume operations until the condition is corrected and verified by a thirty minute pressure test. Liners may only be set and cemented as production casing in horizontal shale gas wells if approved by the chief.

(iv) If operations indicate inadequate cement coverage or isolation of the hydrocarbon bearing zones, the owner shall obtain approval of the inspector for procedures to determine the top of cement and/or perform corrective actions.

(b) Packer completions. Packer or other non-cemented completions may be used in place of cemented completions. If intermediate casing is run with this type of completion, cementing shall meet the requirements of paragraph (M)(7) of this rule. If intermediate casing is not run, a multi-stage cementing tool shall be run above the top external packer and cemented to fill the annular space outside the casing to the surface or to a point at least five hundred feet above the packer or casing seat. The chief may approve alternative completion proposals. Any approved alternative shall meet the well construction standards of section 1509.17 of the Revised Code and these rules.

(N) Annular pressure.

(1) Wellhead assemblies shall be used to maintain surface control of the well. Each component of the wellhead shall have a working pressure rating equal to or greater than the highest anticipated operating pressure to which the particular component might be exposed during the course of drilling, testing, completing, stimulating, or producing the well.

(2) The valve on the surface-production casing annulus or surface-intermediate casing annulus shall be accessible and equipped with a pressure gauge to allow continual monitoring of mechanical integrity. The valve shall also be equipped with a properly functioning pressure relief valve set at or below the hydrostatic pressure at the surface casing seat assuming a pressure gradient of 0.433 pounds per square inch times the height of the groundwater column. If the hydrostatic head at the casing seat is unknown, the surface-production casing annulus is assumed to be over-pressurized when annular pressure measured at surface exceeds 0.303 multiplied by the length of the surface casing. If the inspector approves perforation of surface casing and intermediate casing is not installed and cemented, the allowable annular pressure measured at surface in pounds per square inch will be established by multiplying the depth of the uppermost perforation by 0.303.

(3) If any time after installation of the wellhead assembly, the sustained annular pressure exceeds the prescribed pressure or releases the pressure relief valve, the owner shall immediately notify the inspector.

(4) The inspector shall approve tests or logging procedures to evaluate the cause of over-pressurized conditions and approve a plan for corrective action. If remedial cementing, replacement of defective casing, or implementation of other mechanical barriers or operational solutions cannot eliminate over-pressurized conditions, the owner shall plug the well.

(5) During stimulation or workover operations, all annuli shall be pressure-monitored. Stimulation or workover operations shall be immediately suspended for any inexplicable pressure deviation above those anticipated increases caused by pressure or thermal transfer. In the event that stimulation fluids circulate, or annular pressures deviate from anticipated, the owner shall immediately notify the inspector and acquire approval for remediation of casing or cement. If the chief determines that the stimulation of the well has resulted in irreparable damage to the well, the chief shall order that the well be plugged and abandoned within thirty days of issuance of the order.

(O) Well construction records.

(1) Within sixty days after drilling to total depth, the owner shall file a legible copy of all cement job logs with the chief furnishing complete data documenting the cementing of all cemented casing strings, on a form approved by the chief and signed by the owner of the well or his authorized agent having personal knowledge of the facts, and representatives of the cementing company performing the cementing job, attesting to compliance with the cementing requirements of this rule.

(2) Each job log shall include the following information:

(a) Date cemented;

(b) Name of the cementing contractor;

(d) Whether or not the wellbore circulated prior to cementing;

(e) Hole diameter in inches, casing outer diameter in inches, casing length in feet, float equipment depth in feet, basket depth in feet, and centralizer depth in vertical segments of the wellbore in feet;

(f) Number of centralizers placed in the horizontal segment of a wellbore;

(g) Cement type, additives by percent of unit volume, volume of cement in sacks, cement yield per sack, average slurry density in pounds per gallon, slurry volume in barrels, and displacement volume in barrels;

(h) Pumping rates in barrels per minute, displacement pressure in pounds per square inch, and final circulating pressure prior to landing the plug in pounds per square inch;

(i) The time the latch-down or wiper plug landed;

(j) Casing test pressure in pounds per square inch and final test pressure in pounds per square inch;

(k) Whether or not cement circulated to surface; and

(l) Volume of cement slurry circulated to surface in barrels.

Last updated March 6, 2026 at 12:30 PM

History

Effective: August 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-03 Surety Bond.

(A) Amount:

The surety bond provided for in section 1509.07 of the Revised Code shall be executed by a surety company authorized to do business in the state of Ohio and shall be in the following amount:

For an individual bond covering a single well, five thousand dollars; for a blanket bond covering all such wells operated by the principal, fifteen thousand dollars;

(B) Delinquent restoration.

If the oil or gas well owner, permittee, or his agent fails to complete the initial restoration as required under division (A) of section 1509.072 of the Revised Code, the chief, prior to issuing a bond forfeiture order for such failure, shall issue to such person a written notice of violation. The notice of violation shall:

(1) Set forth with reasonable specificity:

(a) The nature of the failure;

(b) The remedial action required;

(d) A description of the area to be restored.

(2) State that if the notice is not compiled with within the time allowed in the notice and any extensions given for good cause, the chief will forfeit the total amount of the performance bond.

The chief shall forfeit the total amount of the performance bond when he or she finds that the oil or gas well owner or permittee has:

(1) Failed to comply with a notice of violation issued under paragraph (B) of this rule;

(2) Failed to comply with the final restoration requirements of division (B) of section 1509.072 of the Revised Code;

(3) Failed to comply with the plugging requirements of section 1509.12 of the Revised Code, the permit provisions of section 1509.13 of the Revised Code or rules adopted thereunder.

(D) Forfeiture procedures.

When performance bond is to be forfeited, the chief shall issue an order to the owner or permittee, which order shall be referred to in this rule as the bond forfeiture order. The bond forfeiture order shall:

(1) Set forth the violation giving rise to the order;

(2) Declare that the entire amount of the bond is forfeited;

(3) If the performance bond filed with the division is supported by or in the form of cash or negotiable certificates of deposit, declare the cash or certificates property of the state;

(4) If the performance bond filed with the division is in the form of a surety bond, the chief shall also issue a bond forfeiture order to the surety involved and, in addition to the requirements of paragraphs (C)(1) and (C)(2) of this rule, the order shall also inform the surety of its rights and the extent of its obligations and liability.

(E) Options for the surety.

(1) Within thirty days after it receives a bond forfeiture order, each surety shall notify the chief that it will:

(a) Not correct the violation or violations resulting in the issuance of the bond forfeiture order and shall make payment for the full amount of the bond; or,

(b) Correct the violation or violations and shall submit to the chief a plan, including a time frame for performance for accomplishing the required work; or,

(c) Pay to the treasurer of the state that amount of money which it would cost the state of Ohio as determined by the chief to complete the required work.

(2) The rights of the surety to correct the violation or violations resulting in the issuance of the bond forfeiture order shall be terminated if the surety fails to:

(a) Notify the chief within thirty days after receipt of the bond forfeiture order that it will or will not correct the violation;

(b) Submit a timetable at the same time it notifies the chief that it will perform the required work; or,

(c) Commence, continue, or complete the required work in a manner and in accordance with its timetable and the provisions of Chapter 1509. of the Revised Code.

(3) When the chief determines that the rights of a surety shall be terminated, the chief shall issue an order terminating the rights of the surety and demanding payment from the surety for the entire amount of performance bond filed with the chief by the surety.

(F) Financial statements:

Sworn financial statements may be accepted in lieu of a surety bond, certificate of deposit, or cash bond only for owners classified as exempt domestic well owners or for non-domestic well owners for whom the chief has accepted a sworn financial statement prior to January 1, 1993 and who are not in material and substantial violation of Chapter 1509. of the Revised Code. Additionally, the chief may accept new financial statements for exempt domestic well owners and non-domestic well owners if an irrevocable letter of credit on a form provided by the division for the bond amount is provided from an approved financial institution along with the financial statement required in paragraph (F)(1)(d) or (F)(2)(c) of this rule or by providing a copy of a financial statement submitted to the financial institution issuing the letter of credit. The chief will not accept new financial statements to release surety bonds, certificates of deposit or cash bonds previously filed with the division.

(1) Exempt domestic well owners:

(a) New exempt domestic well owners filing a financial statement will be limited to one well under the financial statement. New exempt doemstic well owners requesting the ownership of more than one well and existing exempt domestic well onwers requesting to receive additional wells must file a certificate of deposit, surety bond or cash bond in the amount required for the total number of wells to be owned.

(b) Exempt domestic well owners shall demonstrate financial responsibility at least once every two years under a schedule established by the division.

(c) To demonstrate financial responsibility, exempt domestic well owners must show sufficient assets and income to operate, maintain, and abandon the well.

(d) Exempt domestic well owners shall submit the following information to the division:

(i) Personal financial statement on a form provided by the division;

(ii) Statement of estimated well operating, maintenance, and abandonment expenses and source of funds to use in paying for these costs;

(iii) Other information required by the chief.

(iv) The exempt domestic well owner must attest to the material accuracy of the information provided. The forms shall prescribe penalties for submission of a false statement.

(2) Non-domestic well owners:

(a) Each owner with a previously approved financial statement shall demonstrate financial responsibility annually under a schedule established by the division.

(b) To demonstrate financial responsibility, and receive approval of the financial statement, each owner shall show the following:

(i) The owner must have a sufficient capital structure to show a net financial worth in Ohio of twice the required bonding amount;

(ii) The owner must not be found to be in material or substantial violation of Chapter 1509. of the Revised Code or Chapter 1501:9-1 of the Administrative Code during the preceding year;

(iii) The owner must be in compliance with sections 1509.10 and 1509.11 of the Revised Code.

(c) In order to verify the accuracy of the financial statement each owner shall submit the following information when requested by the chief of the division of mineral resources management:

(i) Income statement;

(ii) Balance sheet;

(iii) Copy of corporate franchise tax filing for previous year (if applicable);

(iv) List of fixed assets and their current market or book value;

(v) Copy of independent appraisal or copy of the county auditor's assessed value of all real estate listed if the book value exceeds twenty-thousand dollars;

(vi) Proof of payment of oil and gas severance tax for previous year;

(vii) List of all producing wells including type of equipment and percentage of equipment owned;

(viii) Other information required by the chief; other information approved by the chief may be accepted in lieu of the above listed items.

(ix) Annual reports (reviews or audits) prepared in the normal course of business for an owner by a certified public accountant in accordance with generally accepted accounting principles will be accepted in lieu of the information required in (F)(2)(c)(i) through (v) if the signature page of the division's financial statement form is submitted with the annual report and signed by the owner or authorized representative.

(d) Information preparation and standards:

(i) Financial statements submitted under paragraph (F)(2)(c) of this rule pursuant to this rule shall be compilations and prepared according to generally accepted accounting principles;

(ii) All financial statements must be sworn as to the material accuracy by the owner or authorized representative of the owner and a certified public accountant must certify that each financial statement was prepared in accordance with generally accepted accounting principals. Forms shall prescribe penalty for submission of a false statement;

(iii) If the owner is a corporation, only assets and liabilities of the corporation may be included on the financial statements.

(e) Evaluation:

(i) The division may use accepted financial industry tools to evaluate financial information;

(ii) The division may review inspection and enforcement data to determine if the owner has acted in an environmentally responsible manner.

(f) Penalties:

(i) Failure of an owner to demonstrate financial responsibility as required under paragraphs (F)(1)(b) to (F)(1)(d), (F)(2)(a) and (F)(2)(b) and/or failure to supply all the information listed under (F)(2)(c) of this rule will result in an order by the chief requiring a surety bond, certificate of deposit, or cash bond in the amount of bond required. If the order is not complied with, the owner will receive an order by the chief requiring the plugging of all wells of the owner.

Last updated March 6, 2026 at 12:30 PM

History

Effective: April 15, 2004
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-05

(A) As used in this rule:

(1) "Fall impact radius" means either of the following as applicable:

(a) The distance calculated in feet by multiplying the total height of overhead equipment by a safety factor of 1.2 and measured laterally from the well being constructed or accessed; or

(b) For drilling rigs, the distance calculated in feet by multiplying the total height of overhead equipment from the drilling rig floor to the crown block by a safety factor of 1.2 and measured laterally from the well being constructed or accessed.

(2) "Emergency shutdown system" means a valve or a system of valves that, when activated, initiate an automated shutdown of production operations.

(3) "Overhead equipment" means any aerial, suspended, raised, elevated, or projected equipment over the height of the well being constructed or accessed.

(4) "Overhead operation(s)" means the use of overhead equipment for the purpose of well drilling, well stimulation, well completion, well logging, well testing, workover, reconditioning, plugging back and plug and abandonment.

(5) "Production operation(s)" means the same as in section 1509.01 of the Revised Code.

(6) "Simultaneous operation(s)" means any overhead operations where a well or wells not being constructed or accessed are located within the fall impact radius of overhead equipment used to construct or access a well.

(7) "Simultaneous operations plan" means a written plan that sets forth the simultaneous operation(s), considers the risks to existing production operations that are located within the fall impact radius, describes the actions to be performed to mitigate risks to the existing production operations that are located within the fall impact radius, and that includes all of the following:

(a) The location of the work planned identified in any of the following ways:

(i) The permit number for the horizontal well site constructed in accordance with rule 1501:9-02 of the Administrative Code;

(ii) The GPS location of the well pad constructed before July 16, 2015; and

(iii) The GPS location of the well.

(b) Emergency contact information of the applicant;

(c) A map on a scale not smaller than four hundred feet to the inch for each different type of overhead operation that contains the following: and

(i) Legend, date prepared, scale bar, scale in feet, north arrow, and version number;

(ii) Identification of each well on the well pad with the corresponding API number and well name;

(iii) Identification of each proposed well with proposed well name and number, if applicable;

(iv) Identification of each fall impact radius;

(v) Identification of all surface production operations within each fall impact radius;

(vi) Identification of each location of each emergency shutdown device; and

(vii) Identification of each lower explosive level monitoring location on the well pad.

(d) Information regarding the wells located within each fall impact radius including all of the following:

(i) Dates wells were drilled, stimulated, and placed into production;

(ii) Well(s) production configuration (casing flow, tubing flow, artificial lift);

(iii) Average daily production of oil, gas, and water for each well for the previous thirty days before submittal of the plan; and

(iv) Highest recorded tubing, casing, and annular pressures for all strings for each well, including the measurement dates, for thirty days prior to submittal of the plan.

(e) A drawing illustrating:

(i) The location on the well pad and corresponding height of all overhead equipment to be utilized during simultaneous operations; and

(ii) The location and depth of burial of all subsurface piping located on the well pad;

(8) "Well pad" means the same as in section 1509.01 of the Revised Code.

(9) "Workover" means performing work on a well using coiled tubing, snubbing, or installing or removing tubing or pipe.

(B) On and after the effective date of this rule, no person shall conduct production operation(s) resulting in simultaneous operation(s) without first having electronically submitted in a format approved by the chief and received written acceptance of a simultaneous operations plan.

(1) If the applicant proposes to produce wells located within the fall radius during overhead operations, the chief will not accept the plan unless all of the following are included:

(a) A description of the how the offset well(s) and production operations will be shut-in during mobilization/demobilization activities and any movement of overhead equipment;

(b) A description of cages, with high visibility markings, that will be installed and secured over wells prior to and during simultaneous operations;

(c) A description of barriers, with high visibility markings, that will be installed around the perimeter of wells and production equipment prior to and during simultaneous operations;

(d) A description of tanks that will remain on location prior to and during simultaneous operations that are capable of holding at least 1.5 times the volume of kill weight fluid needed for each well located in the fall radius;

(e) A description of the piping (kill lines) capable to connect the tanks of kill weight fluid to all wells located within the fall radius prior to and during simultaneous operations;

(f) A description of how kill lines will be installed and maintained from tanks to each well located within the fall radius prior to and during simultaneous operations;

(g) A description of the lower explosive limit monitors that will be placed around production operations on the well site prior to and during simultaneous operations;

(h) A description of an emergency shutdown system that will be installed at the location;

(i) A description of lifts to be performed during simultaneous operations; and

(j) A description of the qualifications of the person performing lifts, the supervisor or spotter that will be present during all lifts, and the review procedures of the overhead operations plan.

(2) If the applicant proposes to shut-in wells located within the fall radius during overhead operations, or cannot meet the requirements in paragraph (B)(1) of this rule, the chief will not accept a simultaneous operations plan unless all of the following are included:

(a) A description of the internal barrier(s), type(s), and purpose(s) that will be installed in each well within the fall radius, excluding pre-existing valves, to suspend production and prevent flow during simultaneous operations;

(b) A description of how each wellhead will be configured/deconstructed and night cap installed or lock out/tag out-performed on master and wing valves prior to and during simultaneous operations;

(c) A description of how all production operations within the fall radius will be emptied, purged, depressurized, and/or decommissioned prior to and during simultaneous operations; and

(d) A description of how midstream facilities on the well site will be isolated and depressurized prior to and during simultaneous operations.

(3) For all simultaneous operations conducted pursuant to a plan accepted by the chief under paragraph (B) of this rule, all of the following apply;

(a) No lifts may occur above a well(s) that is not being constructed or accessed;

(b) An emergency shutdown system shall be tested before simultaneous operations begin and the owner will directly notify the chief at least twenty-four hours before testing; and

(1) The chief may request additional information be included in the simultaneous operations plan if the chief determines such information is necessary to protect public health, safety, and/or the environment.

(2) Upon receipt, the chief will review the simultaneous operations plan and either accept or reject the plan in writing within thirty business days. Upon receipt, the chief will review a simultaneous operations plan involving a workover and either accept or reject the plan in writing within twenty business days.

(D) Operational requirements

(1) The person must follow the accepted simultaneous operations plan while conducting simultaneous operations.

(2) When a simultaneous operations plan is required by this rule, the person must provide direct notification to the inspector or a person at a regional office two business days prior to the beginning of simultaneous operations in the accepted plan.

(3) Prior to conducting simultaneous operations pursuant to a plan accepted under paragraph (B) of this rule, the chief will verify that the operations on the well site are implemented in accordance with the accepted simultaneous operations plan. The chief may grant written permission to conduct simultaneous operations if the chief cannot verify operations are implemented in accordance with the accepted simultaneous operations plan.

(4) A person shall directly notify the division if a simultaneous operations plan did not perform as designed.

(5) A copy of the most recently accepted simultaneous operations plan shall be kept in a readily-accessible location at the well site.

(E) Plan Modifications. Prior to conducting production operations, a previously accepted simultaneous operations plan must be modified to reflect any changes in the production operations and the modifications submitted to the division in writing. The division will review all modifications in accordance with the requirements of this rule and accept modifications in writing or reject within two business days of receipt.

Last updated October 4, 2021 at 8:19 AM

History

Effective: October 4, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-06 Severability.

In the event any word, phrase, sentence, or other portion of division 1501:9 of the Administrative Code is declared invalid, such invalidity will not affect the remaining portions and parts of the rules adopted or promulgated by the chief.

Last updated December 16, 2025 at 10:08 AM

History

Effective: October 4, 2021
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-07 Prevention of contamination and pollution.

(A) All persons engaged in any phase of operation of any well or wells shall conduct such operation or operations in a manner which will not contaminate or pollute the surface of the land, or water on the surface or in the subsurface

(B) In urbanized areas, to minimize off-site sedimentation, erosion and to control the surface flow of water, the well owner and or authorized representative must follow the best management practices (BMPs) for oil and gas well site construction manual, as defined in rule 1501:9-1-01 of the Administrative Code. BMPs and other design standards other than provided by the chief maybe used if a well owner or their authorized representative demonstrates that the alternative BMP or practices minimize erosion to the same degree as the BMP's provided by the chief.

History

Effective: January 1, 2021
Promulgated Under: 119.03

Chapter 1501:9-2 Horizontal Wells

Ohio Adm.Code 1501:9-2-01 Definitions.

As used in Chapter 1501:9-2 of the Administrative Code:

(A) "Construction" means the alteration of the earth, which includes soil, sediment, rock, sand, gravel, and organic material, for the purpose of creating a well site. "Construction" does not include the temporary storage of equipment or materials; activities to protect sensitive areas or habitats; seasonal tree and vegetative cutting; or any activity that does not exceed one acre of earth disturbance conducted for the preparation of the well site plans.

(B) "Emergency Management Zone" has the same meaning as in paragraph (Y) of rule 3745-42-01 of the Administrative Code.

(1) Well pad downslope locations using latitude and longitude, in a format of decimal degrees to a minimum of six significant decimal figures, where response resources may be deployed for containment in the event of an emergency release;

(2) Nearest receiving streams, rivers, watercourses, ponds, lakes, or other surface bodies of water where fluids may migrate from the proposed well pad; and

(3) Pipes, ditches, other conveyances, and hydraulic control structures identified in the stormwater hydraulic report and in the sediment and erosion control plan.

(D) "Dust control plan" means a plan that includes all of the following:

(1) An identification of the dust control measures that will be used during construction at the proposed well site;

(2) A description of when the dust control measures will be used;

(3) The name and contact information of the person who is responsible for the implementation of the dust control plan and who also has the authority to stop work if the management of the dust generated at the well site is not in accordance with the dust control plan; and

(4) A description of the methods and procedures that will be used to evaluate and document all complaints received by the person whose application was approved related to dust generation.

(E) "Geotechnical report" means a report that describes the proposed well site geotechnical conditions; design considerations that address the geotechnical conditions at the proposed well site; and construction specifications of the proposed well site that address the geotechnical conditions and that includes all of the following:

(1) An analysis of slope stability, bearing capacity, and settlements, as applicable, that have the potential to impact the performance of the proposed well site once constructed

(2) Geotechnical borings or other geotechnical engineering standard investigative means of sufficient depth and quantity to substantiate the design;

(3) A summary of subsurface exploration data specifically relevant to the geotechnical investigation and interpretation as it pertains to the design and construction of the proposed well site, including subsurface soil profile, exploration logs, laboratory or in situ test results, and elevation of the saturated zones that are encountered;

(4) An interpretation and analysis of the data;

(5) An explanation of the geotechnical design constraints;

(6) Cross-sections through borings and applicable subsurface data collected while performing geotechnical borings or other geotechnical engineering investigative means and critical slopes used in geotechnical calculations; and

(7) Documents showing calculations, including a detailed explanation of each assumption and reference used in the calculations, used to determine the factor of safety.

(F) "Material modification" means any of the following:

(1) Any substantial alteration to the design or construction of a well site;

(2) Alteration to the design or construction of a well site that reduces the ability of the well site to support safe drilling and production operations, protect public health and safety, or minimize damage to natural resources; or

(3) Any alteration that results in the revision of the well site boundary.

(G) "Stormwater hydraulic report" means a report that includes all of the following:

(1) A delineation of contributing drainage area boundaries and their size measured in acres;

(2) A detailed description or drawing that shows the installation specifications of all pipes, ditches, hydraulic control structures, and conveyances;

(3) Hydraulic design documentation for all pipes, ditches and other conveyances, and hydraulic control structures of surface water within or from the proposed well site;

(4) The materials and specifications for all proposed pipes, ditches, and conveyances;

(5) An analysis, performed by a professional engineer, of existing pipes, ditches and conveyances, whether inside or beyond the well site boundary, to which stormwater is directed from the well site; and

(6) The supporting calculations used to design the stormwater conveyance system.

(H) "Reclamation Modification" means to restore a portion of or the entire well site disturbed by the construction of the original well site or in a subsequent material modification.

(I) "Record drawings" means the revised full set of permit drawings signed, sealed, and submitted by a professional engineer after completion of the well site construction that reflect all modifications made during construction approved under Chapter 1501:9-2 of the Administrative Code, and show the dimensions, geometry, and location of all elements of the work completed. The record drawings will be generated from the as-built construction drawings identifying the modifications to the approved application.

(J) "Well site" means the area within the well site boundary, including the well pad, roads not in the public right-of-way, and production operations that are directly associated with the well pad or any well on the well pad.

(K) "Well site boundary" means the boundary delineated by an applicant in an application submitted under rule 1501:9-2-02 of the Administrative Code and includes material modifications. "Well site boundary" includes all areas physically altered for construction, erosion and sediment controls, and stormwater management, and may include areas for movement or storage of equipment and materials associated with a well site for which an application is submitted under rule 1501:9-2-02 of the Administrative Code or another well site.

(L) "Topsoil" means the upper part of the soil that has the greatest organic matter content, minerals and microorganisms that is the most favorable material for the growth of vegetation.

Last updated May 6, 2024 at 8:26 AM

History

Effective: May 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 3745-42-01

"40 C.F.R." means Title 40 of the Code of Federal Regulations, effective July 1, 2024.

(A)

(1) "Act" means the federal Water Pollution Control Act (commonly referred to as the "Clean Water Act"), 33 U.S.C. sections 1251 to 1387 as amended through November 27, 2023.

(2) "Agronomic benefit," as defined in section 6111.01 of the Revised Code, means any process that promotes or enhances plant growth and includes, but is not limited to, a process that increases soil fertility and moisture retention.

(3) "Applicable laws" means any applicable provisions of Chapter 6111. of the Revised Code and rules promulgated thereunder, the federal water pollution control act (33 U.S.C. sections 1251 to 1381, as amended through November 27, 2023) and 40 C.F.R. Chapter I, subchapters D, N, and O.

(4) "Applicant" means the person applying for the permit to install or plan approval.

(5) "Aquifer system" means one or more geologic units or formations that are wholly or partly saturated with water and are able to store, transmit and yield significant amounts of water to wells or springs.

(6) "ASTM" means the American society for testing and materials. ASTM test methods referenced in this chapter are generally available in public libraries or from "ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959," at 1-877-909-2786, or available in electronic format at www.astm.org.

(7) "ASTM C117-23" means the American society of testing and materials (ASTM) standard test method for materials finer than seventy-five-micrometers (No. 200) sieve in mineral aggregates by washing, as that standard was approved by ASTM in 2023.

(8) "ASTM C136 / C136M-19" means the American society of testing and materials (ASTM) standard test method for sieve analysis of fine and coarse aggregates, as that standard was approved by ASTM in 2019.

(9) "ASTM D4318-17" means the American society of testing and materials (ASTM) standard test methods for liquid limit, plastic limit, and plasticity index of soils, as that standard was approved by ASTM in 2017.

(10) "ASTM D698-12(2021)" means the American society for testing and materials (ASTM) standard test methods for laboratory compaction characteristics of soil using standard effort, as that standard was approved in 2021.

(11) "ASTM D2487-17(2025)" means the American society for testing and materials (ASTM) standard practice for classification of soils for engineering purposes, the "Unified Soil Classification System," as that standard was approved in 2025.

(12) "At-grade system" means an onsite disposal system, where treated sewage is conveyed to a dispersal field that is constructed on or above in situ soil and covered by soil.

(B) [Reserved.]

(C)

(1) "CBOD₅" or "five-day carbonaceous biochemical oxygen demand" has the same meaning as defined in 40 C.F.R. 136 (effective June 25, 2024) where a nitrification inhibitor is added to eliminate nitrogenous demand.

(2) "Class A treated sewage or liquid industrial waste" means treated sewage or liquid industrial waste with effluent limits and monitoring frequencies in accordance with table K-2 of rule 3745-42-13 of the Administrative Code.

(3) "Class B treated sewage or liquid industrial waste" means treated sewage or liquid industrial waste with effluent limits and monitoring frequencies in accordance with table K-3 of rule 3745-42-13 of the Administrative Code.

(4) "Class C treated sewage or liquid industrial waste" means treated sewage or liquid industrial waste with effluent limits and monitoring frequencies in accordance with table K-4 of rule 3745-42-13 of the Administrative Code.

(5) "Coal waste" means residuals and earthen materials, in dry or slurry form that are removed or otherwise separated from the product coal after physical or chemical processing, cleaning or concentrating of coal. Coal waste does not include post-combustion materials that are fly ash, bottom ash, flue gas desulfurization waste or fluidized bed desulfurization wastes, and also does not include materials that are regulated as "solid waste," "infectious waste" or "hazardous waste" as those terms are defined in section 3734.01 of the Revised Code.

(6) "Coal waste facility" means a disposal facility where fine coal waste is dewatered and disposed of in a slurry impoundment or where fine or coarse coal waste is disposed of in a dry placement area. Coal waste facility does not include any facility that is used for the temporary holding or treatment of liquid wastes.

(7) "Coal mining operations" means any coal mining activity that is defined in division (H) of section 1513.01 of the Revised Code.

(8) "Complete," in reference to an application for a permit, means that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the director from requesting or accepting any additional information.

(9) "Controlled discharge" means an NPDES permitted discharge that can occur when certain stream conditions exist or when land application can not occur.

(D)

(1) "Dense glacial till" means tills that impede the movement of treated water away from the site and cause the formation of perched saturated conditions in the soil profile, especially with the addition of wastewater.

(2) "Design Standards: Wastewater Treatment Plants & Collection Systems

(3) "Director" means the director of the Ohio environmental protection agency.

(4) "Discharging land application system" means a land application system that land applies or proposes one of the following:

(a) Regardless of whether a land application contract allows isolation distance requirements to be waived, does not meet the isolation distance requirements in this rule.

(b) On sites where drain tiles are, or will be, less than two vertical feet below final grade.

(d) During precipitation events.

(e) A point source discharge to waters of the state.

(5) "Disposal system" is defined in section 6111.01 of the Revised Code.

(6) "Drinking water source protection area for a public water system using ground water" means the surface and subsurface area surrounding a public water supply well or wells that will provide water to the well or wells within five years as delineated or endorsed by Ohio EPA under the wellhead protection program and the source water assessment and protection program.

(7) "Duly authorized representative" means a person who has authorization in accordance following:

(a) The authorization is made in writing by a person described in paragraph (B) of rule 3745-42-03 of the Administrative Code.

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position).

(8) "Dwelling" has the same meaning as in rule 3701-29-01 of the Administrative Code.

(E) "Emergency management zone" or "EMZ" means the surface and subsurface area in the immediate vicinity of a public water system intake as delineated or endorsed by Ohio EPA under the source water assessment and protection program. Within this area, the public water supply owner or operator has little or no time to respond to potential contamination from a spill, release, or weather related event. The standard emergency management zone boundary consists of a semi-circle that extends five hundred feet upstream of the intake and one hundred feet downstream of the intake, except as modified due to local conditions.

(F) [Reserved.]

(G) [Reserved.]

(H)

(1) "Holding tank" means any device that is not part of a larger disposal system and that is used to accumulate or store sewage or industrial waste that: (a) is not hazardous waste as defined by rule 3745-51-03 of the Administrative Code and (b) is to be hauled for recycling, treatment or disposal. Holding tank does not include such a device in a fixed location that is connected by pipe or hose to a disposal system.

[Comment: For the purposes of rule 3745-42-11 of the Administrative Code, a tank used for flow equalization, septage receiving at a treatment works or sludge holding at a treatment works is not considered a holding tank. These tanks are part of a larger disposal system.]

(2) "Hydraulic balance" means an accounting of the hydraulic inputs and outputs of a land application system.

(3) "H 20 loading" is defined by figure 3.7.6A of the 17th edition of "AASHTO Standard Specifications for Highway Bridges," copyright 2002. Hardcopies of this publication are available from "AASHTO Publications Order Department, P.O. Box 933538, Atlanta, GA 31193-3538," fax 1-734-487-1890; international telephone 1-734-203-0456; digital and hardcopy orders available through https://store.transportation.org.

(I)

(1) "Impoundments" means any clay or synthetically lined earthen structure, or fabricated structures (e.g. concrete or metal tanks), for the treatment or storage of sewage, sewage sludge, biosolids, industrial waste, sludge materials, or other wastes. These impoundments are also commonly referred to as storage ponds or lagoons.

(2) "Industrial waste" is defined in section 6111.01 of the Revised Code.

(3) "Inner management zone" means the surface and subsurface area within a drinking water source protection area for a public water system using ground water surrounding a public water supply well or wells that will provide water to the well or wells within one year as delineated or endorsed by Ohio EPA under the wellhead protection program and the source water assessment and protection program.

(4) "Install" or "installation" means to begin actual construction, erect, locate or affix any disposal system.

(J) [Reserved.]

(K) "Karst" means a terrain with an assemblage of landforms such as sinkholes and caves that are due to weathering of predominantly carbonate bedrock.

(L)

(1) "Lagoon" means any earthen or partially earthen impoundment that is used for the treatment of sewage or liquid industrial waste.

(2) "Land application" means evenly spreading or spraying treated sewage or liquid industrial waste onto the surface of the land for final treatment or agronomic benefit.

(3) "Land application area" means the site or location where treated sewage or liquid industrial waste is applied to the ground surface for treatment or disposal.

(4) "Land application contract" means a deed showing ownership, or a contract or agreement that describes the land where treated sewage or liquid industrial waste will be applied and that allows treated sewage or liquid industrial waste to be land applied.

(5) "Land application management plan" means a management plan governing the operation, maintenance, effluent limits, and monitoring requirements of a land application system.

(6) "Land application system" means a disposal system that uses land application of treated sewage or liquid industrial waste

(7) "Low permeability" means a permeability of less than two tenths of one inch per hour.

(M) "Modify" or "modification" means any physical change to, or change in the method of operation of an existing component of a disposal system to allow it to process water pollutants:

(1) In materially increased quantities.

(2) Of a materially different character.

(3) In materially higher concentrations.

The addition of new connections to a public sewage system is not considered a modification of the sewage system.

(N)

(1) "New source" means any disposal system for which an owner or operator undertakes a continuing program of installation or modification or enters into a binding contractual obligation to undertake and complete, within a reasonable time, a continuing program of installation or modification, after January 1, 1974, and that at the time of installation or modification would have otherwise been subject to the provisions of this chapter.

(2) "Normal ground water table" means the shallowest depth of soil that is saturated with water for an extended or permanent time period.

(3) "NPDES" means national pollutant discharge elimination system.

(O)

(1) "Occupied building" means any building that is regularly occupied by people, is owned by a person other than the owner of the disposal system, and is located on a plat of land separate from the plat of land on which the disposal system is installed or operated.

(2) "Ohio EPA" means the Ohio environmental protection agency or its director.

(3) "Operator" means the person in responsible charge of operating and maintaining the disposal system in compliance with the NPDES permit or land application management plan. The operator may or may not be the owner of the disposal system.

(4) "Other wastes" is defined in section 6111.01 of the Revised Code.

(P)

(1) "Person" is defined in section 6111.01 of the Revised Code.

(2) "Professional soil scientist" means an individual with a baccalaureate degree with a major in agronomy, soils, geology, or a closely allied field, or who is approved by Ohio department of health in accordance with paragraph (A) of rule 3701-29-07 of the Administrative Code. This professional will be able to apply principles of pedology to soil classification, investigation, education, and consultation and evaluate the effect of measured, observed and inferred soil properties for siting of sewage treatment systems, disposal systems, and land application systems.

(3) "Public water system" or "PWS" is defined in rule 3745-81-01 of the Administrative Code.

(4) "Publicly owned sanitary sewers" means any centralized sewerage system other than those that are owned by a private or semi-public entity.

(5) "Publicly owned treatment works" or "POTW" is defined in rule 3745-3-01 of the Administrative Code.

(Q) [Reserved.]

(R)

(1) "Recommended Standards for Wastewater Facilities (2014), Great Lakes-Upper Mississippi River Board (GLUMRB) of State and Provincial Public Health and Environmental Managers." This document can be viewed and downloaded online at https://www.health.state.mn.us/communities/environment/water/tenstates/standards.html.

(2) "Restricted access site" means a site on which treated sewage or liquid industrial waste may be placed with a limited probability that the public will come into contact with the treated sewage or liquid industrial waste. Such sites include, but are not limited to, agricultural crop fields (i.e., nonhuman food crops), and fenced-off meadows, pastures, woodlands, landscaping areas and other private property.

(3) "Reuse of Reclaimed Wastewater Through Irrigation for Ohio Communities, Bulletin 860 (1997), The Ohio State University. This document can be purchased online at http://setll.osu.edu/node/12/wastewater-treatment."

(S)

(1) "Sewage" is defined in section 6111.01 of the Revised Code.

(2) "Sewerage system" is defined in section 6111.01 of the Revised Code.

(3) "Significant zone of saturation" means a zone of saturation that may act as a preferential pathway of migration away from the limits of storage or application of treated sewage or liquid industrial waste.

(4) "Soil absorption system" means the final treatment component of an on site sewage or liquid industrial waste treatment system that utilizes absorption and adsorption to treat and disperse the treated sewage or liquid industrial waste into subsurface soils. For the purposes of this definition, liquid industrial waste possesses characteristics similar to those of sewage.

(5) "Soil and Site Evaluation for Onsite Wastewater Treatment, Bulletin 905 (2015), The Ohio State University. This document can be purchased online at http://setll.osu.edu/node/12/wastewater-treatment."

(6) "Source water assessment and protection program" means Ohio EPA's program based on the Safe Drinking Water Act, 42 U.S.C. 300 (f), as amended in 1996, and approved by U.S. EPA, December, 2016.

(7) "Storage facility" means the part of a treatment works, such as a tank, an earthen or man-made impoundment, that is used solely for the storage of treated sewage or liquid industrial waste.

(8) "Surface waters of the state" is defined in rule 3745-1-02 of the Administrative Code.

(T)

(1) "Technical Guidance Manual for Hydrogeologic Investigations and Ground Water Monitoring (2020), Ohio EPA." This document can be found on the Ohio EPA web site at epa.ohio.gov/divisions-and-offices/environmental-response-revitalization/guides-and-manuals/derr-ground-water-and-geology-support.

(2) "Total inorganic nitrogen" means the sum of nitrite-nitrogen, nitrate-nitrogen and ammonia-nitrogen.

(3) "Treated sewage" means sewage treated by a treatment works.

(4) "Treatment works" is defined in section 6111.01 of the Revised Code.

(U)

(1) "UIC class V injection well" means underground injection control (UIC) class V injection well as classified in paragraph (E) of rule 3745-34-04 of the Administrative Code.

(2) "Unrestricted access site" means a site on which treated sewage or liquid industrial waste may be placed with a high potential for the public to come into contact with the treated sewage or liquid industrial waste. Such sites include, but are not limited to, golf courses, parks, lawns and playing fields.

(3) "U.S. EPA" means United States environmental protection agency.

(V) [Reserved.]

(W)

(1) "Water pollutant" means any sewage, industrial waste or other waste, as defined elsewhere in this chapter and by section 6111.01 of the Revised Code.

(2) "Waters of the state" is defined in section 6111.01 of the Revised Code.

(3) "Wellhead protection program" means Ohio EPA's program based on the Safe Drinking Water Act, 42 U.S.C. 300 (f), as amended in 1986, and approved by U. S. EPA, November 1992.

[Comment: The Code of Federal Regulations and federal statutes listed in this rule can generally be found in public libraries, and can be viewed electronically online at https://www.govinfo.gov and purchased by writing to: "Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954."]

Last updated November 13, 2025 at 11:19 AM

History

Effective: November 13, 2025
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-2-02

This rule applies to a well site for the drilling of one or more horizontal wells and associated production operations. The well site will be designed and constructed in a manner that supports the safe drilling and production operations of one or more horizontal wells, and in a manner that protects public health and safety and minimizes damage to natural resources, including conservation of topsoil where present, by managing stormwater, protecting surface water, and minimizing soil erosion. Compliance with this rule does not eliminate the requirement that a person comply with any applicable state or federal law. Standards referenced in this rule may be found under rule 1501:9-12-01 of the Administrative Code.

(A) Permit receipt and approval.

(1) No person may begin construction of a well site until receipt of a horizontal well site construction permit issued by the chief.

(2) No person may alter a well site, in a manner that will result in a material modification of the well site without prior approval from the chief.

(B) Application. An application for a permit to construct a well site may only be submitted to the chief on a form prescribed by the chief. The application may be submitted at any time regardless of whether the applicant has applied for or received a permit under section 1509.06 of the Revised Code and will contain all of the following:

(1) The name and address of the applicant, and if a business entity or association, the name and address of the statutory agent;

(2) The signature of the applicant. When an authorized agent of the applicant signs an application, the application will be accompanied by a certified copy of the appointment of such agent;

(3) The county, township, and section or lot number where the well site will be located, and a name for the proposed well pad;

(4) Emergency contact information of the applicant, including the 911 address of the proposed well site;

(5) Coordinates of the intersection of the centerline of the access road at the public right-of-way using latitude and longitude, in a format of decimal degrees, to a minimum of six significant figures; and

(6) Well site plans submitted in accordance with paragraph (C) of this rule.

(C) Well site plans. The chief may waive any item identified to be submitted under paragraphs (C)(2) to (C)(6) of this rule upon written request by the applicant. The request shall be signed by the applicant and the professional engineer who prepared the well site plans and include a detailed explanation of the basis for the request and of the potential impacts to the proposed well site and the surrounding area. The request for a waiver will be submitted with the application.

(1) All of the following apply to a well site plan:

(a) The plans for a proposed well site will be developed, signed, and sealed by a professional engineer;

(b) The plans will be prepared using commonly accepted drafting standards and be clear, legible, and drawn to a scale that sufficiently shows all information necessary for compliance with this rule;

(d) All elements contained in the plans under paragraph (C) of this rule will be located horizontally in relation to the North American datum of 1983 and will be located vertically in relation to the North American vertical datum 1988; and

(e) The plans will include the detailed drawings, plans, and reports identified under paragraphs (C)(2) to (C)(6) of this rule.

(2) Detailed drawings. The detailed drawings will include all of the following:

(a) A title page that contains the name of the applicant; emergency contact information; the name of the proposed well pad; the county, township, and section or lot number where the proposed well site will be located; coordinates of the entrance intersection of the centerline of the access road at the public right-of-way using latitude and longitude, in a format of decimal degrees, to a minimum of six significant figures; and a sheet index;

(b) A plan sheet consisting of a color orthorectified aerial image with pixels that represent no larger than one foot showing the location of the proposed well site;

(c) A plan sheet signed and sealed by a professional surveyor showing the location of the proposed well site boundary, including state plane coordinates or latitude and longitude at all deflection points in order to be able to replicate the well site boundary exactly. The plan sheet will include the control points used to generate the map;

(d) A general layout, plan views, elevations, sections, and supplementary views that in conjunction with the specifications provide the working information related to all aspects of the proposed construction;

(e) The scale in feet, legend, graphical scale, and north arrow;

(f) The proposed and existing contours with an intermediate contour interval not greater than two feet and an index not greater that ten feet;

(g) Unless already described in the reports and plans set forth under paragraph (C) of this rule, the applicant is to disclose the design considerations that were used to address paragraphs (C)(2)(g)(i) to (C)(2)(g)(xvi) of this rule and identify and locate all of the following items in the detailed drawings:

(i) The classified soil types for the area within one hundred feet of and within the proposed well site boundary. The classification will be consistent with the United States department of agriculture soil series;

(ii) Plugged wells, producing wells, and idle and orphaned wells, which may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources that are located within one hundred feet of and within the proposed well site boundary;

(iii) Structural and geotechnical components that are to be located within the proposed well site boundary, including those identified in the geotechnical report;

(iv) Geotechnical borings and other geotechnical investigative means, which are located within the proposed well site boundary, as identified in the geotechnical report;

(v) Boundaries of parcels of land, existing occupied and unoccupied structures, and existing utilities known to the applicant at the time of the design process that are located within one hundred feet of and within the proposed well site boundary;

(vi) All springs, wetlands, streams, lakes, rivers, ponds, creeks, and water wells, which may be identified using reasonably available public resources and a field review, within one hundred feet of and within the proposed well site boundary;

(vii) Surface and underground mines, which may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources, that the professional engineer determines may affect design and performance of the well site;

(viii) Any areas the applicant seeks to protect during construction of the proposed well site;

(ix) All flood hazard areas delineated on the "National Flood Insurance Rate Map" within one hundred feet of and within the proposed well site boundary;

(x) All locations where materials that result from the construction, operation, or plugging of a horizontal well are planned to be used at the well site pursuant to section 1509.074 of the Revised Code and rules adopted under it;

(xi) Roads within the proposed well site boundary, including emergency access routes, signage to safely manage traffic flow on the site, the entrance to the well site, and any pull-off areas that may be used to manage excess traffic;

(xii) Pipes, ditches, and other conveyances, and hydraulic control structures located within the well site boundary, as identified in the stormwater hydraulic report and in the sediment and erosion control plan;

(xiii) All areas within one hundred feet of and within the proposed well site boundary that are located within the five-year time of travel associated with a public drinking water supply, as delineated or endorsed under the "Source Water Assessment and Protection Program";

(xiv) All areas within one hundred feet of and within the proposed well site boundary that are located within the emergency management zone of a public water system intake;

(xv) General location and construction details of the proposed well cellars, that may be installed during construction or after certification; and

(xvi) Any other factors that the professional engineer determines may affect design and performance of the well site.

(h) Emergency release conveyance map. The emergency release conveyance map must be included in the detail drawings on a separate sheet.

(3) Sediment and erosion control plan. The sediment and erosion control plan for the proposed well site will describe procedures to minimize the discharge of construction related sediment to any area outside of the proposed well site boundary and specifically comply with and include all of the following:

(a) Sediment and erosion controls suitable for the well site conditions and that are consistent with generally accepted engineering design criteria and the controls comply with the manufacturer's specifications;

(b) A sediment basin or sediment trap if the proposed well site is within or includes a total contributing drainage area that is greater than five acres in size. The minimum capacity of the sediment basin or sediment trap will be one hundred seventeen cubic yards and designed in accordance with the "Rainwater and Land Development: Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection." However, diversionary techniques to decrease drainage area size or sediment controls specifically designed for the equivalent capture efficiency may be used in lieu of the sediment basin or sediment trap;

(c) An identification of each location of each outlet of a confined discreet conveyance that may leave the proposed well site;

(d) A delineation of contributing drainage area boundaries and size, measured in acres, that will be used to design the proposed sediment and erosion controls;

(e) A description of the soil stabilization measures, including vegetation, mulch, and other means of controlling erosion, that will be used at the proposed well site. In addition, the description will include a schedule of the implementation of the soil stabilization measures; and

(f) The applicant may submit a schedule that identifies alternate options for implementation of the erosion and sediment controls and measures. The schedule will identify when and under what criteria the alternate controls would be implemented.

(4) Dust control plan.

(5) Geotechnical report.

(a) When developing the geotechnical report, the factor of safety for bearing capacity is to be three or more.

(b) When developing the geotechnical report, the factor of safety for slope stability is to be 1.5 or more.

(6) Stormwater hydraulic report.

(a) All stormwater and hydraulic control structures will be designed to and be capable of managing a ten-year storm event.

(b) The stormwater conveyance system will be designed to include sufficient stormwater storage capacity on the proposed well site to facilitate screening for potential contamination of the stormwater prior to discharge.

(7) All GIS shape files (.shp, .dbf, .shx, .prj) necessary to show the well site boundary, access road alignment, and well pad location.

(D) Completeness review. Not later than ten business days after receipt of an application for approval to construct a well site, the chief will review the application to determine if the application is complete and notify the applicant in writing or by other means approved by the chief. If the chief determines that the application is not complete, the chief will notify the applicant and identify the missing application components. The applicant may correct the application and submit the missing application components within five business days of receipt of the notification or the application will be returned to the applicant and processing of the application will be terminated. Not later than five business days after receipt of all of the missing application components, the chief will review the application for completeness and notify the applicant of the chief's determination.

(E) Site review. A site review for the proposed well site, which is set forth in division (H) of section 1509.06 of the Revised Code, will occur no later than fifteen business days after the applicant's receipt of notification that the application is complete under paragraph (D) of this rule, unless otherwise mutually agreed on by the applicant and the chief.

(1) Prior to the site review and for the site review meeting, the applicant will install stakes at the proposed well site in a quantity and in a manner that delineates the proposed well site. The installation of the stakes will show the proposed well site boundary, the corners of the proposed well pad, proposed roads, items and areas that are identified in the application that will remain undisturbed, and all other items that allow an understanding of the planned construction of the proposed well site.

(2) The chief, the applicant's designee, and the professional engineer who is responsible for the plans prepared under paragraph (C) of this rule or another person under the professional engineer's direct supervisory control will meet at the proposed well site for a site review meeting. At the site review meeting, the chief may conduct a physical review of the proposed well site, discuss the application, identify items that are necessary to ensure compliance with this rule, identify site-specific terms and conditions that may be attached to a permit that approves an application to construct a well site, and identify site-specific terms and conditions that may be attached to a permit to drill a horizontal well.

(F) Review procedures.

(1) Not later than thirty days after the site review meeting conducted under paragraph (E) of this rule, the chief will review the application to determine if the application to construct the proposed well site is in accordance with this rule.

(2) If the chief identifies items that are necessary to ensure the well site design and application complies with this rule, the chief will notify the applicant of the items and the applicant may submit a revised application or portions of a revised application with an identification of all revisions. The chief may require the resubmission of the entire application. The chief will review the revisions or resubmitted application within fifteen business days of receipt. If after sixty business days from the date the chief notified the applicant of the items and the applicant has not submitted the revised application or portions of the revised application, the chief will return the application to the applicant and the application will be terminated by the division. The chief may approve a longer period of time for submission of the revised application or portions of the revised application, upon written request by the applicant.

(3) After completing the review of the application, the chief will either issue a permit to construct a well site or issue an order denying the application. If the chief issues a permit to construct a well site, the chief may include terms and conditions.

(4) At any time, the chief may require the applicant or person to submit additional information pertaining to the design or construction of the proposed well site that the chief determines is necessary for the protection of public health or safety or to prevent substantial damage to natural resources or is necessary to ensure compliance with this rule.

(G) Construction and operation.

(1) A person who has received a permit approving an application from the chief to construct a well site may initiate construction of the proposed well site. The proposed well site will be constructed in conformance with the approved application and in accordance with Chapter 1509. of the Revised Code and rules adopted under it. The person will inform the chief in writing at least forty-eight hours prior to commencement of construction unless another time period is agreed to by the chief.

(2) Beginning with the commencement of construction, a person who has received a permit from the chief approving an application to construct a well site is to do all of the following;

(a) Ensure as-built construction drawings to the approved application for which a permit was issued by the chief are current and available at the well site;

(b) Maintain a sign that is legible from the public right-of-way that includes the well pad name, a twenty-four-hour emergency contact number, county, township, section or lot number, and the 911 address of the well site;

(d) Maintain safe traffic flow near the entrance to the well site;

(e) Maintain sediment and erosion controls and/or soil stabilization measures so that they perform as designed in the approved application;

(f) Ensure that the pipes, ditches, and other conveyances of surface water and hydraulic control structures perform as designed in the approved application;

(g) Ensure that the dust controls perform as designed in the approved application; and

(h) Maintain well site stability as designed in the approved application.

(H) Modification of application.

(1) All modifications to the approved application are to be documented within one working day on a modification summary form prescribed by the chief. The form will be submitted electronically, be updated daily if a modification is performed and be current and available for review at the well site.

(2) All material modifications to a well site or to an approved application are to be approved by the chief prior to implementation. All proposed material modifications will be submitted to the chief in writing, or other means approved by the chief, and include all of the following:

(a) A detailed description of the proposed material modification and the potential impact to the performance of the well site;

(b) A specific identification of every portion of the application, as applicable, that is proposed to be modified; and

(3) After receipt of a material modification submittal, the chief will review the material modification. Within five business days of receipt of the material modification submittal, the chief will either approve the proposed material modification or identify any items that are necessary to ensure compliance with this rule. If the chief identifies items that are necessary to ensure compliance with this rule, the person will submit a revised material modification that includes the identified items for approval. The chief will review the revisions within five business days of receipt. The chief may require a site review prior to determining whether to approve the proposed material modification or identifying items necessary to ensure compliance with this rule. If the chief requires a site review, the five business days period established under this paragraph will be suspended until completion of the site review. The site review will occur no later than five business days after the chief's request for a site review, unless mutually agreed on by the applicant and the chief.

(4) The chief may require the person to submit a certification in accordance with paragraph (I)(1) of this rule upon completion of a material modification.

(5) Nothing in paragraph (H) of this rule precludes a person from taking emergency actions necessary to prevent harm to human health or safety or to prevent harm to the environment. If the actions will result in a material modification, the person will submit a summary of the activities within twenty-four hours of the actions. In addition, the person will submit modification documents for the emergency actions taken in accordance with paragraph (H) of this rule within three business days of the event that posed a threat to human health or safety or to the environment, or within another time frame as agreed to by the chief.

(6) Alternate options contained in the approved application that are or are not implemented will not be considered material modifications, but will be documented in the same manner as a modification in paragraph (H)(1) of this rule.

(7) The chief may waive all or part of the submission established in paragraph (H) of this rule.

(I) Horizontal well site reclamation modification. This applies to a well site for which construction commenced on a well pad with the intention to drill one or more horizontal wells and associated production operations. The well site reclamation will be designed and constructed in a manner that protects public health and safety and minimizes damage to natural resources.

(1) In order to proceed with a horizontal well site reclamation modification, a person is to do all of the following:

(a) Develop and submit to the division well site reclamation construction documents per applicable sections of paragraphs (C) and (H) of this rule. When submitting documents per paragraph (C) of this rule, the chief may approve a minimum factor of safety for slope stability not less than 1.3.

(b) After receipt of a reclamation modification submittal, the chief will review the reclamation modification. Within fifteen business days of receipt of the reclamation modification submittal, the chief will either accept the proposed reclamation modification or identify any items that are necessary to ensure compliance with this rule. If the chief identifies items that are necessary to ensure compliance with this rule, the person will submit a revised reclamation modification that includes the identified items for approval. The chief will review the revisions within fifteen business days of receipt. The chief may require a site review prior to determining whether to approve the proposed reclamation modification or identifying items necessary to ensure compliance with this rule. If the chief requires a site review, the fifteen business days period established under this paragraph will be suspended until completion of the site review. The site review will occur no later than five business days after the chief's request for a site review, unless mutually agreed on by the applicant and the chief.

(2) Reclamation certification

(a) After the completion of any well site reclamation construction, the person who received the reclamation modification approval will submit to the chief a signed and sealed certification from the professional engineer who has personal professional knowledge of the construction of the well site reclamation. The certification will be on a form prescribed by the chief and specifically state: "The documents were designed in accordance with all applicable statutes and rules adopted under them and the well site reclamation was constructed in reasonably close conformity with the approved reclamation modification submittal, including all modifications." In addition, the reclamation certification submittal will include the record drawings, the modification summary form described in paragraph (H)(1) of this rule and if applicable, the landowner waiver on a form prescribed by the chief pursuant to division (B) of section 1509.072 of the Revised Code. A reclamation construction certification is due to the division in accordance with the following as applicable:

(i) Within the timeframes set forth in division (B) of section 1509.072 of the Revised Code for final reclamation after all wells on a well site have been plugged.

(ii) Within the timeframes set forth in paragraph (J)(7)(b) of this rule for final reclamation on well sites with expired certification.

(iii) Within the timeframes set forth in paragraph (J)(2) of this rule for final reclamation on well sites with expired horizontal well site construction permit.

(iv) For partial well site reclamation, prior to submission of a material modification to remove the reclaimed area from the well site boundary.

(3) A reclamation construction certification will be maintained for a period of two years from the date of submission of the complete reclamation certification.

(a) At any time prior to final release the chief may require the person to obtain the services of a professional engineer to evaluate the reclaimed well site and to develop a design to remediate the conditions where the reclaimed well site does not perform or is not likely to perform as designed; fails to protect public health and safety; or is likely to fail to prevent substantial damage to natural resources. If the chief requires the evaluation of a professional engineer, the chief may extend the certification period established in paragraph (I)(3) of this rule up to an additional two years.

(b) After the period of two years, the division will perform a final inspection to verify site performance and compliance with the approved reclamation modification.

(c) Final release may be obtained sooner with a landowner release on a form prescribed by the chief and approval by the chief.

(d) Upon written request of the applicant, the chief may reduce the time period established in paragraph (I)(3) of this rule if:

(i) The site is graded and terraced;

(ii) Vegetation is planted, seeded, sodded;

(iii) Vegetation is established; and

(iv) The site will not result in substantial erosion and sedimentation.

(J) Certification.

(1) Not later than three years after the effective date of the permit approving an application for construction of a well site and prior to the mobilization of any drilling equipment to the well site, the person who received the permit will submit to the chief a signed and sealed certification from the professional engineer who has personal professional knowledge of the construction of the well site. The certification will be on a form prescribed by the chief and specifically state: "The application documents were designed in accordance with all applicable statutes and rules adopted under them and the well site was constructed in reasonably close conformity with the approved application, including all modifications." In addition, the certification submittal will include the record drawings and the modification summary form described in paragraph (H)(1) of this rule. Mobilization of any equipment associated with drilling or well stimulation to the well site may commence beginning two business days after receipt of the complete certification submittal or upon notice from the chief.

(2) If after three years, construction is started but the site has not been certified, the well site will be reclaimed within nine months.

(3) Pending receipt of the record drawings in accordance with paragraph (J)(1) of this rule and upon written request of the person, the chief may authorize limited and conditional use of the well site if all the following have been received by the chief:

(a) The certification form as described under paragraph (J)(1) of this rule;

(b) As-built construction drawings documenting all modifications and material modifications to the approved drawings for which a permit approving an application to construct a well site was issued by the chief; and

(c) The modification summary form prescribed in paragraph (H)(1) of this rule that is signed by the professional engineer.

(4) If the chief determines that the certification submitted under paragraph (J)(1) of this rule is incomplete or does not accurately document the constructed well site, the chief may issue an order ceasing operations on the well site. The chief will rescind the cessation order upon the submission of a new certification and updated record drawings.

(5) At any time before final reclamation, the chief may require the person to obtain the services of a professional engineer to evaluate the well site and to develop a design to remediate the conditions that under paragraph (J)(4) of this rule are the basis for a chief's order ceasing operations on the well site. The design to remediate the causes and conditions will comply with paragraphs (H)(2) to (H)(7) of this rule. The chief will rescind the cessation order upon implementation of the remedial design and the submission of a new certification and updated record drawings. The chief may issue an order ceasing operations on the well site if any of the following apply:

(a) The constructed well site does not perform or is not likely to perform as designed;

(b) The constructed well site does not perform or is not likely to perform in a manner that supports the safe drilling and production operations of one or more horizontal wells;

(d) The constructed well site fails or is likely to fail to prevent substantial damage to natural resources.

(6) If an order ceasing operations has been issued under paragraph (J)(4) or (J)(5) of this rule and the person fails to provide a certification of the well site, the person will reclaim the well site under paragraph (J)(7)(b) of this rule.

(7) If within two years of the chief's receipt of the original certification, a horizontal well has not been spudded, a horizontal well has been spudded but not completed, or drilling is not progressing with due diligence, the person will do either of the following:

(a) Certify the well site in accordance with either of the following:

(i) If after two certifications a horizontal well has not been spudded, a horizontal well has been spudded but not completed, or dilling is not progressing with due diligence, the person will reclaim the well site under paragraph (J)(7)(b) of this rule; or

(ii) A person may request a third certification if the person has obtained a valid drilling permit for a horizontal well to be located on the well site and the person submits a written justification demonstrating a viable plan to utilize the well site. The chief may accept or reject the certification request.

(b) Reclaim the well site to its original land use and approximate pre-construction conditions within nine months of the certification being terminated unless either of the following apply:

(i) The chief, upon written application submitted by the person, approves an extension of the time; or

(ii) The chief, upon written request for a waiver submitted by the person, releases the person from responsibility to perform any or all restoration requirements. The request will contain the signature of the surface owner approving the release sought. The chief will approve the request unless the chief finds upon inspection of the well site that the request would likely result in substantial damage to adjoining property, substantial contamination of surface or underground water, substantial erosion or sedimentation, or otherwise threatens public health and safety or substantial damage to natural resources.

(K) Well site transfer.

(1) Except as set forth in paragraph (K)(3) of this rule, if ownership of a well site is transferred, all of the following apply:

(a) The transferor will notify the chief on a form prescribed and provided by the chief.

(b) The transferee will be responsible for future certification(s) in accordance with this rule.

(2) Upon transfer of a well site, the transferee is responsible for operation and maintenance of the well site in accordance with Chapter 1509. of the Revised Code and rules adopted under it.

(3) This provision does not apply to the transfer of a constructed well site to the surface owner in accordance with paragraph (J)(7)(b)(ii) of this rule.

(4) A permit issued pursuant to these rules and regulations is not transferable.

Last updated June 25, 2025 at 7:40 PM

History

Effective: May 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-12-01

This rule lists the industry standards that are referenced in division 1501:9 of the Administrative Code. Such standards shall be incorporated by reference into and considered part of the requirements of these rules to the prescribed extent of each such reference.

The industry standards are listed herein by the organization setting the standard, the standard identification number and title, the date, and, if available, the edition of the publication.

(A) American petroleum institute (API) standards. The website for API is http://www.api.org/. The address for API is "200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571." The following API standards are referenced in these rules:

(1) "5 CT for Casing and Tubing," eleventh edition, dated December 2023;

(2) "TR 5C3 Calculating Performance Properties of Pipe Used as Casing or Tubing," seventh edition, dated June 2018;

(3) "10 A Cements and Materials for Well Cementing," twenty-fifth edition, dated March 2019;

(4) "RP 10 B-2 Recommended Practice for Testing Well Cements," eighth edition, dated July 2024;

(5) "10 D Specification for Bow-Spring Casing Centralizers," seventh edition, dated April 2021;

(6) "10 TR 4 Technical Report on Considerations Regarding Selection of Centralizers for Primary Cementing Operations," first edition, dated May 2008;

(7) "65-2 Isolating Potential Flow Zones during Well Construction," second edition, dated December 2010.

(B) ASTM standards. The website for ASTM international is http://www.astm.org/. The address for ASTM international world headquarters is "100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959." The following ASTM standards are referenced in these rules:

(1) "A500/A 500 M Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes," dated 2023;

(2) "C 150/C 150 M Standard Specification for Portland Cement," dated 2024.

(3) "C33 / C33M-24 Standard Specification for Concrete Aggregates," dated 2024.

(4) "ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," dated November 2021.

(5) "ASTM F2164-13 Standard Practice for Field Leak Testing of Polyethylene (PE) and Crosslinked Polyethylene (PEX) Pressure Piping Systems Using Hydrostatic Pressure," dated August 2021.

(C) ASME standards. ASME's website is https://www.asme.org. The address for ASME's headquarters is "ASME Two Park Avenue New York, NY 10016-5990." The following ASME standard is referenced in these rules:

"B31.4 - Pipeline Transportation Systems for Liquids and Slurries," dated 2022.

(D) National geodetic survey (NGS) datum. The website for national geodetic survey is http://www.ngs.noaa.gov/. The address for the national geodetic survey is "SSMC3, 1305 East-West Hwy, Silver Spring, MD 20910." The following NGS datum are referenced in this chapter:

(1) "North American Datum of 1983."

(2) "North American Vertical Datum 1988."

(3) "North American Datum of 1927."

(E) United States department of agriculture soil series. The website for USDA soil survey is http://websoilsurvey.nrcs.usda.gov/app/. The address for USDA headquarters is "U.S. Department of Agriculture, 1400 Independence Ave., S.W., Washington, DC 20250." The following Ohio soil classifications referenced in this chapter can be found at: https://archive.org/details/usda-ohio.

(F) "Rainwater and Land Development: Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection." The updated manual may be obtained in its entirety at //https://epa.ohio.gov/divisions-and-offices/surface-water/guides-manuals/rainwater-and-land-development.

(G) National flood insurance rate map. The website for the FEMA flood insurance rate map is https://msc.fema.gov/. The address for the FEMA map service center is "P.O. Box 1038 Jessup, Maryland 20794-1038."

(H) American national standards institute (ANSI) standards. The website for American national standards institute is http://ansi.org/. The address for ANSI headquarters is "1899 L street, NW, 11th floor, Washington, DC, 20036." The following ANSI standards are referenced in this chapter: "ANSI/ASME Y14.1." dated 2020.

(I) Source water assessment and protection program. The Ohio environmental protection agency's source water assessment and protection program is available at: https://epa.ohio.gov/divisions-and-offices/drinking-and-ground-waters/ddgw-programs. The address for the Ohio environmental protection agency is 50 West town street, suite 700, Columbus, OH 43215.

(J) U.S. environmental protection agency (U.S. EPA) guidance documents and hazardous waste test methods. The address for U.S. EPA headquarters is "1200 Pennsylvania Avenue NW, Washington, DC 20004." The following U.S. EPA guidance documents and test methods are referenced in this chapter:

(1) "SW-846 Test Method 9095B: Paint Filter Liquids Test," available at https://www.epa.gov/hw-sw846/sw-846-test-method-9095b-paint-filter-liquids-test;

(2) ""RCRA Ground Water Tecnical Enforcement Guidance Document OSWER-9950.1," available at https://www.epa.gov/sites/default/files/documents/rcragwguiddoc-rpt_0.pdf.

(K) International association of geosynthetic installers (IAGI) standards. The website for the IAGI is https://www.iagi.org/. The IAGI address is "8357 N. Rampart Range Road, Unit 106. PMB# 154. Roxborough, Colorado 80125."

Last updated March 2, 2026 at 11:46 AM

History

Effective: March 1, 2026
Promulgated Under: 119.03

Chapter 1501:9-3 Saltwater Operation

Ohio Adm.Code 1501:9-3-01 Definitions.

As used in Chapter 1501:9-3 of the Administrative Code:

(A) "Amendment" means a written authorization of the chief to revise an operating surface facility including any of the following:

(1) Any substantial alteration to the design or operation of the surface facility;

(2) Alteration to the design or operation of the surface facility that impacts the ability of the surface facility to safely operate, protect public health and safety, or minimize damage to natural resources; or

(3) Any alteration that results in an adjustment of the containment volume.

(B) "Applicant" means a person that submits an application for a permit to drill a class II disposal well, submits an application to convert a well to a class II disposal well, or submits an application for a permit authorizing injection into a class II disposal well.

(C) "Annular disposal" means the method approved by the division by which brine is disposed of in any annular space of a producing well.

(D) "Annular fluid" means a mixture of freshwater and corrosion inhibitor liquid placed in an annular space. "Annular fluid" does not include brine.

(E) "Area of review" means an area, established in rule 1501:9-3-05 of the Administrative Code, surrounding an existing or proposed class II disposal well that is analyzed by the division in a process that consists of reviewing artificial penetrations of the injection zone, geological conditions, and potential migration pathways.

(F) "Barrel" means a quantity of liquid equal to forty-two U.S. gallons.

(G) "Brine" has the same meaning as in section 1509.01 of the Revised Code.

(H) "Chief" means the chief of the division of oil and gas resources management, or the chief's designee.

(I) "Class II disposal well" means a well permitted under section 1509.06 or 1509.22 of the Revised Code to inject brine and other waste substances as a means of disposal.

(J) "Class II disposal well owner" means the person who owns a class II disposal well.

(K) "Confining zone" means a geologic formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone.

(L) "Construction" means any alteration of the earth, including soil, sediment, rock, sand, gravel, and organic material; or the assemblage or initiation of assemblage of any infrastructure, building, structure, fixtures, or portions thereof for the purpose of creating a class II disposal well or a class II disposal well and surface facility. "Construction" does not include the short-term storage of equipment or materials; activities to protect sensitive areas or habitats; seasonal tree and vegetative cutting; or any activity that does not exceed one acre of earth disturbance conducted for the preparation of a class II disposal well or a class II disposal well and surface facility.

(M) "Containment" means primary containment, secondary containment, or both.

(N) "Corrective action" means a proposed action to plug or modify an existing well that is located within the area of review of a proposed or existing class II disposal well for which an application has been submitted.

(O) "Decommissioning plan" means a plan that contains all of the following:

(1) A schedule to decommission a class II disposal well and surface facility;

(2) A description of the closure and remediation of the site associated class II disposal well and surface facility; and

(3) A description of the removal and proposed final disposition of all brine and other waste substances from class II disposal well and surface facility.

(P) "Division" means the division of oil and gas resources management, Ohio department of natural resources.

(Q) "Filtration" means a process to filter brine and other waste substances using filter socks, cartridges, centrifuges, settling or other similar processes.

(R) "Geological investigation" means an investigation that may include, but is not limited to:

(1) Seismic survey(s), including a processed seismic profile with a report detailing interpretations; a map or maps illustrating line location, relevant map data, and geographical divisions; and any other applicable information or materials that illustrate the investigation of potential faulting in the immediate vicinity of the proposed injection well;

(2) Geological descriptions of the injection zone, confining zone, and USDWs including regional depositional environment, regional structure regime, tectonic history and other applicable information;

(3) Descriptions and interpretations of available core data of injection zone and confining zones, including a description of zone(s), geomechanics of zone(s), indication of faulting or fracturing and other applicable information;

(4) Interpretation of available geophysical logs of the injection zone and confining zone including the general description of each log and the formation characteristics measured by each log and an analysis of the zones suitability for injection and confinement; and

(5) Maps and diagrams with accompanying discussions including cross sections, fence diagrams, structure maps and isopach maps.

(S) "Manifest" means a shipping document that describes the brine or other waste substances when it is transported by any means other than a pipeline and contains a description of the brine or other waste substances, the name of the person that generated the brine or other waste substances, the volume of brine or other waste substances, and the destination of the brine or other waste substances.

(T) "Material modification" means any of the following that occurs during construction;

(1) Any substantial alteration to the design or construction of a surface facility;

(2) Alteration to the design or construction of the surface facility that impacts the ability of the surface facility to safely operate, protect public health and safety, or minimize damage to natural resources; or

(3) Any alteration that results in an adjustment of the of the containment volume.

(U) "Mechanical integrity" means a class II disposal well that satisfies both of the following:

(1) The well has no significant leak in the casing, tubing, or packer; and

(2) There is no significant movement of brine or other waste substances from the well into an underground source of drinking water through vertical channels adjacent to injection well bore.

(V) "Mechanical integrity test part 1" means a test to ensure a well has no significant leak in the casing, tubing, or packer by pressurizing the annular fluid in the annular space between the tubing and the casing immediately on the outside of the tubing to an amount equal to one hundred and ten per cent of the maximum allowable injection pressure as determined in rule 1501:9-3-07 of the Administrative Code or to a pressure of three hundred pounds per square inch (psi), whichever is greater, for a duration of fifteen minutes with no more than five per cent decline in pressure unless otherwise approved by the chief.

(W) "Mechanical integrity test part 2" means a test to ensure there is no significant movement of brine or other waste substances from the well into an underground source of drinking water through vertical channels adjacent to injection well bore using one or more of the following methods:

(1) Cement evaluation logs;

(2) Tracer surveys;

(3) Noise logs;

(4) Temperature surveys;

(5) Casing inspection log;

(6) Caliper log; or

(7) Any other logs or tests considered effective by the chief.

(X) "Notice of application" means a notification provided by the division that an application for a permit for a class II disposal well or a class II disposal well and surface facility has been submitted to the division, which includes all of the following information as applicable:

(1) The name and address of the applicant;

(2) The township, county, and address or coordinates of the class II disposal well or class II disposal well and surface facility;

(3) The phone number, website address, and mailing address of the division;

(4) The name, title, email, and telephone number of the applicant's contact;

(5) A statement that the application may be obtained by visiting the website of the division, contacting the applicant or contacting the division;

(6) The proposed estimated depth of the class II disposal well and the proposed injection zone;

(7) A statement to all persons required to be notified pursuant to this chapter that the division will consider all written comments received by the division within thirty calendar days of the posting of the public notice on the division's website;

(8) A statement to an owner of real property, who receives the notice of application pursuant to this chapter, that within five business days of receipt of the notice of application, the owner of real property is obligated to provide notice of application to each residence in an occupied dwelling that is located on the owner's parcel of real property; and

(9) A statement of the applicant's responsibility to test water wells within the notification radius prior to commencement of permitted activities pursuant to this chapter.

(Y) "Oil and gas waste facility" means all buildings, structures, portions of a building or structure, equipment, pipelines, and other fixtures at a location for the purpose of storing, recycling, treating, processing, or disposing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued under those authorities. "Oil and gas waste facility" does not include any of the following:

(1) Operations authorized by a permit issued under section 1509.06 of the Revised Code, including associated exploration, development, well stimulation, production operations, or plugging of oil and gas resources that take place at a well site and only serve operations at that well site;

(2) Operations authorized by a permit issued under section 1509.21 of the Revised Code;

(3) Storing of brine or other waste substances in a vehicle, vessel, or container at locations for less than twenty-four hours for which a manifest has been generated in accordance with paragraph (B) of rule 1501:9-6-08 of the Administrative Code;

(4) A facility used by a government authority to store brine used solely for ice and/or dust control in accordance with an approved brine spreading resolution subject to section 1509.226 of the Revised Code; or

(5) A facility that disposes of other waste substances pursuant to a permit issued under Chapter 3734. of the Revised Code and rules adopted under it.

(Z) "Other waste substances" means any nonpotable liquid resulting, obtained, or produced from the exploration, drilling, stimulation, testing, workover, plugging of an oil and gas well or production of oil or gas. "Other waste substances" includes water that is mixed with brine as a result of an unplanned release and precipitation captured in a containment regulated under Chapter 1509. of the Revised Code and any rules adopted under it or Chapter 1571. of the Revised Code. "Other waste substances" does not include wastes associated with gas processing facilities or pipelines not regulated under Chapter 1509. of the Revised Code and any rules adopted under it or Chapter 1571. of the Revised Code.

(AA) "Permittee" means a person who has been issued a class II disposal well permit under this rule.

(BB) "Person" has the same meaning as in section 1509.01 of the Revised Code.

(CC) "Pipeline" means pipe, associated appurtenances, and conveyances that are installed or used for the transportation of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas wells. "Pipeline" also means pipe, appurtenances, and conveyances used to transport brine to a class II disposal well. "Pipeline" does not include process piping.

(DD) "Positive displacement test" means a test to demonstrate mechanical integrity of an annular disposal well by applying gas pressure to the annular space utilized for disposal at a pressure determined by the following formula: surface casing depth X 0.433 psi/ft + 50 psi.

(EE) "Preliminary site review" means a site visit conducted by the chief that may include the applicant or the applicant's designee to review the location of a proposed class II disposal well or class II disposal well and surface facility.

(FF) "Pressure fall-off test" means a test to collect fluid-flow data in a particular zone or zones by injecting brine in a class II disposal well for a period of time and then measuring pressure changes over a period of time that the class II disposal well is shut-in.

(GG) "Primary containment" means a structure or equipment that is or will be in direct contact with brine or with other waste substances to prevent a release of the brine or other waste substance, including but not limited to a tank, vessel, dike, pipe, liner, vault, or other equipment.

(HH) "Process piping" or "piping" means pipe, associated appurtenances, and conveyances associated with storing brine and other waste substances at a surface facility for which a permit has been issued pursuant to rule 1501:9-3 of the Administrative Code.

(II) "Production operation" has the same meaning as in section 1509.01 of the Revised Code.

(JJ) "Professional surveyor" has the same meanings as in section 4733.01 of the Revised Code.

(KK) "Qualified person" means a person that has specific expertise and experience that meets common industry standards for performing specific testing and inspections to verify component and system integrity.

(LL) "Record" means information developed and maintained during the operation of a class II disposal well or surface facility. "Record" includes, but is not limited to logs, verification of integrity results, manifests, analytical testing results related to the manifests, standard operating procedures, and log of inspections.

(MM) "Secondary containment" means a structure, including but not limited to, vessel, berm, dike, pipe, liner, vault, curbing, drip pan, sump, or other equipment constructed or placed in a manner to temporarily contain a release of brine or other waste substance from primary containment and to prevent the brine or other waste substance from coming into contact with the ground water or the land, or to be discharged or likely to be discharged into surface water.

(NN) "Spinner survey" means a logging method that uses a small propeller turned by fluid movement to determine fluid flow associated with a formation.

(OO) "Standard annular pressure test" means a test to demonstrate the mechanical integrity of a class II disposal well by applying pressure to the annulus between the tubing and casing equal to or greater than the maximum allowable injection pressure.

(PP) "Storing" or "store" means to accumulate or collect brine or other waste substances.

(QQ) "Subject tract" means a tract(s) upon which a person proposes to and has the legal right to drill, reopen, deepen, plug back, or convert a well for the injection of brine for the class II disposal well.

(RR) "Surface facility" means all buildings, structures, portions of a building or structure, equipment, primary containment, secondary containment, process piping, and other fixtures at a location that is solely connected to a class II disposal well for the purposes of filtering, storing, or filtering and storing brine prior to injection and the facility has a total nominal storage volume of twelve thousand barrels or less.

(SS) "Tracer Survey" means a survey by which a radioactive tracer is injected into a wellbore and the point of placement and movement of the tracer is recorded by a gamma ray instrument.

(TT) "Verification of integrity" means the testing or inspection in accordance with industry standards of all primary containment, secondary containment, equipment, piping systems, and other appurtenances at the class II disposal well or surface facility , that are performed by a qualified person and are of the appropriate type for the component and system being tested or inspected.

(UU) "Well" has the same meaning as in section 1509.01 of the Revised Code.

Last updated January 13, 2022 at 8:26 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-05

This rule applies to a new permit to construct a class II disposal well and a surface facility, a new permit to construct a class II disposal well, a new permit to convert a well to a class II disposal well and construct a surface facility, or a new permit to convert a well to a class II disposal well. A class II disposal well and a surface facility shall be designed, constructed, and operated in a manner that protects public health and safety and the environment. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.

(A) Area of review.

(1) The division will conduct an area of review evaluation for a proposed class II disposal well upon receipt of an application for a permit to drill, reopen, deepen, plug back, or convert a well for brine disposal. The area of review is determined in accordance with one of the following:

(a) The area of review for wells in which disposal is proposed to be less than an average volume of two hundred barrels per day per year will be the area circumscribed by a one-half mile distance from the center of the wellbore along its entire length;

(b) The area of review for wells in which disposal is proposed to be greater than an average volume of two hundred barrels but less than one thousand barrels per day per year will be the area circumscribed by a one-mile distance from the center of the wellbore along its entire length;

(c) The area of review for wells in which disposal is proposed to be greater than an average volume of one thousand barrels per day per year, will be the area circumscribed by a two-mile distance from the center of the wellbore along its entire length; or

(d) An area of review other than one established in paragraph (A)(1), (A)(2), or (A)(3) of this rule may be designated by the chief.

(2) Wells in the area of review and all of available records for each well will be reviewed by the division and the applicant. A well in the area of review needs corrective action in any of the following circumstances:

(a) The wellbore penetrates the proposed injection zone or the wellbore has a total depth that is within five hundred vertical feet of the top of the injection zone and was plugged in a manner not in accordance with Chapter 1501:9-11 of the Administrative Code;

(b) The wellbore penetrates the proposed injection zone or a wellbore with a total depth that is within five hundred feet of the top of the injection zone is plugged with clay;

(c) The wellbore penetrates the proposed injection zone and the wellbore does not have cement on the back side of the production casing to at least five hundred feet above the proposed injection zone;

(d) The wellbore has limited or no records;

(e) The wellbore penetrates the proposed injection zone or the wellbore has a total depth that is within five hundred vertical feet of the of the top of injection zone and the wellbore is constructed with the production casing set with a packer; or

(f) Any other circumstance identified by the division during the record review.

(3) The applicant shall develop a list of proposed corrective actions for each well that will need corrective action. The division will review the list of proposed corrective actions, and determine which of those and any others are to be completed in order to prevent the movement of brine or other waste substances out of the permitted injection zone. Corrective action shall be completed prior to the issuance of a permit to inject.

(B) All of the following apply to the construction of a class II disposal well or conversion of a well to a class II disposal well:

(1) The division may prohibit injection into certain formations on a site-specific basis based on circumstances that may impact public health, safety, or the environment including, but not limited to, evidence of seismicity, migration of brine or other waste substances out of an injection zone, or other similar factors.

(2) For a permit to drill a new class II disposal well or to convert a well to a class II disposal well, in which the injection formation will be located in a formation that has a producing well within the area of review either of the following apply:

(a) The average disposal volume cannot exceed two hundred barrels per day per year; or

(b) The class II disposal well owner must own each producing well in the area of review as long as the owner operates the class II disposal well.

(3) For a permit to drill a new class II disposal well or to convert a well to a class II disposal well in the devonian shale formation or any formation noted, the average disposal volume cannot exceed two hundred barrels per day per year.

(4) A person may only submit an application to convert a well to a class II disposal well if the operator of the well or the proposed well is in compliance with Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code.

(1) A complete application on a form(s) prescribed by the chief.

(2) Information concerning the proposed class II disposal well including:

(a) The name, description, and depth of the geological zones or formations into which injection is proposed;

(b) For a well proposed to be converted to a class II disposal well, an accurate driller's log, a mud log, any geophysical or electric log, and any testing data on the well, if available;

(d) The names and addresses of all owners or operators of record of wells or permitted wells within the area of review;

(e) The name, depth, thickness, areal extent, and geological information concerning the confining zone or zones in the area of review of the proposed well, which may include the lithology, direct historical evidence, permeability, porosity, and other available geologic data that substantiates a zone's ability to confine brine or other waste substances to the permitted injection zone;

(f) A detailed description of the following:

(i) The well construction data that includes information on the casing and cementing if an existing well is to be converted, or the casing and cementing program proposed for a new well that complies with the well construction requirements established in rule 1501:9-1-08 of the Administrative Code;

(ii) The proposed method for injection that may include one or both of the following: open hole or perforations;

(iii) The proposed depth of the tubing and packer; and

(iv) The proposed stimulation program.

(g) The list of proposed corrective action of wells penetrating the proposed confining zones or injection formations within the area of review as identified in paragraph (A) of this rule;

(h) A schematic drawing that includes all of the following:

(i) Bore-hole diameter(s) and depth(s);

(ii) Outside diameter of each casing(s);

(iii) Proposed or existing placement of cement;

(iv) Location of any casing hardware;

(v) Packer depth;

(vi) Perforations/open hole;

(vii) Total depth;

(viii) Confining zone(s);

(ix) Injection zone(s); and

(x) Deepest underground source(s) of drinking water, if mapped.

(i) The proposed average volume of brine in barrels to be injected per day per year into the proposed class II disposal well, and the proposed method that will be used to measure and record the actual amount of brine injected into the well;

(j) The proposed method that will be used to continually measure and record daily injection pressures; and

(k) The proposed method to continuously monitor and to record the positive pressure in the annulus between production casing and the injection tubing;

(3) Description. A description of the proposed operations at the surface facility that includes the following, if applicable:

(a) A summary of the design flow;

(b) A summary of all containment including primary containment and secondary containment. The summary will include the volume, type, contents, and location of each primary containment. The summary will also include the calculations for each secondary containment volume;

(d) Discharge prevention measures from storage vessels and secondary containment, such as overfill protection, shut-off valves, and leak detection systems;

(e) Leak detection method for pipelines;

(f) Procedures for loading, unloading, transferring, and other means of handling of brine or other waste substances;

(g) Methods of metering and tracking the system throughput, including details on how brine will be tracked by those subject to fee(s) pursuant to division (H) of section 1509.22 of the Revised Code;

(h) Material specifications, that include, but are not limited to storage vessels, containment systems, piping, pipelines, pumps, valves, meters;

(i) A statement attesting the applicant has the right to install and maintain all pipelines;

(j) Design and construction drawings that include all of the following:

(i) A title page that contains the name of the applicant; emergency contact information to be used during construction; the county, township, and section or lot number where the proposed surface facility will be located; coordinates of the intersection of the centerline of the entrance apron at the public right-of-way using latitude and longitude, in a format of decimal degrees, to a minimum of six decimal places; and a sheet index;

(ii) A plan sheet consisting of the most recent color orthorectified aerial image known to the applicant at the time of design with pixels no larger than one foot showing the location of the proposed surface facility;

(iii) A plan sheet sealed by a professional surveyor showing the location of the proposed surface facility and the control points used to generate the map;

(iv) The scale in feet, legend, graphical scale, and north arrow;

(v) A general layout, plan views, elevations, sections, and supplementary views that in conjunction with the specifications provide the working information related to all aspects of the proposed construction, which also locate all elements horizontally in relation to the North American Datum of 1983 and vertically in relation to the North American Vertical Datum 1988;

(vi) The proposed and existing contours with an intermediate contour interval not greater than two feet and an index not greater than ten feet;

(vii) All buildings and improvements larger than one hundred twenty square feet including supporting drawings such as, electrical, plumbing, structural, and life safety;

(viii) All process piping including valves, valve locations, and types that will be used for storage;

(ix) All primary containment and secondary containment systems proposed and their capacities;

(x) All pipelines that will connect the surface facility to the class II disposal well;

(xi) All springs, wetlands, streams, lakes, rivers, ponds, and creeks which may be identified using reasonably available public resources and a field review, within two hundred feet of the storage facility;

(xii) Surface and underground mines, which may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources, that may affect design and performance of the proposed surface facility;

(xiii) All risk zones and hazard areas delineated on the "National Flood Insurance Rate Map" within one hundred feet of the proposed surface facility;

(xiv) Plugged wells, producing wells, idle and orphaned, and class II disposal wells that are located within one hundred feet of the storage facility. The information regarding the wells may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources;

(xv) All areas within one thousand five hundred feet of the proposed surface facility that are located within the five-year time of travel associated with a public drinking water supply, as delineated or endorsed under the "Source Water Assessment and Protection Program";

(xvi) All areas within one thousand five hundred feet of the proposed surface facility that are located within the emergency management zone of a public water system intake; and

(xvii) Boundaries of parcels of land, existing occupied and unoccupied structures, roadways, and existing utilities known to the applicant at the time of the design that are located within two hundred feet of the proposed surface facility.

(k) After a preoperational site review and for good cause, the chief may require any of the following as part of the permit application:

(i) Emergency release conveyance map. An emergency release conveyance map includes all of the following on a separate drawing sheet:

(a) Locations downslope of the proposed surface facility and any related pipelines where response resources may be deployed for the purposes of containment in the event of an emergency release using latitude and longitude, in a format of decimal degrees, to a minimum of six significant decimal places;

(b) Flow path and identification of nearest receiving streams, rivers, watercourses, ponds, lakes, or other bodies of water where brine or other waste substances may migrate from the proposed facility; and

(c) Pipes, ditches, and other conveyances, and hydraulic control structures identified in the storm water hydraulic report and in the sediment and erosion control plan.

(ii) Geotechnical report. A geotechnical report specific to the location of the proposed surface facility that describes the proposed facility geotechnical site conditions, design considerations that address the geotechnical conditions, and construction requirements for the proposed facility that address the geotechnical conditions and discloses the results of a surface and subsurface investigation of the proposed surface facility site. In addition, a report includes all of the following:

(a) An analysis of slope stability, bearing capacity, and settlements that have the potential to negatively impact the performance of the proposed surface facility site;

(b) Geotechnical borings or other geotechnical engineering standard investigative means, of sufficient depth and quantity to substantiate the design;

(c) An evaluation of all existing infrastructure potentially related to geotechnical considerations located within the proposed oil and gas waste facility boundary that will be used, affected or incorporated in the proposed surface facility;

(d) A summary of all subsurface exploration data specifically relevant to the geotechnical investigation and interpretation as it pertains to the design and construction of the proposed oil and gas waste facility, including subsurface soil profile, exploration logs, laboratory or in situ test results, and elevation of saturated soils at the time of exploration;

(e) An interpretation and analysis of the data required for the geotechnical report;

(f) An explanation of the geotechnical design constraints;

(g) Cross-sections through borings, critical slopes, and impacted infrastructure used in geotechnical calculations;

(h) The factor of safety for slope stability not less than 1.5 and bearing capacity not less than 3.0; and

(i) Documents showing calculations used to determine the factor of safety and a detailed explanation of each assumption and reference used in the calculations.

(iii) Sediment and erosion control plan. A sediment and erosion control plan for the proposed surface facility that describes procedures to minimize the discharge of construction related sediment to any area outside of the proposed surface facility. A plan includes all of the following:

(a) Sediment and erosion controls consistent with generally accepted engineering design criteria and controls that comply with the manufacturer's specifications;

(b) A sediment basin or sediment trap if the proposed surface facility is within or includes a total contributing drainage area that is greater than five acres in size. The minimum capacity of the sediment basin or sediment trap shall be one hundred seventeen cubic yards and designed in accordance with the "Ohio Department of Natural Resources Rainwater and Land Development Manual" as defined in Chapter 1501:9-12 of the Administrative Code;

(c) An identification of the location of each outlet of all confined discrete conveyances that may leave the proposed surface facility;

(d) A delineation of contributing drainage area boundaries and size, measured in acres; and slope, length, and per cent graded, that will be used to design the proposed sediment and erosion controls;

(e) A description of the soil stabilization measures, including vegetation, mulch, and other means of controlling erosion that will be used at the proposed surface facility. In addition, a schedule of the implementation of the soil stabilization measures will be included; and

(f) The applicant may submit a schedule that identifies alternate options for implementation of the erosion and sediment controls and measures, which also identifies when and under what criteria the alternate controls would be implemented.

(4) Map. The division may request the information in the electronic format if available. A map(s) prepared by an Ohio registered surveyor including the following:

(a) The subject tract of land upon which the proposed class II disposal well is to be located and the property lines with surface and mineral owner name(s) identified;

(b) The location of the proposed class II disposal well and any related pipelines on the subject tract of land established by a field survey showing the distances in feet from the proposed well and surface facility or oil and gas waste facility to the boundary lines of the subject tract and to the nearest permanent geographic subdivision boundaries;

(c) The proposed class II disposal well location designated by plane coordinates in accordance with Chapter 157. of the Revised Code. Coordinates may be established by map scale to the nearest fifty feet or by global positioning system (GPS);

(d) The location of all wells, which are within the distance of the area of review as determined under paragraph (A) of this rule. If a well or proposed well is within two hundred feet of the proposed class II injection well, the distance will be marked on the map;

(e) The location of all buildings, public roads, railroads, and streams within one thousand feet of the proposed well and their distances from the proposed well;

(f) The following are to be placed in a conspicuous place on the map; the applicants name, well name, county, civil township, permanent geographic subdivisions (section, lot and/or tract) and surface elevation for the well location, USGS quadrangle name, the date the map was prepared, name of surveyor preparing the map and phone number, and map scale;

(g) If the proposed well is to be in an urbanized area, the map will only be accepted if the name of the urbanized area and the original civil township name are included;

(h) An additional color map based on aerial photography at an appropriate scale identified on the map showing the location of the well, any related pipelines, any related oil and gas waste facilities, a related surface facility, access road, and a five hundred feet radius around the well location; and

(i) Coordinates of the intersection of the centerline of the entrance apron for the class II disposal well at the public right-of-way using latitude and longitude in a format of decimal degrees to a minimum of six decimal places.

(D) Class II disposal well testing or evaluations.

(1) The chief may require the following tests or evaluations of a proposed class II disposal well in any combination that the chief deems necessary:

(a) Submittal and implementation of a plan accepted by the chief for pressure fall-off testing;

(b) Submittal and implementation of a plan accepted by the chief for geological investigation of potential faulting or fracturing in the area of review for the proposed class II disposal well location;

The plan will require the person operating a class II disposal well to directly notify the division within twenty-four hours if a seismic event of 1.5 or greater magnitude occurs within three miles of the well.

(d) Testing and recording the original bottom hole injection interval pressure;

(e) Gamma ray, compensated density-neutron, and resistivity geophysical logging suite and any other log required by the chief on all newly drilled class II disposal wells. All logs shall be submitted to the division within sixty days of reaching total depth;

(f) Radioactive tracer or spinner survey;

(g) Submittal and implementation of a plan accepted by the chief for conducting a step-rate test; and

(h) Any other tests that the chief deems necessary. The applicant may request a meeting with the chief to discuss any test deemed necessary.

(2) If the chief requires the performance of tests or evaluations of a proposed class II disposal well, the applicant shall directly notify the appropriate inspector a minimum of twenty-four hours prior to performing the tests or evaluations. The chief may withhold authority to inject brine or other waste substances based upon the results of the tests or evaluations performed and may order the plugging of the well if deemed necessary.

(E) Review procedure.

(1) General review procedure.

(a) After receipt of any submittal or notification of completeness for a procedure identified in figures 1, 2, and 3, the chief will review the submittal to determine if the submittal is compliant with the requirements of this rule within the times identified in figures 1, 2, and 3, as applicable. If after submittal, the chief identifies items that are necessary to ensure the submittal complies with the requirements of this rule, the chief will notify the applicant or permittee of the items that are necessary with a letter of deficiency. For any period of time specified in figures 1, 2, or 3, the date will be determined by the action of the division.

(b) The applicant or permittee may submit a revised submittal or revised portions of the submittal with an identification of all the revisions. The chief may require the resubmission of the entire submittal. If the applicant or permittee has not submitted the revised submittal or revised portions of the submittal in accordance with the times established in figure 1, 2, and 3, as applicable, the chief may issue an order denying the application. The chief will review the revised submittal or revised portions of the submittal in accordance with the times established in figures 1, 2, and 3, as applicable. The chief may approve a longer period of time for any of the revised submittal or site review times established in figures 1, 2, and 3, as applicable, upon written request by the applicant or permittee.

(c) If the applicant or permittee has not submitted documents compliant with this rule within three hundred sixty-five calendar days of issuance of the initial letter of deficiency, the application is terminated.

(d) After completing the review of all submittals, the chief will either issue a permit or deny the issuance of the permit by order.

The chief may deny an application if the chief determines the applicant did not substantiate a zone's ability to confine brine or other waste substances to the permitted injection zone.

(e) The chief may require the applicant or permittee to submit additional information pertaining to the design and construction of the proposed or permitted class II disposal well and surface facility, that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.

(2) The chief will review the application for the class II disposal well and surface facility in accordance with figure 1 to determine if the application is a complete application. When the chief determines that the application is complete, the applicant will be notified in writing.

Figure 1

(3) Public notice process. The chief may combine multiple applications from the same applicant on the same subject tract into a single public notice process.

(a) Within fifteen business days after the chief's determination that an application for a permit for a class II disposal well is ready for notice as established in figure 3, the division will provide public notice of the application by posting the application on the division's website.

(b) Within fifteen business days after the chief's determination that an application for a permit for a class II disposal well is ready for notice as established in figure 3, and the division provides the notice of application to the applicant, the applicant shall provide notice of application in each of the following formats:

(i) Provide by hand delivery or certified mail a notice of application to all of the following:

(a) All owners or operators of wells within the area of review identified in paragraph (A)(1) of this rule;

(b) The owner of each parcel of real property that is located within one thousand five hundred feet of the proposed class II disposal well. For the purposes of determining the identity of each owner of a parcel of real property as of the date of the notice of application, the applicant may use the tax records of the county auditor of each county in which a parcel of real property is located; and

(c) The board of county commissioners and the board of township trustees or the executive authority of a municipal corporation where the proposed class II disposal well is to be located.

(ii) Published in a newspaper of general circulation in the county in which the proposed well is located either for five consecutive days or two consecutive editions of a weekly newspaper.

(iii) The applicant shall submit an affidavit attesting to the delivery and date of delivery to those entitled to notice of application, and the proof of publication and publication dates in accordance with paragraph (E)(3) of this rule. The affidavit of delivery of notice will be submitted on a form prescribed and provided by the division and will include a list of all persons notified in paragraph (E)(3) of this rule. The applicant shall retain copies of proof of notification and publication for a period of up to two years and be made available to the chief upon request.

(i) Any person desiring to comment or to make an objection with reference to an application for a permit under this rule shall file such comments or objections, in writing, with the division of oil and gas resources management, 2045 Morse road, building F, Columbus, Ohio 43229 or electronically through the division of oil and gas resources management website. In order for a comment or an objection to be reviewed by the chief, the comment or the objection must be filed with the division no later than thirty calendar days from the date of the posting of the public notice on the division's website and include the name and mailing address of the person making the comment or objection.

(ii) Before the end of the public comment period as established in this rule, any person receiving notification in paragraph (E)(3)(b) of this rule may request a public meeting. The division will hold a meeting, at a location and in a format to be determined by the chief. The division will provide notice of the public meeting at least thirty calendar days prior to the meeting. The notice will provide the date, time, format, and location of the public meeting via a posting on the division's website. The division also will provide the same notice to the applicant. Only those comments provided at the meeting, orally or in writing, will be reviewed by the chief. If the chief receives no requests for public meeting within the established public comment period, no meeting will be held.

(iii) The chief will review all received comments and objections within sixty calendar days after the end of the comment period or within forty-five calendar days after the conclusion of the public meeting to determine if the comments raise any legal deficiency or technical deficiency in the application related to Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code or to determine if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code. If the chief determines no deficiency exists or if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code, the public notice process is complete. The chief, in a manner to be determined by the chief, will respond to comments received from any person receiving notification in paragraph (E)(3)(b) of this rule and make the responses available on the website of the division. If the chief determines a comment or objection identifies a legal deficiency or technical deficiency in the application, the chief may address the legal or technical deficiency by issuing a permit subject to terms or conditions or the application will be returned to the applicant for correction of any deficiency within thirty calendar days.

(iv) Upon submittal of a revision to an application, including any deficiency, the chief will determine if all or any portion of paragraph (E)(3) of this rule is to be repeated by the applicant.

(4) Technical review. The chief will perform a technical review of the application for a permit for a class II disposal well in accordance with the times established in figure 2 to determine if the application for the proposed class II disposal well complies with the requirements of this rule.

Figure 2

Figure 3

Last updated July 10, 2026 at 2:35 PM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-07

(A) On and after the effective date of this rule, any person who operates a class II disposal well or a surface facility shall comply with all of the operational requirements and standards in this rule, unless specifically exempted in this rule. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.

(B) Only brine and other waste substances may be injected into a class II disposal well for which a permit is issued under Chapter 1501:9-3 of the Administrative Code.

(1) The maximum allowable injection pressure will be set using the formula prescribed in paragraph (C)(1)(a) of this rule, unless an alternate pressure is established in a plan accepted pursuant to paragraph (O) of this rule.

(a) The formula Pm = (0.75 - (Pgf x SG))D; where,

Pm = maximum surface injection pressure (pounds/inches squared)

0.75 psi/ft = maximum injection pressure gradient allowed

D = depth to top of shallowest proposed injection formation (feet)

Pgf = 0.433 (psi/ft) = pressure gradient of fresh water

SG = 1.2 = conservative specific gravity of injection fluid

(2) Hydraulic fracturing of a class II disposal well may only occur if the chief approves a request in writing. Hydraulic fracturing may only occur for forty-eight consecutive hours or less. The chief will not approve more than two hydraulic fracturing requests per operator per well in a calendar year.

(3) The chief may implement graduated maximum allowable injection pressure requirements and any applicable testing requirements not to exceed the maximum allowable injection pressure requirements as established in this rule.

(D) Mechanical integrity demonstration of a class II disposal well.

(1) To demonstrate a class II disposal well has mechanical integrity, annular pressure between the production casing and the injection tubing shall be continuously monitored and recorded using a method acceptable to the chief. Positive pressure sufficient to detect leaks shall be maintained on the annular space between the casing and the injection tubing. On or after the effective date of this rule, the annular pressure data shall be maintained for the life of the well and submitted to the division in a format acceptable to the chief upon the request. For wells permitted after October 1, 2012, any annular pressure data recorded prior to the effective date of this rule shall be maintained for the life of the well and submitted to the division in a format acceptable to the chief upon request. All data from such monitoring shall also be available for review by the division at any time and the chief may require the class II disposal well owner to submit the data to the division. If a well is transferred to another person, any data maintained under this paragraph shall be transferred with the well.

(2) Not less than once every five years or at the request of the chief, a mechanical integrity test part 1 shall be performed.

(a) At least twenty-four hours prior to the commencement of any mechanical integrity test part 1, the class II disposal well owner shall notify the appropriate inspector. A person in a division field office or central office shall be directly notified when the appropriate inspector cannot be contacted. All records of tests shall be retained by the class II disposal well owner for a period of at least five years or until a subsequent mechanical integrity test part 1 is performed. Results of all tests shall be recorded on a form provided by the division and filed with the division within thirty days after the completion of the mechanical integrity test.

(b) During operation of the class II disposal well, the chief, for good cause, may require a person to complete a mechanical integrity test part 2.

(3) The class II disposal well owner shall install, maintain, and annually test an automatic shut-off device set to terminate injection operations if the permitted maximum allowable surface injection pressure at the well head is exceeded. If at any time the maximum allowable injection pressure is exceeded, the class II disposal well owner shall immediately cease operations and notify the appropriate inspector within twenty-four hours. Prior to resuming operations and under the supervision of the chief, the class II disposal well owner shall perform a mechanical integrity test part 1 and test the automatic shut-off device for compliance with this rule.

If an inspection of a class II disposal well determines the automatic shut-off device has been disabled, set above the maximum allowable surface injection pressure, or altered in any other way that prevents the termination of injection operations upon reaching the maximum allowable injection pressure, the owner may be ordered to cease injection operations at the well for thirty consecutive days. The chief may revoke the permit authorizing injection if subsequent violations of this paragraph occur.

(4) If a class II injection well does not meet mechanical integrity, the owner shall immediately suspend injection operations and notify the division within twenty-four hours. The owner shall develop a plan to achieve mechanical integrity and submit to the chief in writing who will accept or reject in writing. Upon implementation of the accepted plan, if the chief determines the class II injection well cannot meet mechanical integrity, the chief may order the well to be plugged.

(5) If the chief determines operations of a class II disposal well may be impacting wells or impacting public health, safety, or the environment outside of the permitted injection zone or the previous area of review, the chief may modify a permit by order and require a new area of review to be conducted as specified in rule 1501:9-3-05 of the Administrative Code at a distance to be determined by the chief. If any new corrective action is necessary based on the new area of review, the person shall immediately suspend injection operations and complete the corrective action before resuming injection operations.

(E) Tubing and packer installation. For a class II disposal well in operation prior to the effective date of this rule, if a person proposes to install a new tubing and packer, the tubing and packer shall be set no more than two hundred feet above the injection zone. Installation of the tubing and packer shall be witnessed by a representative of the division.

(F) Monitoring and inspection procedure.

(1) The owner shall visually inspect the wellhead daily during active injection operations to ensure compliance with Chapter 1509. of the Revised Code, division 1501:9 of the Administrative Code, and any terms and conditions associated with the permits issued for the well.

(2) The class II disposal well owner shall continuously monitor and record injection pressures and injection volumes for each class II disposal well on a daily operational basis. On or after the effective date of this rule, the data shall be maintained for the life of the well and submitted to the division in a format acceptable to the chief upon the request.

(3) The chief may require the class II disposal well owner to install ground water monitoring wells when contamination of the ground water has been caused by or is reasonably anticipated to be caused by the class II disposal well. All ground water monitoring well installation and sampling shall be conducted in accordance with the U.S. environmental protection agency "RCRA Ground Water Technical Enforcement Guidance Document OSWER-9950.1."

(4) The class II disposal well owner shall develop and implement an inspection procedure and schedule for all equipment, containment systems, pipelines, and other appurtenances at the surface facility. The chief may require a class II disposal well owner to conduct such inspections on a schedule that is different than a permittee's schedule if there is just cause.

(a) The inspection procedure is to ensure all equipment and other appurtenances associated with the surface facility are maintained in a safe and functional manner.

(b) Inspections may include, but not be limited to, containment, tanks, liner systems, pumps, process piping, pipelines, monitoring equipment, monitoring wells, and other inspections recommended by equipment manufacturers or others experienced with the operation and maintenance of the equipment and other appurtenances.

(c) Document on a log all inspections performed, name of the person performing the inspection, date of the inspection, findings of the inspection, and actions taken as a result of the inspection.

(5) Any pipeline that transports brine or other waste substances must be tested in accordance with the standards of either ANSI/ASME B31.4 "pipeline transportation systems for liquids and slurries" or ASTM F2164 "standard practice for field leak testing of polyethylene piping systems using hydrostatic pressure" during the verification of integrity, at least once every five years, after repair or replacement of the pipe and any connections, or at the request of the chief.

(a) Each surface facility permittee shall give the appropriate inspector forty-eight-hour direct notice in advance of any activity performed under paragraph (F)(5) of this rule. A person in the division field office or central office shall be directly notified within the same time period when the appropriate inspector is unavailable.

(b) Any test of a pipelines used to transport brine to a class II disposal well shall be witnessed by a division representative.

(G) Reporting.

(1) Class II disposal well.

(a) Not more than forty-five days after the end of each calendar quarter, Class II disposal well owners shall submit a report on a form prescribed by the chief containing the following information:

(i) Source, volume in barrels, and delivery date for each shipment of brine or other waste substances;

(ii) Total volume in barrels of brine or other waste substances received for each month in the quarter;

(iii) Summarized volumes of delivered brines or other waste substances separated by those subject to fee(s) pursuant to division (H) of section 1509.22 of the Revised Code; and

(iv) Average and maximum injection pressures compiled for each month of the previous quarter.

(b) An class II disposal well owner well shall submit to the chief, on or before the fifteenth day of February of each calendar year on a form prescribed by the chief, a statement of the volume of brine injected in the well for the immediately preceding calendar year and the amount of the fee required to be collected pursuant to the requirements established in division (H) of section 1509.22 of the Revised Code for the immediately preceding calendar year. At the same time the statement is submitted, the owner shall submit the fee collected pursuant to the requirements established in division (H) of section 1509.22 of the Revised Code. The chief may require the statement, the fee collected, or both to be submitted electronically.

(H) During the operation of a class II disposal well or a surface facility, the chief may require a class II disposal well owner to submit additional information pertaining to the design, construction, or operation of the permitted class II disposal well or surface facility that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.

(I) Lawful disposal of waste.

(1) A class II disposal well owner or a surface facility shall lawfully dispose of all wastes and equipment resulting from or used in operations at the class II disposal well or surface facility, including but not limited to all filter media, process piping, fittings, valves, and tubing that comes in contact with brine and other waste substances. The person shall keep all records of disposal for five years and make them available to the chief upon request.

(2) No down-blending, solidification, or stockpiling of solid waste mechanically generated at the surface facility may occur at a surface facility.

(J) Emergency release notification. Provide and maintain in a visible location at a class II disposal well or surface facility a contact list with phone numbers for notification purposes in the event of a release of brine or other waste substances. Include in the contact list the class II disposal well owner designated incident response coordinator, applicable federal, state, and local authorities with responsibilities related to a release, and contractors who could respond to the release. Any release at a class II disposal well shall be managed by the permittee in accordance with Chapter 1501:9-8 of the Administrative Code.

(K) The division may sample brine or other wastes at any time.

(L) If the total capacity of a primary containment is reduced by thirty per cent due to the accumulation of solid material in the primary containment, the person operating the surface facility shall empty and clean the primary containment. All brine and other waste substances removed during this activity shall be disposed of lawfully. The person must provide direct notification to the division two business days before emptying and cleaning each primary containment.

(M) The requirements of paragraph (M) of this rule do not apply to a surface facility that is already constructed or has an unexpired permit as of the effective date of this rule unless either of the following apply: the operator applies for an amendment for the surface facility or the chief determines that the operation of the surface facility is impacting public health, safety, and the environment. If the chief determines the surface facility is impacting public health safety, and the environment, the chief may require by order the operator to amend the surface facility to meet the following standards. All of the following standards apply to the design, construction, and operation of a surface facility:

(1) Containment standards for a surface facility are as follows:

(a) Design, install, operate, and maintain to prevent a release of brine or other waste substances from the containment.

(b) Install, test, operate, and maintain in accordance with the manufacturer's recommendations and specifications.

(d) Compatible with the substance that it contains and the physical and climatic conditions to which the containment will be exposed.

(e) Protect all metallic surface containment from corrosion by cathodic protection, appropriately designed coating systems, or other means approved by the chief.

(f) Protect all above ground metal surface tanks from lightning in accordance with industry standards.

(g) Design, install, test, operate, and maintain geomembrane liner systems in accordance with the manufacturer's recommendations and specifications. Utilize testing methods in accordance with ASTM standards, international association of geosynthetic installers standards, or other standards as approved by the chief.

(h) Provide foundation or base support for the containment that is resistant to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift.

(i) Design, install, and maintain containment to prevent physical damage from equipment due to excessive stress, settlement, vibration, expansion, or contraction.

(j) Repair or replace any containment or containment component such as liners, gaskets, piping, pumps, valves, rivets, and bolts immediately upon detection of failure or imminent failure.

(k) Inspect and assess by a qualified person containments or containment system components that were utilized previously in a different service or at a different location. At a minimum, investigate and disclose the following in the assessment:

(i) Design standard(s), if available, to which the containment or containment components is constructed;

(ii) Compatibility of substance to be stored in the containment;

(iii) Existing condition of the containment or containment components; and

(iv) Age of the containment or containment components.

(2) Primary containment structures for a surface facility shall not overflow. Primary containment standards are as follows:

(a) Provide failsafe mechanisms, such as overfill protection, shut-off valves, and leak detection systems.

(b) Affix and maintain an outward visible label or provide signage for all primary containment, as applicable, which identifies the contents. If the primary containment is a tank, the label or sign will also identify the maximum volume.

(c) Maintain a minimum of six inches of freeboard within all primary containment that is exposed to precipitation. A larger freeboard may be required by the chief.

(d) Provide appropriate air release and vacuum release on all primary containment, as applicable, and install filters on any air release system to control odors when necessary.

(e) In addition to all other remedies provided by law, the chief may prohibit the use or require the repair of any pit or tank which fails to conform to any of the requirements of this rule.

(f) Burial of any tank is prohibited.

(g) A liner is not primary containment.

(3) Secondary containment shall not be used as primary containment at a surface facility. Secondary containment standards are as follows:

(a) Provide one hundred ten per cent of the capacity of the largest single primary containment or the total capacity of multiple primary containments that are piped together to function as a single containment, whichever is greater. Provide an additional six-inch freeboard if the secondary containment is exposed to precipitation.

(b) Design and maintain as a means to capture an incidental spill or release from a primary containment and a catastrophic failure of a primary containment.

(c) Remove any accumulation of storm water in the secondary containment within thirty-six hours after the accumulation. For surface facilities connected to a class II disposal well, the chief may require the installation of a pumping system to keep the secondary containment free of storm water.

(d) Provide secondary containment for all pumps and other appurtenances that are associated with the storage, processing, or conveyance of brine or other waste substances.

(e) Disclose allowable leak rates for geomembrane systems.

(4) Conveyance systems standards are as follows:

(a) Process piping.

(i) Design, install, operate, and maintain dedicated process piping and any supporting structures for flow of all brine, other waste substances, and other materials used in the storing of the brine or other waste substances.

(ii) Design and install process piping systems in a manner that minimizes abrasion and corrosion in the piping system and allows for expansion and contraction of the conveyance system.

(iii) Design process piping systems to be compatible with the substance that they carry and the physical and climatic conditions to which the piping system will be exposed.

(iv) Design, install, and maintain a secondary containment system for all process piping systems.

(v) Affix and maintain a label on all process piping to identify the contents and flow direction of the pipe contents.

(b) Pipeline standards are as follows:

(i) Design, install, operate, and maintain pipelines and any supporting structures to prevent a release of brine or other waste substances and to have a working pressure rating equal to or greater than the highest anticipated operating pressure to which the pipeline might be exposed to. Pipelines used to transport brine to a class II disposal well shall have a working pressure rating equal to or greater than the maximum allowable injection pressure prescribed in rule 1501:9-3-07 of the Administrative Code.

(ii) Design, install, operate, and maintain dedicated and controlled pipelines for flow of all brine and other waste substances.

(iii) Design and install pipelines in a manner that minimizes abrasion and corrosion in the pipeline and allows for expansion and contraction of the pipeline.

(iv) Design pipelines to be compatible with the substance that they carry and the physical and climatic conditions to which the pipeline will be exposed.

(v) Design, install, and maintain a means to detect, and capture a leak from the pipeline.

(vi) Design, install, and maintain a means to detect and locate a pipeline.

(vii) Design, install, operate, and maintain pipelines in a manner to protect public water intakes, ponds, developed springs, water wells, wetlands, or any water of the state as defined in section 1509.01 of the Revised Code and the chief may require a means to isolate pipeline segments near these areas.

(viii) Design, install, operate and maintain pipelines with fittings that are accessible from ground level, approved by the chief that allow for installation of gauges or other equipment for monitoring by the division.

(ix) The chief may require a means to isolate pipeline segments for protection of human health and safety and the environment.

(5) Provide and maintain site security controls at a surface facility that prevent accidental or unauthorized entry into the facility or areas of the facility not intended for access by the public, wildlife, and domestic animals. The site security controls may include any or all of the following:

(a) A sign that is legible from the public right-of-way and includes: surface facility name, oil and gas waste facility permit number, twenty-four-hour emergency contact telephone number, and 911 address of the oil and gas waste facility;

(b) Signs or other means that clearly identify portions of the surface facility that are intended to be accessible only to authorized personnel;

(d) Signs or other means that clearly identify ingress, egress, and traffic flow patterns;

(e) Mesh, screening or other controls to prevent access by migratory birds on open top containments, as necessary; and

(f) A wind-sock for wind direction determination.

(N) Enforcement.

(1) The chief may immediately suspend, by order, operations of a class II disposal well or surface facility under any of the following circumstances:

(a) A class II disposal well is causing or is likely to cause contamination of the land, surface waters, or subsurface waters;

(b) A class II disposal well cannot demonstrate mechanical integrity;

(d) A seismic event(s) originating underground that occurs within three miles of the class II disposal well;

(e) A class II disposal well is operated without authorization as required by section 1509.22 of the Revised Code and paragraph (G) of rule 1501:9-3-06 of the Administrative Code;

(f) The chief determines that operation or continued operation of the well or surface facility is likely to endanger public health or safety;

(g) The chief determines that brine or other waste substances from class II disposal well injection operations may be outside of the permitted injection zone or area of review;

(h) The shut-in pressure of a well exceeds the maximum allowable injection pressure;

(i) Exceedance of the determined maximum allowable injection pressure may be suspended in accordance with the following:

(i) First offense: suspension of injection operations for twenty-four hours;

(ii) Second offense within three hundred sixty-five calendar days: suspension of injection operations for fourteen days;

(iii) Third offense within three hundred sixty-five calendar days: suspension of injection operations for thirty days;

(iv) Fourth offense within three hundred sixty-five calendar days: revocation of permit by order.

(j) Operations at an associated oil and gas waste facility or surface facility associated with the class II disposal well are suspended by order of the chief; and

(k) Any violation of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code.

(O) Resuming operations after suspension

(1) If the chief suspends operations for a class II disposal well, the class II disposal well owner shall develop a written plan that describes any testing to be performed, any actions to correct the conditions that caused the suspension, and estimated length of time to complete the plan. Within ten business days of receipt, the chief will review the plan and either accept it, require modifications, or reject the plan and order necessary corrective action.

(2) If the chief determines a class II disposal well has caused or contributed to seismic activity, the chief will require the owner to submit a plan for acceptance or rejection established in paragraph (O) of this rule which may include, but is not limited to, all of the following:

(a) Performing a geological investigation;

(b) Seismic monitoring;

(d) Submission of data collected;

(e) Operational parameters of the class II disposal well;

(f) Soil depth to bedrock determination; and

(g) Identification of areas of potential concern.

(P) Required plugging of a class II disposal well

(1) If no injection has occurred in a class II disposal well for five consecutive years, the class II disposal well owner shall plug the class II disposal well in accordance with section 1509.13 of the Revised Code, section 1509.15 of the Revised Code, and Chapter 1501:9-11 of the Administrative Code.

(2) If corrective actions identified under paragraph (D)(5) of this rule are not completed within ninety calendar days from notification from the division, the class II disposal well owner shall plug the class II disposal well in accordance with section 1509.13 of the Revised Code, section 1509.15 of the Revised Code, and Chapter 1501:9-11 of the Administrative Code.

(3) If an accepted plan developed under paragraph (O) of this rule is not completed in the time frame established in the accepted plan, the class II disposal well owner shall plug the class II disposal well in accordance with section 1509.13 of the Revised Code, section 1509.15 of the Revised Code, and Chapter 1501:9-11 of the Administrative Code.

(4) If a plan required under paragraph (O) of this rule is not submitted within one hundred twenty calendar days of the suspension of activity, the class II disposal well owner shall plug the class II disposal well in accordance with section 1509.13 of the Revised Code, section 1509.15 of the Revised Code, and Chapter 1501:9-11 of the Administrative Code.

Last updated June 25, 2025 at 11:24 PM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-02 Exceptions.

This chapter does not apply to a well for the purpose of injecting gas or air, enhanced recovery wells permitted under section 1509.21 of the Revised Code, natural or artificial brine wells, wells drilled into gas storage reservoirs, or wells for the exploration for or extraction of minerals or energy permitted under section 1509.221 of the Revised Code.

Last updated June 26, 2025 at 6:16 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-03 General provisions.

(A) A person may only store, recycle, treat, process, or disposed of brine or other waste substances at a class II disposal well or at a surface facility in accordance with Chapter 1509. of the Revised Code and rules adopted under it.

(B) No person may allow brine or other waste substances at a class II disposal well or at a surface facility to migrate into an underground source of drinking water.

(C) No person may inject brine and other waste substances or allow brine and other waste substances to migrate into an underground formation that is not approved for injection in the permit issued by the division.

(D) If any process occurs at a surface facility other than storage, settling in a tank, or filtration, the facility is an oil gas waste facility. If a surface facility is modified or is proposed to be modified to include any process other than storage, settling in a tank, or filtration or is connected to an oil and gas waste facility regulated under section 1509.22 of the Revised Code, the person operating the surface facility must obtain an chief's order to operate an oil and gas waste facility. A surface facility not directly connected to a class II disposal well is an oil and gas waste facility.

(E) A person may only inject brine and other waste substances into a class II disposal well if a permit to inject has been issued by the chief. In order to evaluate a well for the potential for injection, a person may submit in writing to the chief a plan requesting authorization to inject for a period not to exceed forty-eight hours. The chief will review the plan and either accept or reject it in writing. If the chief accepts the plan, the chief may specify any terms or conditions that apply to the test.

(F) Surface facility

(1) If after the effective date of this rule, a surface facility is proposed to be amended so that the resulting total nominal storage volume is twelve thousand one barrels or greater, the person operating the surface facility must apply for a permit to operate as an oil and gas waste facility, however only the amended portion must meet the oil and gas waste facility standards.

(2) A surface facility with a total nominal storage volume of twelve thousand one barrels or greater in operation on the effective date of this rule may continue to operate without an oil and gas waste facility permit, unless the facility is proposed to be amended, then paragraph (F)(1) of this rule would apply.

Last updated June 26, 2025 at 12:24 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-04 Surface location and siting criteria.

On and after the effective date of this rule, all of the following apply to a new class II disposal well, a well proposed to be converted to a class II disposal well, and a surface facility:

(A) No portion of a class II disposal well or of a surface facility may be located within the boundary of a flood hazard area as delineated on the "National Flood Insurance Rate Map" unless the applicant meets all applicable floodplain regulations.

(B) No portion of a class II disposal well or a surface facility may be located nearer than five hundred feet from the boundary of the subject tract.

Paragraph (B) of this rule does not apply if the class II disposal well or the surface facility, as applicable, is proposed to be on a site that is zoned industrial.

(C) No portion of a class II disposal well or a surface facility may be located within one thousand feet of and within any of the following:

(1) The five-year time of travel associated with a public drinking water supply, as delineated or endorsed under the "Source Water Assessment and Protection Program"; and

(2) The emergency management zone of a public water system intake.

(D) No portion of a class II disposal well or a surface facility may be located within seven-hundred fifty feet of an occupied private dwelling or a public building that may be used as a place of assembly, education, entertainment, lodging, or occupancy by the public. However, the owner or the person with legal authority for the private dwelling or public building may consent in writing to a location of the class II disposal well or the surface facility to a distance less than seven hundred fifty feet if the applicant submits the written consent on a form prescribed by the chief with the application.

(E) No portion of a class II disposal well or a surface facility may be located in or within one hundred feet of a wetland or any surface waters that are waters of the state as defined in section 1509.01 of the Revised Code.

(F) No portion of a class II disposal well or a surface facility may be located within one hundred feet of ponds, developed springs, and water wells.

(G) Except as provided in paragraph (H) of this rule, a pipeline connecting a class II disposal well to a surface facility shall not be located:

(1) In or within one thousand feet of the five-year time of travel associated with a public drinking water supply as delineated or endorsed under the "Source Water Assessment and Protection Program," or the emergency management zone of a public water system intake;

(2) In or within one hundred feet of a wetland or any surface waters that are waters of the state as defined in section 1509.01 of the Revised Code; and

(3) Within one hundred feet of ponds, developed springs, and water wells.

(H) Pipelines proposed to be installed within the distances established in paragraphs (G)(2) and (G)(3) of this rule must implement additional requirements to be approved by the chief. These requirements include, but are not limited to, double encasement, continuous monitoring, testing frequency, and valving.

Last updated March 28, 2022 at 11:30 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-1-08

(3) Below cemented surface casing, other drilling fluids may be utilized consistent with sound design and effective industry practice.

(D) Casing standards.

(d) All hydrostatic pressure tests shall be conducted pursuant to API "5 CT Specification for Casing and Tubing" or other method(s) approved by the chief.

(H) Wellbore diameters.

(I) Wellbore conditioning.

(J) Cement standards.

(5) The chief may require, by permit condition, a specific cement mixture to be used in any well or any area if evidence of local conditions indicate a specific cement is necessary.

(8) Compressive strength test requirements.

(i) For conductor, mine string, and surface casing cement, the test temperature shall be sixty degrees Fahrenheit;

(ii) For intermediate and production casing cement, the test temperature shall be within ten degrees Fahrenheit of the formation equilibrium temperature of the cemented interval.

(K) Centralizer standards.

(1) All bowspring centralizers shall meet the standards of API "10 D, Specification for Bow-Spring Casing Centralizers."

(2) All rigid centralizers shall meet the standards of API "10 TR 4 Considerations Regarding Selection of Centralizers for Primary Cementing Operations."

(M) Casing strings.

(1) Drive pipe. Drive pipe may be driven through unconsolidated materials and need not be cemented if there is no annular space.

(2) Mine string.

(a) Casing through an active underground mining operation.

(d) Each mine string shall be equipped with a guide shoe or other appropriate device to prevent deformation of the bottom of the casing.

(e) Cementing the mine string.

(i) If a mine void or rubble zone is encountered, the owner shall equip the mine string with a cement basket or other approved device as close to the top of the void as practical.

(ii) The interval from the casing seat to the base of the coal seam shall be cemented.

(iii) Cement shall be placed on top of the basket or other approved device by pour string or pumping from surface.

(3) Conductor casing.

(a) Conductor casing shall be set where necessary to:

(i) Stabilize unconsolidated sediments;

(ii) Isolate shallow aquifers that provide or are capable of providing groundwater for water wells and springs in the vicinity of the well;

(iii) Isolate groundwater before penetrating the working of an active underground mine; or

(iv) Provide a base for equipment to divert shallow, naturally occurring natural gas.

(b) Conductor casing shall be cemented to surface if there is an annular space.

(c) If circulated cement drops or fails to circulate, cement shall be emplaced from surface by a method approved by the inspector.

(4) Surface casing.

(b) Sufficient cement shall be used to fill the annular space outside the casing from the seat to the ground surface or to the bottom of the cellar.

(e) For surface holes drilled through glacial drift deposits that exceed one hundred feet in thickness, a guide shoe shall be run on the surface casing.

(i) At least three hundred feet deep; or

(ii) At least one hundred feet below the deepest local perennial stream base; or

(6) Intermediate casing.

(b) The owner shall set and cement intermediate casing in a competent formation in the following situations:

(i) If groundwater containing total dissolved solids of less than ten thousand milligrams per liter is encountered below the base of cemented surface casing;

(ii) Through a gas storage reservoir when drilling to strata beneath a gas storage reservoir within the storage protective boundary;

(iv) For wells drilled horizontally, in the Marcellus shale, or deeper, such casing shall be set through the Mississippian berea sandstone or one thousand feet, whichever is greater; or

(v) In other situations as determined by the chief.

(7) Production casing and liners.

(a) Cemented completions.

(N) Annular pressure.

(O) Well construction records.

(2) Each job log shall include the following information:

(a) Date cemented;

(b) Name of the cementing contractor;

(d) Whether or not the wellbore circulated prior to cementing;

(f) Number of centralizers placed in the horizontal segment of a wellbore;

(h) Pumping rates in barrels per minute, displacement pressure in pounds per square inch, and final circulating pressure prior to landing the plug in pounds per square inch;

(i) The time the latch-down or wiper plug landed;

(j) Casing test pressure in pounds per square inch and final test pressure in pounds per square inch;

(k) Whether or not cement circulated to surface; and

(l) Volume of cement slurry circulated to surface in barrels.

Last updated March 6, 2026 at 12:30 PM

History

Effective: August 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-06 Construction, authorization to operate, and amendments to/of a class II disposal well or surface facility.

(A) Construction/converion

(1) No construction may commence at the well, class II disposal well or class II disposal well and surface facility until a permit is issued. The well shall be constructed in accordance with the requirements established in rule 1501:9-1-08 of the Administrative Code and in accordance with all the following:

(a) The well shall be constructed with casing that is mechanically centralized and cemented to a height of no less than five hundred feet above the top of the injection zone or potential flow zones as required in rule 1501:9-1-08 of the Administrative Code;

(b) The well shall be constructed with tubing and a packer set no more than two hundred feet above the injection zone. Installation of the tubing and packer shall be witnessed by a representative of the division;

(c) The well shall be equipped with a one-quarter inch npt, female, threaded fittings with a stop valve on the tubing and production casing annulus that are accessible from ground level and that allow for installation of gauges or other equipment for monitoring of annulus and injection pressures by the division; and

(d) To verify the proper placement of cement in the construction of a class II disposal well, a cement evaluation log must be completed for each casing string cemented after surface casing.

(2) No construction may commence at the well or a surface facility until a permit to convert the well to a class II disposal well is issued. The well shall be constructed in accordance with the requirements established in rule 1501:9-1-08 of the Administrative Code and in accordance with all of the following:

(a) The chief may waive, upon written request of the applicant, any requirements established in rule 1501:9-1-08 of the Administrative Code that are not applicable since the well is already constructed and the applicant demonstrates the proposed well will still meet standards necessary to protect public health, safety, and the environment;

(b) The well shall have been cemented to a height of no less than five hundred feet above the top of the injection zone as required in rule 1501:9-1-08 of the Administrative Code;

(c) The well shall be constructed with tubing and a packer set no more than two hundred feet above the injection zone. Installation of the tubing and packer shall be witnessed by a representative of the division;

(d) The well shall be equipped with a one quarter inch npt, female, threaded fittings with a stop valve on the tubing and production casing annulus that are accessible from ground level and that allow for installation of gauges or other equipment for monitoring of annulus and injection pressures by the division;

(e) To verify the competent placement of cement in the conversion of a well to a class II disposal well, cement evaluation log(s) must be completed on the casing string(s) identified by the chief; and

(f) Any open formation not to be utilized for injection shall be abandoned pursuant to section 1509.13 of the Revised Code, section 1509.15 of the Revised Code, and rule 1501:9-11 of the Administrative Code.

(3) Water well sampling

(a) After a permit has been issued but before commencement of drilling a new class II disposal well or converting a well to a class II disposal well, a class II disposal well owner shall provide to the chief results of sampling of water wells within one thousand five hundred feet of the proposed location of the class II disposal well and five hundred feet of any associated pipelines utilized for the injection of brine. The class II disposal well owner shall provide a list and map that identifies the location of each water well sampled.

(b) Where the owner of the property on which the water well is located denied the applicant access to sample the water well, the applicant shall provide proof of such denial.

(c) The sampling shall be conducted in accordance with the guidelines established in the "Best Management Practices for Pre-drilling Water Sampling" in effect at the time the permit is issued.

(d) If the chief determines that conditions at the proposed well site warrant a revision to the distance required to be sampled, the chief may revise the distance established in this rule for purposes of pre-drilling water sampling.

(B) Activities witnessed by the division

(1) A division representative must be present for performance of the following activities:

(a) Installation, modification, or relocation of tubing and packer; and

(b) Any testing required under Chapter 1509. of the Revised Code, division 1501:9 of the Administrative Code, or permit terms and conditions.

(2) A division representative may be present for performance of the following activities:

(a) Commencement of construction of a surface facility; and

(b) Verification of integrity.

(3) Each class II disposal well owner shall give the appropriate inspector forty-eight hour direct notice in advance of any activity required under paragraph (B) of this rule. A person in the division field office or central office shall be directly notified within the same time period when the appropriate inspector is unavailable.

(1) A proposed surface facility shall be constructed in accordance with the approved application and associated documents, terms and conditions of the permit, and in accordance with Chapter 1509. of the Revised Code and rules adopted under it.

(2) Any material modifications or amendments to a surface facility shall occur in accordance with the requirements of this rule. For good cause shown, the chief may require the person requesting the material modification or amendment to submit a new application for a permit.

(3) Material modifications

(a) A request for a material modification to an approved, but not yet operating, surface facility shall be submitted in writing to the chief prior to implementation of any material modification to a surface facility. All proposed material modifications must include all of the following items:

(i) A detailed description of the proposed material modification and the potential impact to the performance of the surface facility; and

(ii) Revised application documents, as applicable, pertaining to the material modification.

(b) After receipt of a material modification, the chief will review the material modification to ensure compliance with the times established in figure 4. The chief may require a site review prior to determining whether to approve the proposed material modification or to identify items necessary to ensure compliance with the requirements of this rule.

(c) Nothing in paragraph (C)(3) of this rule prohibits a permittee from taking actions necessary to prevent harm to human health or safety or to prevent harm to the environment. A permittee may perform such actions that will result in a material modification only if the permittee submits a summary of the activities within twenty-four hours of the action and the permittee submits the material modification documents in accordance with this paragraph within three business days of the event that posed a threat to human health or safety or to the environment, or within another time frame as agreed to by the chief.

(4) Amendment to a surface facility

(a) A request for an amendment to an operating surface facility shall be submitted in writing to the chief prior to implementation of any revision to a surface facility. An amendment does not include activities such as routine maintenance, replacement of equipment in kind, or repair of already installed equipment. A request for an amendment must include all of the following:

(i) A detailed description of the proposed revision and of the impact that the revision will have to the operations of the surface facility;

(ii) Revised application documents pertaining to the proposed revision; and

(iii) Any other item required by the chief.

(b) The chief will review the request for an amendment to the permit to ensure compliance with the requirements of this rule in accordance with the times identified in figure 4 of this rule. If approved, the chief will issue an order modifying the permit authorizing injection operations at the class II disposal well and surface facility.

(c) The permittee may be required to perform a verification of integrity in accordance with paragraph (D) of this rule for the amendment in accordance with the requirements established in this rule.

Figure 4

| | Actions | | | | | | --- | --- | --- | --- | --- | --- | | | Site review (upon receipt of document) | Division review and response to submittal | Applicant/permittee resubmittal (upon notification of deficiencies from the chief) | Division review and response to resubmittal | Division review and preparation of order | | Procedures | Time | | | | | | Material modification review | 5 business days | 5 business days | 5 business days | 5 business days | Not applicable | | Amendment review | 20 business days | 30 business days | 20 business days | 30 business days | 60 calendar days |

(D) Verification of integrity. The person operating a surface facility shall perform a verification of integrity prior to commencement of operation of a surface facility that includes all of the following:

(1) Prior to testing or inspection of the surface facility, the permittee must provide for review and acceptance by the chief a listing of the items being tested or inspected, the type of test or inspection being performed, the qualified person or persons performing the test or inspection and their qualifications, and a schedule of the tests or inspections proposed for the verification of integrity.

(a) All testing shall be performed in accordance with Chapter 1501:9 of the Administrative Code or relevant industry standards.

(b) A verification of integrity may be performed on all or portions of the surface facility.

(2) The chief may require additional testing or may waive any portion of the verification of integrity upon written request and justification. The chief may approve limited operation of the surface facility in order to perform all or part of the verification of integrity, upon written request of the permittee. The verification of integrity may be performed after repairs to any containment or on the findings of an inspection conducted by the chief.

(3) Upon completion of all testing and inspections, the permittee shall provide for review and acceptance by the chief the results of all testing and inspections.

(4) The permittee will provide verification in an affidavit on a form prescribed by the chief that specifically reads, "I, as permittee of this surface facility, do hereby certify that to the best of my knowledge the surface facility was constructed in accordance with the approved application and the verification of integrity performed and completed according to the accepted plan."

(E) Testing

(1) Prior to commencement of permitted injection operations in a class II disposal well, the class II disposal well owner shall complete a mechanical integrity test part 1 and mechanical integrity test part 2.

(2) The following conditions require that a pressure test be conducted at a pressure that is 1.25 times the maximum allowable injection pressure as described in rule 1501:9-3-07 of the Administrative Code. This test shall be for a duration of at least fifteen minutes with no more than a five per cent decline in pressure unless otherwise approved by the chief.

(a) For any perforations in the casing that are abandoned during construction or conversion of the well, the casing and plug shall be pressure tested prior to perforating any proposed injection zones.

(b) For any open-hole class II disposal well for which any formation is abandoned during construction of the class II disposal well or conversion of a well to a class II disposal well, each plug shall be verified for proper placement and each plug inside casing shall be pressure tested prior to perforating any proposed injection zones.

(F) Expiration of class II disposal well permit.

(1) If a permit issued under section 1509.06 of the Revised Code expires, the owner of partially constructed class II disposal well or surface facility shall immediately cease operations. The person shall either apply for a permit under section 1509.06 of the Revised Code or plug the well.

(2) The owner of a class II class disposal well shall plug the well and reclaim the site if within five years of the effective date of this rule or within five years of issuance of a permit to drill or convert the well under section 1509.06 of the Revised Code the class II disposal well owner does not receive a permit to inject pursurant to paragraph (G) of this rule.

(G) Order issuing a permit to inject in a class II disposal well.

(1) Prior to beginning initial injection operations at a class II disposal well or a class II disposal well and surface facility, the owner shall file an application on a form prescribed by the chief requesting a permit authorizing injection. This application will include all of the following:

(a) Confirmation that all permit conditions were satisfied;

(b) A verification of integrity for the associated surface facility or the oil and gas waste facility, whichever is applicable;

(d) A signed and notarized statement that the operator has constructed and tested the class II disposal well in accordance with Chapter 1509. of the Revised Code and division 1501:9 of the Administrative Code.

(2) The chief will review the permit application and either approve or deny by order within sixty-calendar days of receipt of a complete application under paragraph (G) of this rule.

(3) A class II disposal well shall be transferred in accordance with section 1509.31 of the Revised Code and the new owner shall submit an application on a form prescribed by the chief to transfer the permit to inject. The chief will review and issue a new order for a permit to inject within ten business days of a complete permit application and form required under section 1509.31 of the Revised Code.

(4) A well completion record required under section 1509.10 of the Revised Code and Chapter 1501:9-1 of the Administrative Code shall be filed before a class II disposal well owner may apply for a permit authorizing injection. The well completion record shall also include results of initial testing of construction as described in paragraph (B) of this rule.

(5) The class II disposal well owner shall directly notify the appropriate inspector at least forty-eight hours prior to commencement of injection. A person in the division field office or central office shall be directly notified within the same time period when the appropriate inspector is unavailable.

Last updated January 13, 2022 at 8:29 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-07.1 Brine Disposal Fee Procedure.

An owner of a saltwater disposal well shall submit to the chief, on or before the fifteenth day of February of each calendar year on a form prescribed by the chief, a statement of the volume of brine injected in the well for the immediately preceding calendar year and the amount of the fee required to be collected pursuant to the requirements established in division (H) of section 1509.22 of the Revised Code for the immediately preceding calendar year. At the same time the statement is submitted, the owner shall submit the fee collected pursuant to the requirements established in division (H) of section 1509.22 of the Revised Code. The chief may require the statement, the fee collected, or both to be submitted electronically.

Last updated July 16, 2024 at 2:54 PM

History

Effective: October 10, 2019
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-08 Annular disposal.

(A) Approval required.

(1) On and after the effective date of this rule, the chief will not authorize the disposal of brine in any annular space.

(2) If the chief approved annular disposal of brine prior to the effective date of this rule, the annular disposal well owner may continue to dispose brine in the already-approved annular space in accordance with paragraphs (B) to (F) of this rule unless any of the following apply:

(a) The annular disposal well owner fails to conduct a mechanical integrity tests outline in paragraph (B) of this rule;

(b) The annular disposal well owner cannot demonstrate mechanical integrity for the annular disposal well;

(d) The chief orders cessation of annular disposal due to evidence of defective casing, evidence of contamination of an underground source of drinking water within one quarter mile of the annular disposal well, or failure to operate in accordance with paragraphs (B) to (F) of this rule.

(3) The chief will rescind approval for annular disposal when the owner fails to conduct annular disposal operations in accordance with Chapter 1509. of the Revised Code and the rules adopted thereunder.

(B) Mechanical integrity

(1) An annular disposal well has mechanical integrity if:

(a) There is no significant leak in the casing(s); and

(b) There is no significant movement of brine into an underground source of drinking water through channels adjacent to the well bore.

(2) A well owner authorized to dispose brine by annular disposal shall demonstrate mechanical integrity through the use of a positive displacement test for each annular disposal well at least once every five years.

(a) Over the course of a one-hour test pressure may decline by only one per cent.

(b) The gas used in the positive displacement test will be inert.

A person may only dispose of one thousand eight hundred twenty-five barrels or less of brine per year in an annular disposal well.

(D) Operating and monitoring requirements.

(1) A person who owns a well for annular disposal or the associated surface operations for an annular disposal well shall not cause or reasonably be anticipated to cause contamination of land, surface water, or ground water.

(2) If mechanical failures or downhole problems cause or could reasonably be anticipated to cause contamination of surface or subsurface soils or waters, the annular disposal well owner shall immediately cease all annular disposal operations and immediately notify the appropriate inspector within twenty-four hours, submit to the chief a written report which includes a detailed description of the incident, the actions taken to correct the situation, and the results of such action.

(3) The connection between the brine pipeline and the annulus of the annular disposal well shall be visible and accessible for inspection by the division and all pipelines, valves, and fittings from a brine storage tank or a well to the annulus of the annular disposal well shall be liquid tight.

(4) Annualar disposal may only be used if a flow meter or other quantitative monitoring method is installed.

(5) No pressure, except that created by hydrostatic pressure, shall be applied to brine disposed of into an annular space.

(6) Brine may only be conveyed to an annular disposal well by a pipeline.

(7) Only brine resulting, obtained, or produced in connection with oil or gas production on the same lease or on adjacent leases, may be disposed of into an annular disposal well.

(8) The owner shall immediately notify the chief in writing upon abandonment of annular disposal operations. Once annular disposal operations are abandoned, they cannot be resumed.

(9) When an annular disposal well becomes incapable of producing oil or gas, all annular disposal operations shall cease and the well plugged and abandoned in accordance with Chapter 1509. of the Revised Code and any rules adopted thereunder.

(E) Reporting and recordkeeping requirements.

(1) A person who owns a well for annular disposal shall keep an accurate record of the volume of brine disposed and a copy of such record furnished to the chief upon request. The owner shall file an annual report with the chief, on or before the fifteenth day of April, setting forth the total volume of brine disposed of during the preceding calendar year and if applicable, a description of any mechanical failures, the actions taken to correct the situation, and the results of such actions as described in paragraph (D)(2) of this rule.

(2) The owner shall retain mechanical integrity test data and monitoring records for a period of not less than five years.

Last updated January 13, 2022 at 8:30 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-09 Property rights unaffected.

An authorization or denial of an authorization to operate a class II disposal well or a well in which annular disposal occurs should not be construed so as to alter or amend any common law property rights or responsibilities.

Last updated January 13, 2022 at 8:31 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-10 Class II disposal well and surface facility reclamation.

(A) A person shall comply with Chapter 1509. of the Revised Code and Chapter 1501:9-11 of the Administrative Code regarding the plugging, abandonment, and reclamation of a class II disposal well and surface facility.

(B) A class II disposal well owner shall submit a decommissioning plan for review and acceptance by the chief prior to commencement of plugging the class II disposal well.

(C) If a surface facility is not connected to a class II disposal well with a valid permit authorizing injection, the person operating the surface facility may only continue to operate if an oil and gas waste facility permit is obtained pursuant to Chapter 1501:9-4 of the Administrative Code.

Last updated January 13, 2022 at 8:31 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Chapter 1501:9-4 Oil and Gas Waste Facilities

Ohio Adm.Code 1501:9-4-01 Definitions.

As used in Chapter 1501:9-4 of the Administrative Code:

(A) "Amendment" means a written authorization of the chief to make a revision to a certified oil and gas waste facility. "Amendment" means any of the following:

(1) Any substantial alteration in the operational processes at an oil and gas waste facility;

(2) Any substantial alteration in the volume of brine or other waste substances that could be stored, treated, recycled, or processed at the oil and gas waste facility;

(3) Any substantial alteration in the equipment or appurtenances used to perform the operations at the oil and gas waste facility;

(4) Any substantial alteration to the design or construction of the oil and gas waste facility;

(5) Any alteration to the design or construction of the oil and gas waste facility that reduces the ability of the oil and gas waste facility to safely operate; protect public health and safety, or minimize damage to natural resources; or

(6) Any alteration that results in an adjustment of the oil and gas waste facility boundary.

(B) "Applicant" means a person that submits an application for a permit to operate an oil and gas waste facility.

(C) "Background sample" means a sample collected from a reference area for comparison with samples collected on site. The reference area should have the same physical, chemical, geological, and biological characteristics as the site being investigated, but has not been affected by activities on the site.

(D) "Barrel" means a quantity of liquid equal to forty-two U.S. gallons.

(E) "Brine" has the same meaning as in section 1509.01 of the Revised Code.

(F) "Certification documents" means a submittal of documents to the chief that includes all of the following:

(1) A certification form;

(2) The record drawings of the facility;

(3) A modification summary form, if applicable;

(4) A verification of integrity inspection and testing results; and

(5) A recommendation of occupancy from the board of building standards.

(G) "Certification form" means a signed and sealed form by a professional engineer who has personal professional knowledge of the construction of the oil and gas waste facility that is the subject of an application that includes the statement that "The application documents were designed in accordance with all applicable statutes and rules adopted under them and the oil and gas waste facility was constructed in reasonably close conformity with the approved application, including all approved material modifications."

(H) "Chief" means the chief of the division of oil and gas resources management.

(I) "Closure" means the cessation of all storage, recycling, treatment, or processing of brine or other waste substances for the purpose of permanently terminating any portion of the operations at an oil and gas waste facility.

(J) "Construction" means any alteration of the earth, including soil, sediment, rock, sand, gravel, and organic material; or the assemblage or initiation of assemblage of any infrastructure, building, structure, fixtures, or portions thereof for the purpose of creating an oil and gas waste facility. "Construction" does not include the short-term storage of equipment or materials; activities to protect sensitive areas or habitats; seasonal tree and vegetative cutting; or any activity that does not exceed one acre of earth disturbance conducted for the preparation of an oil and gas waste facility.

(K) "Containment" means primary containment or secondary containment.

(L) "Contaminant of concern" means a contaminant for the storing, recycling, treating, or processing of brine and other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources.

(M) "Decommissioning plan" means a plan that contains all of the following:

(1) A schedule to decommission an oil and gas waste facility;

(2) A description of the closure and of the cleaning of all containments and equipment for unrestricted use or conditional release; and

(3) A description of the removal and proposed final disposition of all brine and other waste substances from the oil and gas waste facility.

(N) "Decommissioning report" means a report that includes all of the following:

(1) All manifests for the final disposition of all brine and other wastes substances removed from the oil and gas waste facility;

(2) The final disposition of all piping, equipment, liners, rig mats, or other appurtenances used as part of the oil and gas waste facility; and

(3) All analytical results.

(O) "Division" means the division of oil and gas resources management, Ohio department of natural resources.

(P) "Drill cuttings" means the soil, rock fragments, and pulverized material that are removed from well as defined in section 1509.01 of the Revised Code and that may include a de minimus amount of fluid that results from a drilling process.

(Q) "Environmental professional" has the same meaning as in 40 C.F.R. 312.10.

(R) "Facility plans" means the plans submitted to the chief for an oil and gas waste facility, that include all of the following:

(1) Signed and sealed by a professional engineer;

(2) Compliant with the Ohio building code;

(3) Prepared using commonly accepted drafting standards;

(4) Clear, legible, and drawn to a scale on American national standards institute (ANSI) size D; and

(5) And all other information required in rule 1501:9-4-04 of the Administrative Code.

(S) "Financial Assurance" means any of the following:

(1) Surety bond executed by a surety company authorized to do business in this state;

(2) Cash;

(3) Irrevocable letter of credit issued by any bank organized or transacting business in this state; or

(4) Negotiable certificate of deposit issued by any bank organized or transacting business in this state.

(T) "Fluid" means a waste substance that fails the United States environmental protection agency standard "SW-846 Test Method 9095B: Paint Filter Liquids Test" and can be reused in a drilling operation or disposed of in an injection well without processing other than settling or filtration.

(U) "Industry standard" means the criteria within a particular field or industry that are generally the minimal accepted requirements followed by the members of that field or industry.

(V) "Letter of commencement" means a written approval of the chief to commence storing, recycling, treating, processing, or disposing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources at an oil and gas waste facility.

(W) "Long-term oil and gas waste facility" means an oil and gas waste facility that stores, recycles, treats, or processes brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued under those authorities.

(X) "Manifest" means a shipping document that describes the brine or other waste substances when it is transported by any means other than a pipeline and contains a description of the brine or other waste substances, the name of the person that generated the brine or other waste substances, the volume of brine or other waste substances, and the destination of the brine or other waste substances.

(Y) "Material modification" means any of the following that occurs during construction, in accordance with rule 1501:9-6-07 of the Administrative Code:

(1) Any substantial alteration to the design or construction of an oil and gas waste facility;

(2) Alteration to the design or construction of the oil and gas waste facility that reduces the ability of the oil and gas waste facility to safely operate, protect public health and safety, or minimize damage to natural resources; or

(3) Any alteration that results in an adjustment of the oil and gas waste facility boundary.

(Z) "Modification summary form" means a form prescribed by the chief that is submitted electronically to the division that includes all modifications made to an approved application, is updated daily upon performance of a modification, and is made available for review by the division at the oil and gas waste facility site during construction.

(AA) "Naturally occurring radioactive material" or "NORM" has the same meaning as in section 3748.01 of the Revised Code.

(BB) "Notice of application" means a notification provided by the division that an application for a permit for an oil and gas waste facility has been submitted to the division, which includes all of the following information as applicable:

(1) The name and address of the applicant;

(2) The township, county and address or coordinates of the oil and gas waste facility;

(3) The phone number, website address and mailing address of the division;

(4) The name, title, email, and telephone number of the applicant's contact;

(5) A description of each type of waste substance that will be stored, processed, treated, or recycled by the oil and gas waste facility;

(6) The proposed maximum volume of brine and each other waste substances that is proposed to be stored or used in any phase of processing, treatment, or recycling at the oil and gas waste facility;

(7) A statement to all parties required to be notified pursuant to this chapter that the division will consider all written comments received by the division, within thirty calendar days of the posting of the public notice on the division's website; and

(8) A statement to an owner of real property, who receives the notice of application pursuant to this chapter, that within five business days of receipt of the notice of application, the owner of real property is required to provide notice of application to each residence in an occupied dwelling that is located on the owner's parcel of real property.

(CC) "Ohio Building Code" means the requirements established in division 4101:1 of the Administrative Code.

(DD) "Oil and gas waste facility" or "facility" means all buildings, structures, portions of a building or structure, vessels, containers, equipment, pipelines, and other fixtures at a location for the purpose of storing, recycling, treating, processing, or disposing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued under those authorities. "Oil and gas waste facility" does not include any of the following:

(2) Operations authorized by a permit issued under section 1509.21 of the Revised Code and operations authorized by a permit issued pursuant to division (D) of section 1509.22 of the Revised Code and rules adopted under it;

(3) Storing of brine or other waste substances in a vehicle, vessel, or container at locations for less than seventy-two hours for which a manifest has been generated in accordance with paragraph (B) of rule 1501:9-6-08 of the Administrative Code;

(5) A facility that disposes of other waste substances pursuant to a permit issued under Chapter 3734. of the Revised Code and rules adopted under it.

(EE) "Oil and gas waste facility boundary" means the boundary delineated for an oil and gas waste facility and includes all areas physically altered for construction and related to the operation of the facility including erosion and sediment controls, storm water management and pipelines.

(FF) "Oil and gas waste facility permit" means an authorization to store, recycle, treat, process, or dispose of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources under this chapter.

(GG) "Original condition" means the site conditions existing prior to the construction and operation of an oil and gas waste facility.

(HH) "Other waste substances," "waste substance," or "waste" means a substance that results from the exploration, development, well stimulation, production operations, or plugging of oil and gas resources. "Other waste substances," "waste substance," or "waste" does not include wastes associated with gas processing facilities or pipelines not regulated under Chapter 1509. of the Revised Code and any rules adopted under it. "Other waste substances," "waste substance," or "waste" includes, but is not limited to, the following:

(1) Drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds;

(2) Solids generated from the storing, recycling, treating, or processing of drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds;

(3) Drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds that are stored, recycled, treated, or processed as ingredients to create a product;

(4) Earthen materials mixed with brine or any substances listed in paragraph (GG)(1) of rule 1501:9-3-01 of the Administrative Code;

(5) Oil, gas, or condensate that is not removed from the substance prior to acceptance at a facility; and

(6) Non-potable water resulting, obtained, or produced from the exploration, drilling, stimulation, testing, workover, plugging of an oil and gas well or production of oil or gas.

(II) "Permittee" means a person who has been issued an oil and gas waste facility permit under this rule.

(JJ) "Person" has the same meaning as in section 1509.01 of the Revised Code.

(KK) "Pipeline" means pipe, associated appurtenances, and conveyances that are installed or used for the transportation of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources "Pipeline" also means pipe, appurtenances, and conveyances used to transport brine to a class II disposal well. "Pipeline" does not include process piping.

(LL) "Preliminary site review" means a site visit conducted by the chief that includes the applicant or the applicant's designee and the professional engineer, if applicable, who is responsible for preparing the drawings or the professional engineer's designee to review the location of a proposed oil and gas waste facility.

(MM) "Preoperational site review" means a site visit conducted by the chief that includes the permittee's designee and the professional engineer who is responsible for preparing the record drawings or their designee to review an oil and gas waste facility to ensure accuracy of the certification documents.

(NN) "Primary containment" means a structure or equipment that is or will be in direct contact with brine or with other waste substances to prevent a release of the brine or other waste substance, including but not limited to a tank, vessel, dike, pipe, liner, vault, or other equipment.

(OO) "Process piping" or "piping" means pipe, associated appurtenances, and conveyances associated with storing, processing, treating, or recycling activities at an oil and gas waste facility for which a permit has been issued pursuant to Chapter 1501:9-6 of the Administrative Code.

(PP) "Processing" or "process" means to subject brine or other wastes to mechanical or physical procedures.

(QQ) "Production operation" has the same meaning as in section 1509.01 of the Revised Code.

(RR) "Professional engineer" and "professional surveyor" have the same meanings as in section 4733.01 of the Revised Code.

(SS) "Qualified person" means a person that has specific training, expertise and experience that meets common industry standards for performing specific testing and inspections to verify component and system integrity and is not an employee or operator of the oil and gas waste facility whose components or systems are being assessed.

(TT) "Reagent" means a product or chemical used in processing or treating brine or other waste substances.

(UU) "Reclamation" means actions taken upon closure of an oil and gas waste facility to decommission, assess, remediate, and restore a former oil and gas waste facility site to conditions that do not present a threat to human health or safety or to the environment.

(VV) "Recommendation of occupancy" means approval of a building or structure for the purpose under which the building or structure is to be used.

(WW) "Recycling" or "recycle" means to process or treat brine or other waste substances in order to use again.

(XX) "Record" means information developed and maintained during the operation of an oil and gas waste facility. "Record" includes, but is not limited to, logs of storm water discharge, verification of integrity results, manifests, analytical testing results related to the manifests, standard operating procedures, and log of inspections.

(YY) "Record drawings" means a revised set of drawings generated from the as-built construction drawings that are signed, sealed, and submitted by a professional engineer after completion of construction of an oil and gas waste facility that reflect all modifications made during construction to an application approved under Chapter 1501:9-6 of the Administrative Code and show the dimensions, geometry, and location of all elements of the work completed.

(ZZ) "Remedial action plan" means a plan prepared by an environmental professional that describes mitigations of any negative impacts from the operation of the oil and gas waste facility and the potential to cause harm to human health, safety, or the environment and includes all of the following:

(1) A means to determine the vertical and horizontal extents of the contaminants' migration;

(2) Appropriate cleanup standards for any contaminants of concern

(3) A course of action on how to remediate the contaminated soils, ground water, and surface water; and

(4) A schedule of implementation.

(AAA) "Remedial action report" means a detailed report prepared by an environmental professional that explains all remedial actions performed pursuant to a remedial action plan and includes all of the following:

(1) A tabular summary of all groundwater, surface water, and soil sampling analytical laboratory results;

(2) A map identifying sample locations;

(3) A description of and rationale for all sampling activities;

(4) A description of sampling protocols;

(5) All analytical laboratory data;

(6) Manifest(s) for the lawful disposal or recycling of waste substances removed during the remedial actions; and

(7) Conclusions of the environmental professional upon completion of the remedial action phase.

(BBB) "Secondary containment" means a structure, including but not limited to, a tank, vessel, berm, dike, pipe, liner, vault, curbing, drip pan, sump, or other equipment constructed or placed in a manner to temporarily contain a release of brine or other waste substance from primary containment and to prevent the brine or other waste substance from coming into contact with the ground water or the land, or to be discharged or likely to be discharged into surface water.

(CCC) "Short-term oil and gas waste facility" means an oil and gas waste facility that allows for temporary storing, recycling, treating, or processing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued thereunder.

(DDD) "Site assessment plan" means a plan prepared and performed by an environmental professional that sets forth the criteria and evaluations to be used to determine if operations of an oil and gas waste facility impacted the soil, surface water, and/or groundwater, which describes screening and visual inspection of the oil and gas waste facility and soil samples, groundwater, and surface water samples analyzed for contaminants of concern and includes a schedule of implementation.

(EEE) "Site assessment report" means a report prepared by an environmental professional that describes the sampling methodology and rationale, procedures for collection of samples, comparison of analytical data to background samples, conclusions based on the comparison of the analytical data determining whether remedial actions are necessary, and all supporting laboratory results.

(FFF) "Site restoration inspection" means an inspection by the chief with the permittee or the permittee's designee to review the site of a reclaimed oil and gas waste facility to ensure compliance with the approved site restoration plan.

(GGG) "Site restoration plan" means a plan that details the proposed restoration of an oil and gas waste facility and that includes construction documents prepared by a professional engineer and an implementation schedule.

(HHH) "Solid" means a waste substance that passes the United States environmental protection agency standard "SW-846 Test Method 9095B: Paint Filter Liquids Test."

(III) "Stabilization" means treating a waste to permanently bind or eliminate the fluid content in the waste substance.

(JJJ) "Stabilization agent" means a material such as portland cement, quick lime (calcium oxide), or other material approved by the chief that binds or chemically reacts with the liquid component in a waste and results in a solid that when compressed does not release brine or other liquid.

(KKK) "Storing" or "store" means to accumulate or collect with a means for ultimate disposal of the brine or other waste substances.

(LLL) "Surface facility" means a facility that is solely connected to a class II disposal well for the purposes of filtering, storing, or filtering and storing brine prior to injection and the facility has a total nominal storage volume of twelve thousand barrels or less.

(MMM) "Suspension" means a waste substance that is not a solid and is not a fluid.

(NNN) "Technologically enhanced naturally occurring radioactive material" or "TENORM" has the same meaning as in section 3748.01 of the Revised Code. "TENORM" includes all of the following if the radionuclide concentrations have been increased by or as a result of past or present human activities:

(1) Proppants previously used in a well;

(2) Oil-based drilling mud, water-based drilling mud, brine, and other fluids that have been circulated in a well;

(3) Solids accumulated in pipes, valves, or equipment that convey brine or oil and gas waste substances;

(4) Solids that have settled to the bottom of containments that have been used to store, recycle, treat, or process brine or oil and gas waste substances;

(5) Rinsate generated from the cleaning or washing of vessels, containments, pipes, or equipment associated with a production operation or the transportation of brine and other waste substances;

(6) Filter media used to remove particulates and solids from oil and gas related fluids; and

(7) Any other material that is mixed with any substance identified in this paragraph.

(OOO) "Temporary" means a period of time that does not exceed one year from the receipt of a letter of commencement.

(PPP) "Treating" or "treat" means to subject brine or other waste substances to chemical procedures.

(QQQ) "Verification of integrity" means the testing or inspection in accordance with industry standards of all primary containment, secondary containment, equipment, piping systems, and other appurtenances at the oil and gas waste facility that are performed by a qualified person and are of the appropriate type for the component and system being tested or inspected.

(RRR) "Well" has the same meaning as in section 1509.01 of the Revised Code.

Last updated January 13, 2022 at 8:32 AM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-4-04

(A) This rule applies to oil and gas waste facilities. This rule applies to both a long-term and a short-term oil and gas waste facility unless specifically excluded within this rule. An oil and gas waste facility shall be designed, constructed, and operated in a manner that safely supports the proposed operations occurring at the oil and gas waste facility and in a manner that protects public health and safety and prevents damage to the environment. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.

(B) Permit and document requirements. For an application submitted or a permit issued under this rule, all of the following apply:

(1) On and after the effective date of this rule, no person may begin construction of or modify, amend, alter, or revise an oil and gas waste facility prior to issuance of a permit by the chief approving an application submitted under this rule.

(2) A permit is specific to the location at which an oil and gas waste facility is located and the location cannot be changed after the issuance of a permit.

(3) The operator of a short-term oil and gas waste facility may submit an application for renewal of its permit no later than thirty days prior to the permit's expiration. The chief may approve the renewal one time only if the permit application is identical to the original application. A person may only change a short-term oil and gas waste facility to a long-term oil and gas waste facility if an application is filed and approved by the chief. A permit to construct an oil and gas waste facility cannot be amended to change the type of permit issued.

(4) The chief may require the applicant or permittee to submit additional information pertaining to the design, construction, or operation of the proposed or permitted oil and gas waste facility that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.

(1) Application form prescribed by the chief.

(2) Description. A description of the proposed operations at the oil and gas waste facility that includes the following, if applicable:

(a) A summary of the design flow;

(b) A summary of the total primary containment capacity and of each individual primary containment capacity, that includes, at a minimum, volume of containment, type of containment, contents in containment, and location of containment;

(d) Chemical processes, including disclosure of each reagent and a general description of its function in the process;

(e) Discharge prevention measures from storage vessels and secondary containment, such as overfill protection, shut-off valves, and leak detection systems;

(f) Leak detection method for pipelines;

(g) Procedures for loading, unloading, transferring, and other means of handling of brine, other waste substances, or reagents;

(h) Methods of metering and tracking the system throughput, including details on how brine will be separated and tracked by those subject to fee(s) pursuant to division (H) of section 1509.22 of the Revised Code;

(i) Identification of the proposed final disposition of all brine and other waste substances handled or wastes generated by the oil and gas waste facility, that may include, disposal in an Ohio licensed solid waste landfill, an out-of-state landfill, a class II injection well, oil and gas waste facility, and reuse at another production operation. Wastes generated may include, but not be limited to, tank bottoms, filter media, process rinsate, precipitates, sludge and sediment; and

(j) Identification of any class II disposal well(s) by API number which are proposed to be connected to the oil and gas facility.

(3) Facility plans. The plans will include the detailed drawings, reports, plans, and information specified under paragraphs (C)(3)(a) to (C)(3)(c) of this rule.

(a) Design and construction drawings. The design and construction drawings will include all of the following:

(i) A title page that contains the name of the applicant; emergency contact information to be used during construction; the name of the oil and gas waste facility; the county, township, and section or lot number where the proposed facility will be located; coordinates of the intersection of the centerline of the entrance apron at the public right-of-way using latitude and longitude, in a format of decimal degrees, to a minimum of six decimal places; and a sheet index;

(iii) A plan sheet sealed by a professional surveyor showing the location of the proposed oil and gas waste facility boundary and the control points used to generate the map;

(iv) The scale in feet, legend, graphical scale, and north arrow;

(v) A general layout, plan views, elevations, sections, and supplementary views that in conjunction with the specifications provide the working information related to all aspects of the proposed construction, which also locate all elements horizontally in relation to the "North American Datum of 1983" and vertically in relation to the "North American Vertical Datum 1988";

(vi) The proposed and existing contours with an intermediate contour interval not greater than two feet and an index not greater than ten feet;

(vii) Scaled detail drawings for all buildings and improvements including supporting drawings such as, electrical, plumbing, structural, and life safety;

(viii) Scaled detail drawings for components including pumps, piping and valves of each system proposed that will be used for storage, recycling, treatment, processing, or disposal;

(ix) Scaled detail drawings for all primary containment and secondary containment systems proposed and their capacities;

(x) Scaled detail drawings for any engineering controls and features proposed for radiological protections;

(xi) A plan sheet that identifies the traffic flow patterns of all transport vehicles within the proposed oil and gas waste facility;

(xii) Emergency release conveyance map. An emergency release conveyance map includes all of the following on a separate drawing sheet:

(a) Locations downslope of the proposed oil and gas waste facility and any related pipelines where response resources may be deployed for the purposes of containment in the event of an emergency release using latitude and longitude, in a format of decimal degrees, to a minimum of six significant decimal places;

(b) Flow path and identification of nearest receiving streams, rivers, watercourses, ponds, lakes, or other bodies of water where fluids may migrate from the proposed facility; and

(c) Pipes, ditches, and other conveyances, and hydraulic control structures identified in the storm water hydraulic report and in the sediment and erosion control plan.

(xiii) The classified soil types within one hundred feet of and within the proposed oil and gas waste facility boundary. Soils should be classified consistent with the United States department of agriculture soil series;

(xiv) Plugged wells, producing wells, idle and orphaned, and class II disposal wells that are located within one hundred feet of and within the proposed oil and gas waste facility boundary. The information regarding the wells may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources;

(xv) Structural and geotechnical components that are to be located within the proposed oil and gas waste facility boundary, including those identified in the geotechnical report;

(xvi) Geotechnical borings and other geotechnical investigative information or data, which are located within the proposed oil and gas waste facility boundary, as identified in the geotechnical report;

(xviii) All springs, wetlands, streams, lakes, rivers, ponds, and creeks which may be identified using reasonably available public resources and a field review, within two hundred feet of and within the proposed oil and gas waste facility boundary;

(xix) All developed springs and water wells, which may be identified using reasonably available public resources and a field review, within one thousand, five hundred feet of and within the proposed oil and gas waste facility boundary;

(xx) Surface and underground mines, which may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources, that the professional engineer determines may affect design and performance of the proposed oil and gas waste facility;

(xxi) All risk zones and hazard areas delineated on the "National Flood Insurance Rate Map" within one hundred feet of the proposed oil and gas waste boundary;

(xxii) Pipes, ditches, and other conveyances, and hydraulic control structures located within the proposed oil and gas waste facility boundary, as identified in the storm water hydraulic report and in the sediment and erosion control plan in accordance with this rule;

(xxiii) All areas within one thousand five hundred feet of the proposed oil and gas waste facility boundary that are located within the five-year time of travel associated with a public drinking water supply, as delineated or endorsed under the "Source Water Assessment and Protection Program";

(xxiv) All areas within one thousand five hundred feet of the proposed oil and gas waste facility boundary that are located within the emergency management zone of a public water system intake; and

(xxv) Any other factors that the professional engineer determines may affect the design and performance of the proposed oil and gas waste facility.

(b) Reports and plans.

(i) Design calculations for all secondary containment performed in accordance with rule 1501:9-6-08 of the Administrative Code.

(ii) Storm water hydraulic report. A storm water hydraulic report that includes hydraulic design documentation for all pipes, ditches and other conveyances, and hydraulic control structures of surface water within or from the proposed oil and gas waste facility. Storm water and hydraulic control structures may need to be capable of managing a ten-year storm event with a means to capture and screen the storm water for potential contamination prior to lawful discharge from the oil and gas waste facility, which are located within environmentally sensitive areas or as required by the chief. In addition, a report will include all of the following:

(a) A delineation of contributing drainage area boundaries and size, measured in acres;

(b) A detailed description or drawing that shows the installation requirements of all pipes, ditches, and other conveyances and hydraulic control structures;

(d) An analysis, performed by the professional engineer, of the integrity and capacity for all existing pipes, ditches, and conveyances; and

(e) The supporting calculations used to design the storm water conveyance system.

(iii) Sediment and erosion control plan. A sediment and erosion control plan for the proposed oil and gas waste facility that describes procedures to minimize the discharge of construction related sediment to any area outside of the proposed oil and gas waste facility boundary. In addition, a plan will include all of the following:

(a) Sediment and erosion controls consistent with generally accepted engineering design criteria and controls that comply with the manufacturer's specifications;

(b) A sediment basin or sediment trap if the proposed oil and gas waste facility is within or includes a total contributing drainage area that is greater than five acres in size. The minimum capacity of the sediment basin or sediment trap shall be one hundred seventeen cubic yards and designed in accordance with the "Ohio Department of Natural Resources Rainwater and Land Development Manual" as defined in Chapter 1501:9-12 of the Administrative Code;

(c) An identification of the location of each outlet of all confined discrete conveyances that may leave the proposed oil and gas waste facility;

(d) A delineation of contributing drainage area boundaries and size, measured in acres; and slope, length, and percent graded, that will be used to design the proposed sediment and erosion controls;

(e) A description of the soil stabilization measures, including vegetation, mulch, and other means of controlling erosion that will be used at the proposed oil and gas waste facility. In addition, a schedule of the implementation of the soil stabilization measures will be included; and

(iv) Geotechnical report. A geotechnical report is specific to the location of the proposed oil and gas waste facility, describes the proposed facility geotechnical site conditions, design considerations that address the geotechnical conditions, and construction requirements for the proposed facility that address the geotechnical conditions, and discloses the results of a surface and subsurface investigation of the proposed facility site. In addition, a report includes all of the following:

(a) An analysis of slope stability, bearing capacity, and settlements that have the potential to negatively impact the performance of the proposed oil and gas waste facility site;

(b) Geotechnical borings or other geotechnical engineering standard investigative means, of sufficient depth and quantity to substantiate the design;

(e) An interpretation and analysis of the data required for the geotechnical report;

(f) An explanation of the geotechnical design constraints;

(g) Cross-sections through borings, critical slopes, and impacted infrastructure used in geotechnical calculations;

(h) The factor of safety for slope stability and bearing capacity. The factor of safety for slope stability cannot be less than 1.5 and the factor of safety for bearing capacity shall not be less than 3.0; and

(i) Documents showing calculations used to determine the factor of safety and a detailed explanation of each assumption and reference used in the calculations.

(v) Dust control plan. A dust control plan that includes all of the following:

(a) An identification of the dust control measures to be used during construction and throughout the life of the proposed oil and gas waste facility;

(b) A description of the conditions for when the dust control measures are used;

(c) The name and contact information of the person who is responsible for the implementation of the dust control plan and the name of the person who has the authority to stop work if dust generated at the oil and gas waste facility is not in accordance with the dust control plan; and

(d) A description of the methods and procedures to be used to evaluate and document all complaints related to dust generation.

(vi) Radiation protection program (RPP). A radiation protection program for approval by the chief for any oil and gas waste facility that receives, possesses, uses, processes, transfers, or disposes of technologically enhanced natural occurring radioactive material (TENORM) from oil and gas wells or production operations.

(vii) Environmental assessment. A phase I environmental assessment that complies with the standards established in ASTM E1527-13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" as defined in Chapter 1501:9-12 of the Administrative Code.

(viii) Easements. A statement attesting the applicant has the right to install and maintain any pipelines.

(i) Material specifications, that include, but are not limited to storage vessels, containment systems, piping, pipelines, pumps, valves, meters; and

(ii) Safety data sheets for each substance that will be used at the proposed oil and gas waste facility.

(d) The chief may waive any item required to be submitted under paragraphs (C)(3)(a) to (C)(3)(c) of this rule after review of a written request submitted by the applicant with the application. A request of a waiver is to include a detailed explanation of the basis for the request.

(D) Review procedure

(1) General review procedure

(a) After receipt of any submittal or notification of completeness for a procedure identified in figures 1, 2, and 3, the chief will review the submittal to determine if the submittal is compliant with the requirements of this rule within the times identified in figures 1, 2, and 3, as applicable. If after submittal, the chief identifies items that are necessary to ensure the submittal complies with the requirements of this rule, the chief will notify the applicant or permittee of the items that are necessary with a letter of deficiency. For any period of time specified in figure 1, 2, or 3, the date will be determined by the action of the division.

(b) The applicant or permittee may submit a revised submittal or revised portions of the submittal with an identification of all the revisions. The chief may require the resubmission of the entire submittal. If the applicant or permittee has not submitted the revised submittal or revised portions of the submittal in accordance with the times established in figures 1, 2, and 3, as applicable, the chief may issue an order denying the submittal. The chief will review the revised submittal or revised portions of the submittal in accordance with the times established in figures 1, 2, and 3, as applicable. The chief may approve a longer period of time for any of the revised submittal or site review times established in figures 1, 2, and 3, as applicable, upon written request by the applicant or permittee.

(c) Failure by the applicant or permittee to submit documents compliant with this rule within three hundred and sixty-five calendar days of issuance of the initial letter of deficiency, will result in the termination of the application and the return of application to the applicant.

(d) After completing the review of all submittals, the chief will either issue a permit or deny the issuance of a permit by order.

(2) Completeness review. The chief will review the application for the oil and gas waste facility in accordance with figure 1 to determine if the application is a complete application. When the chief determines that the application is complete, the applicant will be notified in writing.

Figure 1

(3) Upon determination that the application for an oil and gas waste facility is a complete application, the chief will submit the design and construction documents to the department of commerce, division of industrial compliance if applicable. The division of industrial compliance will review the submitted design and construction documents for compliance with Ohio building code on behalf of the division.

(4) Preliminary site review. A preliminary site review will be performed in accordance with the time established in figure 2 or 3, as applicable. Prior to the preliminary site review, the applicant is to install stakes verified by the maps and drawings submitted according to this rule at the proposed oil and gas waste facility in a quantity and in a manner that delineates the proposed oil and gas waste facility, including the proposed oil and gas waste facility boundary, the corners of all proposed structures, proposed roads, features and areas that are identified in the application that will remain undisturbed, and all other elements that allow an understanding of the planned construction of the proposed oil and gas waste facility. At the preliminary site review, the chief may conduct a physical review of the location of the proposed oil and gas waste facility, discuss the application, identify elements that are necessary to ensure compliance with the requirements of this rule, and identify site-specific terms and conditions that may be attached to the permit for an oil and gas waste facility.

(5) Public notice process. Paragraph (E)(5) of this rule does not apply to an oil and gas waste facility operating under an authorization by the chief prior to the effective date of this rule or to an application for a short-term oil and gas waste facility. The chief may combine multiple applications from the same applicant, including an application for a permit to drill a class II disposal well connected to the oil and gas waste facility, into a single public notice process.

(a) Within fifteen business days after the chief's determination that an application for a permit for an oil and gas waste facility is complete, the division will provide public notice of the application by posting the application on the division's website.

(b) Within fifteen business days after the chief's determination of a complete application, the applicant shall provide notice of application in the appropriate following format:

(i) Provide by hand delivery or certified mail a notice of application to all of the following:

(a) The owner of each parcel of real property that is located within one thousand five hundred feet of the boundary of the proposed long-term oil and gas waste facility. For the purposes of determining the identity of each owner of a parcel of real property as of the date of the notice of application, the applicant may use the tax records of the county auditor of each county in which a parcel of real property is located;

(b) The county commissioners and the executive authority of each municipal corporation or the board of township trustees of each township, as applicable, in which the proposed oil and gas waste facility is to be located; and

(ii) Published in a newspaper of general circulation in the county in which the proposed well is located either for five consecutive days or two consecutive editions of a weekly newspaper.

(iii) The applicant shall submit an affidavit attesting to the delivery and date of delivery to those entitled to notice of application, and the proof of publication and publication dates in accordance with paragraph (D)(5)(b) of this rule. The affidavit of delivery of notice will be submitted on a form prescribed and provided by the division and will include a list of all persons notified in paragraph (D)(5) of this rule. The applicant shall retain copies of proof of notification and publication for a period of up to two years and be made available to the chief upon request.

(i) Any person desiring to comment or to make an objection with reference to an application for a permit under this rule shall file such comments or objections, in writing, with the division of oil and gas resources management, 2045 Morse road, building F, Columbus, Ohio 43229 or electronically through the division of oil and gas resources management website. In order for a comment or objection to be reviewed by the chief, a comment or objection must be filed with the division no later than thirty calendar days from the date of the posting of the public notice on the division's website and include the name and mailing address of the person making the comment or objection.

(ii) Before the end of the public comment period as established in this rule, any person receiving notification in paragraph (D)(5)(b) of this rule may request a public meeting. The division will hold a meeting, at a location and in a format to be determined by the chief. The division will provide notice of the public meeting at least thirty calendar days prior to the meeting. The notice will provide the date, time, format, and location of the public meeting via a posting on the division's website. The division also will provide the same notice to the applicant. Only those comments provided at the meeting, orally or in writing, will be reviewed by the chief. If the chief receives no requests for public meeting within the established public comment period, no meeting will be held.

(iii) The chief will review all received comments and objections within sixty calendar days after the end of the comment period or within forty-five calendar days after the conclusion of the public meeting to determine if the comments raise any legal or technical deficiency in the application related to Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code or to determine if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code. If the chief determines no deficiency exists or if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code, the public notice process is complete. The chief is not required to respond to each comment received. If the chief determines a comment or objection identifies a legal deficiency or technical deficiency in the application, the application will be returned to the applicant for correction of any deficiency within thirty calendar days.

(iv) Upon submittal of a revision to an application or an amendment to a permit, the chief will determine if all or any portion of paragraph (D)(5) of this rule is to be repeated by the applicant.

(6) Technical review. The chief will perform a technical review of the application for a permit for an oil and gas waste facility in accordance with the times established in figures 2 and 3 as applicable, to determine if the application for the proposed oil and gas waste facility complies with the requirements of this rule.

Figure 2

Figure 3

Last updated July 10, 2026 at 11:03 PM

History

Effective: January 13, 2022
Promulgated Under: 119.03

Ohio Adm.Code 1501:9-3-01