Chapter 1501:9-3 Saltwater Operation

1501:9-3-01 Definitions.

(A) "Person" means any political subdivision, department, agency, or instrumentality of this state; the United States and any department, agency, or instrumentality thereof; and any legal entity defined as a person under section 1.59 of the Revised Code.

(B) "Chief" means chief, division of oil and gas.

(C) "Division" means division of oil and gas, Ohio department of natural resources.

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

(E) "Saltwater" means any and all nonpotable water resulting, obtained, or produced from the exploration, drilling, or production of oil or gas.

(F) "Subject tract" means a tract upon which a person proposes to drill, reopen, deepen, plug back, or rework a well for the injection of saltwater.

(G) "Well" means any borehole, whether drilled or bored, within the state, for production, extraction, or injection of any gas or liquid mineral, excluding potable water to be used as such, but including natural or artificial brines and oil field waters.

(H) "Existing well" means any well for which a drilling permit was issued by the division prior to June 1, 1982.

(I) "Injection well owner" means a person with the right to inject saltwater on a subject tract.

(J) "Barrel" means a quantity of liquid equal to forty-two U.S. gallons.

(K) "Mg/L" means milligrams per liter.

Eff 1-22-75; 6-1-82
Rule promulgated under: RC 119.03
Rule authorized by: RC 1509.01
119.032 Review Date: 9-16-03

1501:9-3-02 Exceptions.

Chapter 1501:9-3 of the Administrative Code shall not apply to input wells for gas or air, service wells, enhanced recovery wells, natural or artificial brine wells, wells drilled into gas storage reservoirs, or wells for the exploration for or extraction of minerals or energy, including but not limited to the mining of sulfur by the Frasch process, the solution mining of minerals, the in-situ combustion of fossil fuels, or the recovery of geothermal energy.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.22

Rule Amplifies: 119.03

Prior Effective Dates: 1/22/75, 6/1/82

1501:9-3-04 Prevention of contamination and pollution.

(A) All persons engaged in any phase of saltwater disposal operations shall conduct such operations in a manner which will not contaminate or pollute the surface of the land, or water on the surface or in the subsurface. Saltwater shall be stored, transported, and disposed of by the method prescribed in Chapter 1501:9-3 of the Administrative Code, or in such other method as the chief may approve.

(B) All persons, except employees not acting in the capacity of a contractor, engaged in any phase of transportation and disposal of saltwater operations shall supply to the Division of Mineral Resources Management by the fifteenth day of April of each year an annual report containing the following information:

(1) Quantities of saltwater hauled and/or disposed of during the previous calendar year according to methods of measurement used in the industry; and

(2) The location of the disposal and the quantity of saltwater disposed of at each location. If the site of disposal is an injection well, the well shall be named by permit number, lease name, section or lot number, township, and county in which the well is located.

Eff 1-22-75; 6-1-82; 4-15-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1509.22
Rule amplifies: RC 1509.22
RC 119.032 review dates: 9/16/03, 1/27/04, 4/15/09

1501:9-3-05 Construction of and conversion to saltwater injection wells.

(A) Each saltwater injection well permitted after June 1, 1982 shall be constructed in the following manner:

(1) Surface casing shall be free of apparent defects and set at least fifty feet below the deepest underground source of water containing less than ten thousand mg/L chlorides, and sealed by circulating cement to the surface under the supervision of the division. In the event cement fails to circulate to the surface, the division may approve a remedial course of action.

(2) Isolation of injected fluids shall be by the use of casing mechanically centralized and enclosed in cement to a height no less than three hundred feet above the top of the injection zone.

(3) Injection of saltwater shall be through tubing and a packer set no more than one hundred feet above the injection zone and installation of such shall be under the supervision of the division. A fitting to the tubing of a size and type specified by the division on the permit and accessible at the surface shall be installed.

(4) To verify the quantity of cement used in an injection well, either a cement bond log, cement records, or verification by the division of the number of sacks of cement will be deemed sufficient evidence.

(5) Each injection well owner or his agent shall give the appropriate mineral resources inspector reasonable notice in advance of the time of the cementing, placing and removing of casing, installation of tubing and packer, and initial injection. A division office shall be notified when the appropriate inspector cannot be contacted. Said work shall be done pursuant to the instructions of a representative of the division in accordance with Chapter 1509. of the Revised Code and Chapter 1501:9-3 of the Administrative Code.

(6) All saltwater storage facilities shall be constructed so as to prevent pollution to surrounding surface and subsurface soils and waters.

(7) The chief may grant a variance to the construction requirement established in paragraphs (A)(1), (A)(2), and (A)(3) of this rule if the proposed volume of injection is less than twenty-five barrels a day at minimal pressures, or if the chief determines that the variance sought will result in the construction of an injection well equivalent in its ability to protect underground sources of water containing less than ten thousand mg/L total dissolved solids or less than five thousand mg/L chlorides.

(B) Any well permitted before June 1, 1982 may be converted to a saltwater injection well if the following criteria are met:

(1) The surface casing shall be free of apparent defects and either cemented or properly sealed with prepared clay through the deepest underground source of water containing less than ten thousand mg/L total dissolved solids or less than five thousand mg/L chlorides.

(2) Isolation of injected fluids shall be by the use of casing enclosed in cement to a height no less than three hundred feet above the top of the injection zone.

(3) Any open formation not to be utilized for injection shall be abandoned in accordance with sections 1509.13 and 1509.15 of the Revised Code.

(4) Injection of saltwater shall be through tubing and a packer set no more than one hundred feet above the injection zone, and installation of such shall be under the supervision of the division. A fitting to the tubing of a size and type specified by the division on the permit and accessible at the surface shall be installed.

(5) To verify the quantity of cement or clay used in a conversion well, either cement or clay records, verification by the division of the number of sacks of cement or clay, a cement bond log, or other geophysical borehole logs shall be deemed sufficient evidence.

(6) Each injection well owner or his agent shall give the appropriate mineral resources inspector reasonable notice in advance of the time of the cementing, placing and removing of casing, installation of tubing and packer, and initial injection. A division office shall be notified when the appropriate inspector cannot be contacted. Said work shall be done pursuant to the instructions of a representative of the division in accordance with Chapter 1509. of the Revised Code and Chapter 1501:9-3 of the Administrative Code.

(7) All saltwater storage facilities shall be constructed so as to prevent pollution to surrounding surface and subsurface soils and waters.

(8) The chief may grant a variance to the conversion requirements described in paragraphs (B)(1), (B)(2), and (B)(4) of this rule if the proposed volume of injection is less than twenty-five barrels a day at minimal pressures, or if the chief determines that the variance sought will result in an injection well equivalent in its ability to protect underground sources of water containing less than ten thousand mg/L total dissolved solids or less than five thousand mg/L chlorides.

(C) Initial tesing of construction. Prior to commencement of injection operations in any injection well, the casing outside the tubing shall be tested under the supervision of the division. This test shall consist of pressurizing the annulus between the tubing and the casing outside the tubing to an amount equal to the maximum allowable injection pressure, as described in paragraph (D) of rule 1501:9-3-07 of the Administrative Code, or at a pressure of three hundred pounds per square inch(psi), whichever is greater, for a duration of at least fifteen minutes with no more than a five per cent decline in pressure, unless otherwise approved by the division. In addition, any well in which a formation is abandoned in accordance with paragraph (B)(3) of this rule shall, prior to perforating, have the casing and plug pressure tested under the supervision of the division at a pressure that is 1.25 times the maximum allowable injection pressure as described in paragraph (D) of 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 division.

Eff 1-22-75; 6-1-82; 4-15-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1509.13 , 1509.15 , 1509.22
Rule amplifies: RC 1509.22
RC 119.032 review dates: 9/16/03, 1/27/04, 4/15/09

1501:9-3-06 Permit.

Any person who proposes to construct, convert to, or operate a brine injection well shall submit an application for a permit to the division on a form provided by the division.

(A) Permit required. Unless an appropriate application has been approved by the chief and a permit issued by the division, no person shall drill, reopen, deepen, plug back, rework, or use a well for brine injection. In order to evaluate the potential for injection, the chief may authorize injection without a permit for a period not to exceed forty-eight hours subject to specific conditions. Prior authorization in writing is required.

(B) Area of review. An application for a brine injection well filed with the division under this rule shall be evaluated on the basis of an "area of review" surrounding the proposed injection well. The area of review shall be designated in the following manner:

(1) The area of review for wells in which injection of greater than an average volume of two hundred barrels per day per year is proposed shall be the area circumscribed by a circle with the center point at the location of the injection well and having a radius of one-half mile.

(2) The area of review for wells in which a maximum injection of an average volume of two hundred barrels per day per year is proposed shall be the area circumscribed by a circle with the center point at the location of the injection well and having a radius of one-quarter mile.

(3) An area of review other than one described in paragraph (B)(1) or (B)(2) of this rule may be designated by the chief for good cause shown.

(C) The chief may require the following tests or evaluations of a proposed brine injection well, in any combination that the chief deems necessary:

(1) Pressure fall-off testing;

(2) Geological investigation of potential faulting within the immediate vicinity of the proposed injection well location, which may include seismic surveys or other methods determined by the chief to assist in identifying potential faulting within the immediate vicinity of the proposed injection well;

(3) Submittal of a plan for monitoring seismic activity;

(4) Testing and recording the original bottomhole injection interval pressure;

(5) Gamma ray, compensated density-neutron, and resistivity geophysical logging suite on all newly drilled injection wells. All geophysical logs shall be submitted to the division within sixty days of completion of well drilling;

(6) Radioactive tracer or spinner survey; and

(7) Any such other tests that the chief deems necessary. The applicant may request a meeting with the chief to discuss any test deemed necessary.

(D) If the chief requires the performance of tests or evaluations of a proposed injection well pursuant to paragraph (C) of this rule, the applicant shall refrain from injecting any fluid into the injection well until the chief has evaluated the results of any tests performed. The chief shall have the right to withhold authority to inject fluids based upon the results of the tests performed, and may order the plugging of the well if deemed necessary.

(E) The chief, in his discretion, may implement graduated maximum allowable injection pressure requirements based upon data provided in the permitting process and any applicable testing requirements.

(F) Application for permit. The application for a permit shall contain the following information:

(1) The name and address of the injection well owner and his signature or that of his authorized agent. When a person signs as agent, a certified copy of his appointment shall accompany the application, or be on file with the division;

(2) The names and addresses of all holders of the land owner's royalty interest of record, or holders of the severed oil and gas mineral estate of record in the subject tract;

(3) The names and addresses of all owners or operators of wells within the area of review producing from or injecting into the same formation proposed as the injection formation;

(4) The date of application;

(5) The location of the subject tract identified by county, township, section or lot number, or other necessary geographic subdivisions;

(6) The designation of the well by lease name and number, and the drilling permit number, if available;

(7) The name, description and depth of the geological zone or formation into which injection is to be made, including, if an existing well is utilized, an accurate driller's log, geological log, or electric log of the proposed injection well, and any testing data on such well;

(8) A description of the following:

(a) The casing, cementing or sealing with prepared clay if an existing well is to be converted, or the casing and cementing program proposed for a new well;

(b) The proposed method for testing the casing;

(c) The method proposed for completion and operation including the stimulation program; and

(d) The proposed unloading, surface storage and spill containment facilities.

(9) If required so as not to violate rule 1501:9-3-12 of the Administrative Code, a proposed corrective action of wells penetrating the proposed injection formation or zone within the area of review;

(10) A schematic drawing of the subsurface construction details of the proposed injection well;

(11) The estimated average and maximum amount of brine to be injected daily into the proposed injection well, and the method which will be used to measure the actual amount of brine injected into the well;

(12) The estimated average and maximum pressure to be used for injecting brine into the proposed injection well, and the method which will be used to measure the actual daily injection pressure; and

(13) The information required by section 1509.06 of the Revised Code and any other information the chief may request to ensure compliance with the Chapter 1509. of the Revised Code.

(G) Map. Each application for a permit shall be accompanied by a map or maps showing and containing the following information:

(1) The subject tract of land upon which the proposed injection well is to be located;

(2) The location of the proposed injection well on the subject tract established by a field survey, prepared by an Ohio registered surveyor, showing distances in feet from the proposed wellsite to the boundary lines of the subject tract, and to the nearest permanent geographic subdivision boundaries, and showing the location within fifty feet in relation to the plane coordinate system;

(3) The geographic location of all wells penetrating the formation proposed for injection, regardless of status, within the area of review;

(4) All holders of the land owner's royalty interest of record, or holders of the severed oil and gas mineral estate of record in the subject tract; and

(5) All owners or operators of wells producing from or injecting into the same formation proposed as the injection formation.

(H) Notice of application, hearings, and order.

(1) Notice of application for a permit for a brine injection well shall be given by the following method:

Upon receipt of an application for a brine injection well permit, the division shall, within fifteen working days, review the application to verify that the required information has been submitted. After a determination by the division that the application is complete as required by this rule, it shall be date-stamped by the division and the applicant shall be notified. Notification of the application shall be published by the division in the weekly circular in accordance with section 1509.06 of the Revised Code. In addition, a legal notice shall be published by the applicant in a newspaper of general circulation in the county in which the proposed well is situated for a period of not less than five consecutive days. A copy of the legal notice shall also be delivered to all owners or operators of wells within the area of review producing from or injecting into the same formation proposed as the injection formation. Proof of publication, publication dates, and an oath as to the delivery to those entitled to personal notice shall be filed with the division within thirty days after the application was date-stamped by the division. The legal notice shall contain at least the following information:

(a) The name and address of the applicant;

(b) The location of the proposed well;

(c) The geologic name and depth of the proposed injection zone;

(d) The maximum proposed injection pressure;

(e) The proposed average daily injection volume;

(f) The fact that further information can be obtained by contacting either the applicant or the division;

(g) The address or phone number of the division; and

(h) The fact that for full consideration all comments or objections must be received by the division, in writing, within fifteen calendar days of the last date of the published legal notice.

(2) Comments and objections.

(a) Any person desiring to comment or to make an objection with reference to an application for a permit to construct, convert to, or operate a brine injection well shall file such comments or objections, in writing, with the "Underground Injection Control Section, Division of Oil and Gas Resources Management, 2045 Morse Road, Columbus, Ohio 43229." Such comments or objections shall be filed with the division no later than fifteen calendar days from the delivery of notice or from the last publication date in a newspaper of general circulation in the county in which the proposed project is situated.

(b) If no objections are received within the fifteen-day period, the chief shall consider that no objection exists and shall issue a permit unless he finds that the application does not comply with the requirements of Chapter 1501:9-3 of the Administrative Code, is in violation of law, jeopardizes public health or safety, or is not in accordance with good conservation practices.

(c) If an objection is received, the chief shall rule upon the validity of the objection. If, in the opinion of the chief, such objection is not relevant to the issues of public health or safety, or to good conservation practices, or is without substance, a permit shall be issued. If the chief considers any objection to be relevant to the issues of public health or safety, or to good conservation practices, or to have substance, a hearing shall be called within thirty days of receipt of the objection. Such hearing shall be held at the central office of the division or other location designated by the chief. Notice of the hearing shall be sent by the chief to the applicant and to the person who has filed the objection.

(d) If the chief finds, after hearing, and upon consideration of the evidence and the application, that the following conditions have been met, the application shall be approved and a permit issued; otherwise, the chief shall deny the permit:

(i) The application complies with the requirements of Chapter 1501:9-3 of the Administrative Code;

(ii) The method of injection proposed in the application will not be in violation of law; and

(iii) The proposed method of injection will not jeopardize public health or safety, or the conservation of natural resources.

(3) The chief shall issue an order granting or denying the brine injection well permit authorization within twenty-one calendar days after the filing date of proof of notice for a permit for which no hearing is held, or within thirty calendar days following the completion of a hearing.

(I) Bonding and transfer.

(1) Authorization, including a permit, to construct, convert to, or operate a brine injection well shall not be granted unless and until proof of financial responsibility for the well has been received and approved by the division in accordance with section 1509.07 of the Revised Code.

(2) No assignment or transfer of a brine injection well permit by the brine injection well owner shall relieve the owner of his obligations and liabilities under Chapter 1509. of the Revised Code and Chapter 1501:9-3 of the Administrative Code, unless the assignee or transferee has filed and the division has approved proof of financial responsibility for said well in accordance with section 1509.31 of the Revised Code.

(J) Display of permit. No well for the purpose of brine injection shall be drilled, reopened, deepened, plugged back, or reworked until the injection well owner has been granted a permit and unless the original permit, or a true copy thereof, is posted or displayed in a conspicuous and easily accessible place at the wellsite.

(K) Well identification. Once injection operations authorized by the permit have begun, the following information shall be posted in a conspicuous place on or near the storage tank(s): owner's name, lease name, well number, permit number, county, township, and emergency telephone number. In addition, the permit number shall be displayed in a conspicuous place on or near the wellhead.

(L) Expiration of permit.

Drilling or conversion operations authorized by a permit issued pursuant to Chapter 1501:9-3 of the Administrative Code shall begin within twelve months after the date of issue of such permit for a permit in an urban area, and within twenty-four months after the date of issue of such permit for a permit in a non-urban area, or the permit shall expire. If drilling or conversion operations have started but are not completed within the twelve month period for a permit in an urban area, and within the twenty-four month period for a permit in a non-urban area, operations shall continue with due diligence or the permit shall expire.

(M) Change of location procedure. The location of an injection well shall not be changed after the issuance of a permit unless the brine injection well owner first obtains approval from the division. If a brine injection well owner requests a change of location, he shall return the original permit and file an amended application and map for the proposed new location. Drilling or conversion operations shall not commence at a new location until a proper permit has been received and posted in accordance with section 1509.09 of the Revised Code.

Effective: 10/01/2012
R.C. 119.032 review dates: 07/11/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 1509.03 , 1509.22
Rule Amplifies: 1509.22
Prior Effective Dates: 11/6/67, 6/1/82, 4/18/84 (Emer.), 7/2/84, 6/19/89, 4/15/04

1501:9-3-07 Operating, monitoring and reporting of saltwater injection wells.

The following provisions shall apply to the operation of all saltwater injection wells:

(A) A well completion record in accordance with section 1509.10 of the Revised Code and Chapter 1501:9-3 of the Administrative Code, shall be filed with the division within thirty days after completion of or conversion to a saltwater injection well. This record shall include results of initial testing of construction as described in paragraph (C) of rule 1501:9-3-05 of the Administrative Code.

(B) The injection well owner shall notify the appropriate division of oil and gas resources management inspector when injection is to commence. A division office shall be notified when the appropriate inspector cannot be contacted.

(C) Under no circumstances shall liquids or waste matter from any source, other than saltwater from oil and gas operations or standard well treatment fluid, be injected into any injection well for which a permit is issued under Chapter 1501:9-3 of the Administrative Code.

(D) The maximum allowable operating pressure for any injection well shall be determined by one of the following methods:

(1) The formula pm = ( 0.75 - pg)d; where pm equals the maximum allowable injection pressure gradient (psi/ft), and d equals the depth to the highest perforation or the top of the open formation or injection zone; or

(2) Such other formula or test found to be accurate as applied to the facts presented in an application and approved by the division.

(E) The injection well owner shall monitor injection pressures and injection volumes for each saltwater injection well on a daily operational basis with average and maximum pressures and volumes compiled monthly and filed annually with the division on a form supplied by the division.

(F) The annulus between the casing and tubing shall be monitored during injection of fluids at least monthly at a pressure, as noted on the permit, sufficient to detect leaks or as otherwise required by the chief. Monitoring results for wells permitted prior to the effective date of this rule shall be reported to the division annually on a form supplied by the division. All wells permitted after the effective date of this rule shall be continuously monitored using a method acceptable to the chief. All data from such monitoring shall also be available for review by the division at any time and the chief may require the injection well owner to submit the data to the division on a form supplied by the division.

(G) The injection well owner shall install an automatic shut-off device set to terminate injection operations if the permitted maximum allowable surface injection pressure on the injection pump is exceeded.

(H) In the event the monitoring in paragraph (F) of this rule is not feasible as determined by the chief, the injection well owner shall show mechanical integrity once every five years. Prior to the commencement of any mechanical integrity test, the injection well owner shall notify the appropriate division of oil and gas resources management inspector, or a division office when the appropriate inspector cannot be contacted. All records of tests shall be retained by the injection well owner for a period of at least five years or until a subsequent mechanical integrity test is performed. Results of all mechanical integrity tests shall be recorded on a form provided by the division and shall be filed with the division within thirty days after the completion of the mechanical integrity test. Mechanical integrity shall be shown by one or more of the following methods:

(1) The casing, tubing, and packer shall be tested by pressurizing the annulus between the tubing and the casing outside the tubing to an amount equal to the maximum allowable injection pressure as determined in paragraph (D) of this rule 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 division;

(2) Tracer surveys;

(3) Noise logs;

(4) Temperature surveys; or

(5) Any other logs or tests considered effective by the chief.

(I) When mechanical failures or downhole problems cause contamination of the land, surface waters, or subsurface waters, the injection well owner shall cease all injection operations immediately until the chief determines that the problems have been corrected. The chief may require the injection well owner to furnish a written plan for testing or repairing the well. Within five days of receipt, the chief shall review the plan and either accept, modify, or if the plan is inadequate, order necessary corrective action. The injection well owner shall submit a description of the incident, the actions taken to correct the situation, and the results of those actions on the next required annual report as described in paragraph (E) of this rule and on the next required report as described in paragraph (F) of this rule.

(J) The division shall have the authority to sample injection fluids at any time during injection operations.

(K) Any well which is or becomes incapable of injecting fluids shall be plugged in accordance with sections 1509.13 and 1509.15 of the Revised Code unless written permission is granted by the chief. If the chief finds that a well should be plugged, the chief shall notify the injection well owner to that effect by order, in writing, and shall specify in such order a reasonable time within which to comply. No injection well owner shall fail or refuse to plug a well within the time specified in the order. Each day on which such a well remains unplugged thereafter constitutes a separate offense.

Effective: 10/01/2012
R.C. 119.032 review dates: 07/11/2012 and 10/01/2017
Promulgated Under: 119.03
Statutory Authority: 1509.03 , 1509.10 , 1509.12 , 1509.13 , 1509.15 , 1509.22
Rule Amplifies: 1509.10 , 1509.12 , 1509.13 , 1509.15 , 1509.22
Prior Effective Dates: 11/6/67, 6/1/82, 5/31/98, 4/15/04

1501:9-3-08 Temporary storage of saltwater and oil field waste.

(A) All pits used for the temporary storage of saltwater and oil field wastes shall be liquid tight and constructed and maintained so as to prevent escape of saltwater and oil field wastes. The level of saltwater in excavated pits shall at no time be permitted to rise above the lowest point of the ground surface level. All pits shall have a continuous embankment surrounding them sufficiently above the level of the surface to prevent surface water from entering. Such pits shall not be used in an area which is subject to flooding by streams, rivers, lakes or drainage ditches, unless so constructed that the pits would not normally be affected by flooding. No pit may be used for the ultimate disposal of saltwater. Saltwater and oil field wastes shall be drained or removed and properly disposed of periodically, at intervals not to exceed one hundred eighty days.

(B) Where tanks are used to contain saltwater and oil field wastes, they shall be liquid tight. Burial of any tank is prohibited except by written permission from the chief and where the burial is witnessed by an oil and gas well inspector. Steel tanks in use and proposed for use by burial shall be cathodically protected, and the chief shall make additional requirements as are necessary to prevent leakage of saltwater. No tank composed of a material other than steel shall be used for burial except by written permission of the chief. An oil and gas well inspector may gauge any tank at any time to determine if leakage is occurring.

(C) Pits may be used for the temporary storage of frac-water and other liquid substances produced from the fracturing process, but upon termination of the fracturing process, pits not otherwise permitted by this rule shall be emptied, the contents disposed of in accordance with law and the pits filled in, unless this requirement is waived or extended as provided in section 1509.072 of the Revised Code.

(D) 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.

(E) Any violation of any requirement contained in Chapter 1501:9-3 of the Administrative Code shall be prohibited and punishable under Chapter 1509. of the Revised Code, and shall be enforceable by other remedies as provided by law.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.072 , 1509.22

Rule Amplifies: 1509.072 , 1509.22

Prior Effective Dates: 1/22/75, 6/1/82

1501:9-3-09 Safety.

No well for the injection of saltwater shall be drilled or converted nearer than one hundred feet to any inhabited private dwelling house; nearer than one hundred feet from 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; nearer than fifty feet to the traveled part of any public street, road, or highway; nearer than fifty feet to a railroad track; nor nearer than one hundred feet to any well. The chief may grant a variance to this rule for good cause shown. This rule does not apply to a building, or structure which is incidental to agricultural use of the land on which it is located, unless such building is used as a private dwelling house or in the business of retail trade.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.22 , 1509.23

Rule Amplifies: 1509.22 , 1509.23

Prior Effective Dates: 11/6/67, 6/1/82

1501:9-3-10 Severability.

In the event any word, phrase, sentence, or other portion of Chapter 1501:9-3 of the Administrative Code shall hereafter be declared invalid, such invalidity shall not affect the remaining portions and parts of such rules adopted or promulgated by the chief.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.22

Rule Amplifies: 1509.22

Prior Effective Dates: 11/6/67, 6/1/82

1501:9-3-11 Annular disposal.

(A) Approval required.

(1) Disposal of brine into any annular space of any well shall be prohibited except where approved in writing by the chief and performed in accordance with this rule. Said approval shall be subject to conditions required by the chief as are necessary to protect surface and subsurface soils and waters and to ensure the conservation of other natural resources.

(2) Each owner or his agent shall give the appropriate division inspector at least six hours' notice in advance of the time the cementing, of casing and hookup for annular disposal are to be performed. A division office shall be notified when the appropriate inspector cannot be contacted. Said work shall be done pursuant to the instructions of a representative of the division in accordance with Chapter 1509. of the Revised Code and the rules adopted thereunder. If at least six hours' notice is not given, annular disposal will not be authorized on the well.

(3) Approval for annular disposal shall be granted by the chief if the construction requirements in paragraph (B) of this rule have been satisfied and the mechanical integrity of the well has been demonstrated to the chief in accordance with paragraph (C)(2) of this rule.

(4) The chief may rescind approval for annular disposal where the owner or his agent fails to conduct annular disposal operations in accordance with Chapter 1509. of the Revised Code and the rules adopted thereunder.

(B) Construction requirements. Any well authorized to use annular disposal shall be constructed as follows:

(1) The surface casing of any annular disposal well permitted after the effective date of this rule shall be set and sealed with cement in accordance with the following standards:

(a) Surface casing requirements;

(i) Surface casing shall be set at least fifty feet below the base of the deepest underground source of water containing less than ten thousand mg/l total dissolved solids;

(ii) Surface casing shall be free of all apparent defects including but not limited to bent joints, split seams, stripped threads, and holes;

(iii) No cement baskets shall be used above the deepest underground source of drinking water unless a cement bond log is run to verify a continuous seal from the casing seat to the surface; and

(iv) No well shall be approved for annular disposal unless a division representative is present while casing is installed and cemented or unless an affidavit is submitted by the operator attesting to conditions subject to the requirements of paragraph (A)(2) of this rule.

(b) Cement requirements:

(i) Cement shall be mixed with fresh water;

(ii) Cement shall be circulated to surface by the pump and plug method;

(iii) The density of the cement circulated prior to dropping the top plug shall range within five per cent, plus or minus, of the "American Petroleum Institute" optimum density standard for the type of cement used;

(iv) The record of all cement and mix water additives and percentages by weight of mix water shall be included on the cement ticket;

(v) A copy of the cement ticket shall be supplied to the appropriate division inspector;

(vi) The cement head shall not be removed until the cement reaches a compressive strength of five hundred pounds per square inch (psi); and

(vii) Cement shall provide a continuous seal from the casing seat to the surface.

(2) Any annular disposal well being used for disposal of brine produced on an adjacent lease shall have surface-casing sealed by circulating cement to the surface.

(3) All brine shall be transported in a liquid tight piped system.

(4) The connection between the brine pipeline and the annulus of the annular disposal well shall be visible and accessible for inspection by the division.

(5) All annular systems shall be liquid tight.

(C) Mechanical integrity.

(1) An annular disposal well has mechanical integrity if:

(a) There is no significant leak in the surface casing; and

(b) There is no significant fluid movement into an underground source of drinking water through channels adjacent to the well bore.

(2) Prior to obtaining approval from the chief for the use of annular disposal and prior to commencement of injection of brine, each owner or his agent shall demonstrate that the well has mechanical integrity in the following manner:

(a) Cement records shall be accepted as demonstration that there is no significant fluid movement into an underground source of drinking water through channels adjacent to the injection well bore if all requirements of paragraph (B)(1) of this rule have been satisfied; and

(b) After the well has been drilled to the depth attained prior to running production casing, a temporary plug consisting of either a packer run on tubing, or an electric bridge plug run on a wireline, shall be set at the base of the surface casing. The surface casing shall be filled with fresh water, pressurized to three hundred psi and shut in. If the pressure of three hundred psi is maintained for fifteen minutes with no more than a five per cent decline, the demonstration that there is no significant leak in the casing is satisfied; or

(c) The positive differential gas pressure test may be performed as a demonstration of mechanical integrity; or

(d) Such other test approved by the chief.

(3) The owner or his agent shall demonstrate mechanical integrity for all annular disposal wells at least once every five years by use of a method approved by the chief. By written notice, the chief may require the owner or his agent to comply with a schedule describing when such demonstrations shall be made.

(D) Volume limitations.

(1) Any annular disposal well with surface casing sealed by circulating cement to the surface may be used to dispose of a maximum average volume of ten barrels a day per year.

(E) Operating and monitoring requirements.

(1) Well identification. The following information shall be posted in a conspicuous place on or near the storage tank(s) of any annular disposal operation: owner's name, lease name, well number, permit number, county, township, and emergency telephone number. In addition, the permit number shall be displayed in a conspicuous place on or near the wellhead of any annular disposal well.

(2) If the chief has reason to believe that mechanical failures have occurred or that downhole problems exist at an annular disposal well that causes or could reasonably be anticipated to cause contamination of the land, surface waters, or subsurface waters, the chief may suspend the annular disposal operations until the owner demonstrates to the chief that the mechanical failures or downhole problems have been corrected. If the chief suspends annular disposal operations under this rule, the chief may require the owner or operator to test the well for mechanical failure or other problems. Any test conducted or corrective action taken shall be approved by the chief and conducted under the chief's supervision.

(3) 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 or operator shall immediately cease all annular disposal operations and immediately notify the division. Within five days of the incident, the owner or operators shall submit to the chief a written report which shall include a detailed description of the incident, the actions taken to correct the situation and the results of such action.

(4) A flow meter or other quantitative monitoring method shall be required if annular disposal is used.

(5) No pressure, except that created by the force of gravity, shall be applied to brine disposed of into an annular space unless otherwise approved by the chief.

(6) Disposal of brine transported to the annular disposal well by any means other than pipeline, either on lease or across lease lines, shall be prohibited.

(7) Under no circumstances shall liquids or waste matter from any source, other than brine or other waste substances resulting, obtained, or produced in connection with oil or gas drilling, exploration, or production on the same lease or, where authorized, on adjacent leases, be injected into any annular disposal well.

(8) The owner shall notify the chief in writing within fifteen days upon abandonment of annular disposal operations.

(9) When an annular disposal well becomes incapable of producing oil or gas, all annular disposal operations shall cease and the well shall be plugged and abandoned in accordance with Chapter 1509. of the Revised Code and any rules adopted thereunder.

(F) Reporting and recordkeeping requirements.

(1) A well completion record in accordance with section 1509.10 of the Revised Code and Chapter 1501:9-3 of the Administrative Code shall be filed with the division within thirty days after completion of any annular disposal well.

(2) The owner shall keep an accurate record of the volume of fluid injected and a copy of such record shall be furnished to the chief upon request. Such owner shall file an annual report with the chief, on or before the fifteenth day of April, setting forth the total volume of fluid injected during the preceding calendar year. Such report shall also contain, if applicable, a description of any mechanical failures or downhole problems, the actions taken to correct the situation, and the results of such actions as described in paragraph (E)(3) of this rule.

(3) The owner shall retain mechanical integrity test data and monitoring records for a period of not less than five years or until a subsequent mechanical integrity test is performed.

(G) Public notification and participation.

(1) All annular disposal applications submitted to the division shall be listed in the weekly circular as described in section 1509.06 of the Revised Code. Such listing shall contain at least the following information:

(a) The name and address of the applicant;

(b) The location of the proposed well;

(c) The fact that further information may be obtained by contacting either the applicant or the division;

(d) The address and phone number of the division; and

(e) The fact that for full consideration all comments or objections must be received by the division, in writing, within twenty calendar days of the date the weekly circular was received or posted.

(2) The weekly circular shall be made available to the general public or any other interested party at each county engineer's office where the proposed well is located and must be posted at the engineer's office and at each division office. In addition, the circular shall be available to subscribers or to anyone that requests the information for a minimal printing and administrative cost.

(3) Comments and objections.

(a) Any person desiring to comment or to submit an objection with reference to an application for a permit to construct, convert to, or operate an annular disposal well shall file such comments or objections, in writing, with the "Underground Injection Control Section, Division of Mineral Resources Management, Fountain Square, Columbus, Ohio 43224." Such comments or objections shall be filed with the division no later than twenty calendar days from receipt of the circular at the county engineer's office or division offices.

(b) If no objections are received within the twenty-day period, the chief shall consider that no objection exists and shall issue a permit unless he finds that the application does not comply with this rule or other applicable laws and rules, is in violation of law, jeopardizes public health or safety, or is not in accordance with good conservation practices.

(c) If an objection is received, the chief shall rule upon the validity of the objection. If, in the opinion of the chief, such objection is not relevant to the issues of public health or safety, or to good conservation practices, or is without substance and the permit otherwise meets all other requirements of this rule, a permit shall be issued. If the chief considers any objection to be relevant to the issues of public health or safety, or to good conservation practices, or to have substance, a hearing may be called within thirty days of receipt of the objection. Such hearing shall be held at the central office of the division or other location designated by the chief. Notice of the hearing shall be published in a newspaper of general circulation and sent by the chief to the applicant and to the person who filed the objection.

(d) If the chief finds, after hearing, and upon consideration of the evidence and the application, that the following conditions have been met, the application shall be approved and a permit conditionally issued; otherwise, the chief shall deny the permit by order:

(i) The application complies with the requirements of Chapter 1501-9-3 of the Administrative Code;

(ii) The method of injection proposed in the application will not be in violation of law; and

(iii) The proposed method of injection will not jeopardize public health or safety, or the conservation of natural resources.

(e) The chief shall issue a permit granting annular disposal or an order denying annular disposal within fifteen days after a hearing.

(f) A response to the comments as a final division action shall be prepared summarizing the substantive comments received and the disposition of the comments. These comments shall be available for viewing by the general public at the division's central office.

Eff 6-1-82; 4-18-84 (Emer.); 7-2-84; 6-19-89; 4-15-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1509.03 , 1509.22(C)
Rule amplifies: RC 1509.22(C)(1) , 1509.22(D)
RC 119.032 review dates: 9/16/03, 1/27/04, 4/15/09

1501:9-3-12 Injection approval required.

(A) No saltwater injection shall cause or allow movement of fluid into a source of underground water, and no saltwater shall be injected into an underground formation other than in a manner approved by the division.

(B) Except as authorized by the division, any construction, conversion to, or operation of a saltwater injection well is prohibited.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.22

Rule Amplifies: 1509.22

Prior Effective Dates: 6/1/82

1501:9-3-13 Property rights unaffected.

The purpose of Chapter 1501:9-3 of the Administrative Code is to prescribe minimum construction and operation requirements for saltwater injection and annular disposal wells so as to protect surface and subsurface soils and waters of the state. Thus, the authorization or failure to authorize a saltwater injection or annular disposal well should not be construed so as to alter or amend any common law property rights or responsibilities.

R.C. 119.032 review dates: 12/29/2003 and 12/29/2008

Promulgated Under: 119.03

Statutory Authority: 1509.22

Rule Amplifies: 1509.22

Prior Effective Dates: 6/1/82