Chapter 1501:9-7 Solution Mining Projects
(A) "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.
(B) "Chief" means chief, division of oil and gas.
(C) "Confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above and below an injection zone.
(D) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.
(E) "Division" means Division of Mineral Resources Management, Ohio department of natural resources.
(F) "Effective date" means the date that Chapter 1501:9-7 of the Administrative Code becomes effective.
(G) "Existing solution mining project" means a project in operation prior to the effective date of Chapter 1501:9-7 of the Administrative Code.
(H) "Formation fluid" means fluid present in a formation under natural conditions.
(I) "Injection zone" means a geological formation, group of formations, or part of a formation receiving fluids through a well.
(J) "Mg/L" means milligrams per liter.
(K) "Owner or operator" means the owner or operator of any facility or activity subject to regulation under Chapter 1501:9-7 of the Administrative Code.
(L) "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.
(M) "Solution mining project" means a well or group of wells and associated facilities under one owner or operator utilized for the solution mining of minerals.
(N) "Subject tract" means a tract upon which a person proposes to drill or operate a well for the solution mining of minerals.
(O) "Subsidence" means the lowering of the natural land surface in response to earth movements, lowering of fluid pressure, or removal of underlying supporting material by solution mining of solids.
(P) "Underground source of drinking water" means an aquifer or its portion which:
(1) Supplies any public water system, or
(2) Contains a sufficient quantity of ground water to supply a public water system, and
(a) Currently supplies drinking water for human consumption, or
(b) Contains fewer than ten thousand mg/L total dissolved solids, and
(3) Is not an exempted aquifer.
Chapter 1501:9-7 of the Administrative Code applies to all owners and operators of proposed and existing solution mining projects.
Any solution mining project, except as authorized by a permit or rule, is prohibited after the effective date. Construction of any well required to have a permit under Chapter 1501:9-7 of the Administrative Code is prohibited until a permit has been issued.
(A) No person shall cause or allow injection of fluid containing any contaminant into an underground source of drinking water. No authorization by permit or rule shall allow the movement of fluid containing any contaminant into an underground source of drinking water. The applicant for a permit or operator of an existing solution mining project shall have the burden of showing that the requirements of this rule are met.
(B) When water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, the chief shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting as are necessary to prevent such movement. In the case of wells authorized by permit, these additional requirements shall be imposed by modifying the permit in accordance with paragraph (R) of rule 1501:9-7-07 of the Administrative Code, or the permit may be terminated in accordance with paragraph (R)(2) of rule 1501:9-7-07 of the Administrative Code if cause exists, or appropriate enforcement action may be taken if the permit has been violated.
(C) Notwithstanding any other provision of Chapter 1501:9-7 of the Administrative Code, the chief may take emergency action upon receipt of information that a contaminant, which is present in or is likely to enter a public water system, may present an imminent and substantial endangerment to the health of persons.
(A) Existing solution mining projects are authorized by rule until November 27, 1985 if the following requirements are met.
(1) Any operator of such a project must apply for a permit before November 27, 1984.
(2) Authorization by rule shall expire:
(c) Unless a complete permit application is pending, not later than November 27, 1985.
(3) Except for the prohibition in paragraph (A) of rule 1501:9-7-04 of the Administrative Code, solution mining projects may continue normal operations until permitted including construction, operation, and plugging and abandonment of wells, provided the owner or operator maintains compliance with all applicable requirements of Chapter 1501:9-7 of the Administrative Code.
(4) The following requirements shall be met no later than November 27, 1983. In each paragraph or rule cited the terms "permit" and "permittee" shall be read to include "rules" and "those authorized by rule," respectively:
(a) Financial responsibility requirements in paragraphs (I)(1) and (I)(2) of rule and 1501:9-7-07 of the Administrative Code;
(5) Inventory requirements. Any solution mining project authorized by rule shall submit inventory information to the chief. Failure to comply with any requirement of this paragraph within the time specified in paragraph (A)(5)(b) of this rule is grounds for the automatic termination of authorization for any well.
(a) Contents. The inventory shall contain at least the following information:
(i) Facility name and location;
(ii) Name and address of legal contact;
(iii) Owner of facility;
(iv) Nature and type of injection and withdrawal wells; and
(v) Operating status of all wells in the project.
(b) Deadlines. Owners or operators of any solution mining project shall submit inventory information no later than November 27, 1983.
(B) Requiring a permit.
(1) The chief may require any solution mining project authorized by rule to apply for and obtain a permit. Permits may be required whenever:
(a) The solution mining project is not in compliance with this rule;
(b) Any solution mining injection well is no longer within the category of wells and types of well applications authorized in this rule; or
(c) The protection of underground sources of drinking water requires that the solution mining project be regulated by requirements not contained in this rule such as corrective action, additional monitoring and reporting, operation, or demonstration of mechanical integrity.
(2) When the chief requires the owner or operator authorized by rule to apply for a permit, he shall send the owner or operator a letter containing a brief statement of the reasons for requiring a permit, an application form, and a deadline for the owner or operator to file the application.
(3) Any owner or operator authorized by rule may request to be excluded from the coverage of this rule by applying for a permit. The owner or operator shall submit an application to the chief in accordance with rule 1501:9-7-07 of the Administrative Code.
(4) Upon the date of issuance of a permit, the authorization by rule no longer applies.
(A) The chief may identify and shall protect, as an underground source of drinking water, all aquifers or parts of aquifers that meet the definition of an "underground source of drinking water." Even if an aquifer has not been specifically identified by the chief, it is an underground source of drinking water if it meets the definition.
(B) After notice and opportunity for a public hearing, the chief may identify and describe, in geographic and/or geometric terms that are clear and definite, all aquifers or parts thereof that the chief proposes to designate as exempted aquifers if they meet the following criteria:
(1) The aquifer does not currently serve as a source of drinking water;
(2) The aquifer cannot now and will not in the future serve as a source of drinking water because:
(a) It is mineral, hydrocarbon, or geothermal energy producing or can be demonstrated by a permit applicant as part of a permit application for a solution mining project to contain minerals or hydrocarbons that, considering their quantity and location, are expected to be commercially producible;
(b) It is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical;
(c) It is so contaminated that it would be economically or technologically impractical to render the water fit for human consumption; or
(d) It is located over a solution mining area subject to subsidence or catastrophic collapse; and
(3) The total dissolved solids content of the ground water is more than three thousand mg/L and less than ten thousand mg/L, and it is not reasonably expected to supply a public water system.
(C) The chief shall require an applicant for a permit that necessitates an aquifer exemption under paragraph (B)(2)(a) of this rule to furnish the data necessary to demonstrate that the aquifer is expected to be mineral, hydrocarbon, or geothermal energy producing. Information contained in the mining plan for the proposed project such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, and analysis of the amenability of the planned development of the mining zone shall be considered by the chief in addition to the information required in the solution mining project permit application.
(A) Permit required. Unless an appropriate application has been received by the chief and a permit issued by the division, no person shall drill, reopen, deepen, plug, rework, or use a well for the solution mining of minerals unless the well is authorized by rule in accordance with rule 1501:9-7-05 of the Administrative Code.
(B) Establishing permit conditions.
(1) In addition to conditions required for all permits, the chief shall establish conditions, as required on a case-by-base basis, for all permits under the following: paragraph (Q) of this rule (duration of permits), paragraph (C) of this rule (schedules of compliance), and paragraph (B) of rule 1501:9-7-09 of the Administrative Code(monitoring).
(2) Permit conditions established on a case-by-case basis shall be designed to ensure compliance with Chapter 1509. of the Revised Code.
(C) Schedules of compliance. The permit may, when appropriate, specify a schedule of compliance leading to compliance with Chapter 1509. of the Revised Code and Chapter 1501:9-7 of the Administrative Code.
(1) Time for compliance. Any schedules of compliance under this rule shall require compliance within a reasonable period of time as determined by the chief. The schedules of compliance shall require compliance not later than two years after the date of issuance of the permit.
(2) Alternative schedules of compliance. A solution mining permit applicant or permittee may cease conducting regulated activities by plugging and abandonment of solution mining wells rather than continue to operate and meet permit requirements as follows:
(a) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit that has already been issued:
(i) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
(ii) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.
(b) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination that will ensure timely compliance with applicable rules.
(c) If the permittee is undecided whether to cease conducting regulated activities, the chief may issue or modify a permit to contain two schedules as follows:
(i) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities; or
(ii) One schedule shall lead to timely compliance with applicable rules; and the second schedule shall lead to cessation of regulated activities by a date that will ensure timely compliance with applicable rules;
(iii) Each permit containing two schedules shall include a requirement that, after the permittee has made a final decision under paragraph (C)(2)(c)(i) of this rule, he shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
(d) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced in writing to the chief and signed as stated in paragraph (D)(3) of this rule.
(3) A permit shall be written to require that, if paragraph (C)(1) or (C)(2) of this rule are applicable, progress reports shall be submitted no later than thirty days following the date of compliance.
(D) Application for a permit. New applicants, permittees with expiring permits, and any person required to have a permit shall complete, sign, and submit an application to the chief as described in this rule.
(1) An application for a permit for any existing solution mining project must be submitted no later than November 27, 1984.
(2) It is the duty of the owner of a solution mining project to submit an application for a permit; however, when a project is owned by one person and operated by another, it is the operator's duty to obtain a permit.
(3) All permit applications shall be signed as follows:
(a) For a corporation, by a principal executive officer of at least the level of vice-president or a duly authorized representative of that person;
(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
(c) For a municipality, state, federal, or other public agency, by either a principal executive officer or ranking elected official.
(4) When a person signs as a representative, a certified copy of his/her appointment shall accompany the application or be on file with the division. If an authorization under paragraph (D)(3) of this rule is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the signature requirements must be submitted to the chief prior to or together with any reports, information, or applications to be signed by an authorized representative.
(5) Certification. Any person signing a document under paragraph (D)(3) of this rule shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(E) Area of review.
(1) For individual solution mining projects consisting of one well, the area of review shall be a fixed radius around the well of not less than one-quarter mile.
(2) For solution mining projects consisting of more than one well, the area of review shall be the project area plus a circumscribing area the width of which is not less than one-quarter mile.
(3) In determining the fixed radius, the following factors shall be taken into consideration: chemistry of injected and formation fluids, hydrogeology, population and groundwater use and dependence, and historical practices in the area.
(F) Corrective action.
(1) Coverage. Applicants for solution mining project permits shall identify the location of all known wells penetrating the injection zone within the project's area of review. For wells that are improperly sealed, completed, or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water. Where the plan is adequate, the chief shall incorporate it into the permit as a condition. Where the chief's review of an application indicates that the applicant's plan is inadequate based on the factors in paragraph (F)(2) of this rule, the chief shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit, or deny the application.
(a) Existing solution mining projects. Any permit issued for an existing solution mining project requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (F)(1) of this rule to be completed within a time frame specified in the compliance schedule.
(b) New solution mining projects. No permit for a new solution mining project may authorize injection until all required corrective action has been taken.
(c) Injection pressure limitation. The chief may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not cause the movement of fluids into an underground source of drinking water through any improperly completed or abandoned well within the area of review. This pressure limitation may satisfy the corrective action requirement. Alternatively, such injection pressure limitation may be part of a compliance schedule and last until all other required corrective action has been taken.
(d) When setting corrective action requirements for solution mining projects, the chief shall consider the overall effect of the project on the hydraulic gradient in potentially affected underground sources of drinking water, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in rule 1501:9-7-09 of the Administrative Code shall be designed to verify the validity of such determinations.
(e) In determining the adequacy of corrective action proposed by the applicant under paragraph (F)(1) of this rule and the additional steps needed to prevent fluid movement into underground sources of drinking water, the following criteria and factors shall be considered by the chief:
(i) Nature and volume of injected fluid;
(ii) Nature of native fluids or by-products of injection;
(iii) Potentially affected population;
(vi) History of the injection operation;
(vii) Completion and plugging records;
(viii) Abandonment procedures in effect at the time the well was abandoned; and
(ix) Hydraulic connections with underground sources of drinking water.
(G) Application content.
(1) The application for a permit shall contain the following administrative information:
(a) The name, mailing address, and location of the facility for which the application is submitted;
(b) Ownership status as federal, state, private, public, or other entity;
(c) The operator's name, address, and telephone number;
(d) A brief description of the nature of the business associated with the project;
(e) The activity or activities conducted by the applicant that require the applicant to obtain a permit under Chapter 1501:9-7 of the Administrative Code; and
(f) A listing of all permits or construction approvals received or applied for under any of the following programs:
(i) Hazardous waste management program under the Resource Conservation and Recovery Act,
(ii) Underground injection control program under the Safe Drinking Water Act,
(iii) National pollutant discharge elimination system program under the Clean Water Act,
(iv) Prevention of significant deterioration program under the Clean Air Act,
(v) Nonattainment program under the Clean Air Act,
(vi) National emission standards for hazardous pollutants, preconstruction approval under the Clean Air Act,
(vii) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act,
(viii) Dredge or fill permits under section 404 of the Clean Water Act, or
(ix) Other relevant environmental permits including state permits.
(2) Any information submitted to the division pursuant to this rule may be claimed as confidential by the applicant. Any such claim must be asserted at the time of submission by the applicant in writing or by stamping the words "CONFIDENTIAL BUSINESS INFORMATION" on each page containing such information. If no claim is made at the time of submission, the division may make the information available to the public without further notice.
(3) Claims of confidentiality for the following information will be denied:
(a) The name and address of any permit applicant or permittee, or
(b) Information that deals with existence, absence, or level of contamination in drinking water.
(4) The application for a permit shall contain the following technical information.
(a) A tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review that penetrate the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging, completion, and any additional relevant information the chief may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction, the chief may elect to require data only on a representative number of wells;
(b) Proposed operating data:
(i) Average and maximum daily rate and volume of fluid to be injected per well or per project when a manifold system is used;
(ii) Average and maximum injection pressure; and
(iii) Qualitative analysis and ranges in concentrations of all constituents of injected fluids. The applicant may request confidentiality if the information is proprietary. An applicant may, in lieu of the ranges in concentrations, choose to submit maximum concentrations which shall not be exceeded. In such a case, the applicant shall retain records of the undisclosed concentrations and provide them upon request to the chief as part of any enforcement investigation.
(d) Proposed stimulation program;
(e) Proposed injection procedure;
(f) Schematic or other approriate drawings of the surface and subsurface details of the system;
(h) Expected changes in pressure, native fluid displacement, and direction of movement of injection fluid;
(i) Contingency plans to cope with all well failures or shut-ins so as to prevent the migration of the contaminating fluids into underground sources of drinking water;
(j) A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug, or abandon any well as required by paragraph (I) of this rule; and
(k) For wells within the area of review that penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under rule 1501:9-7-11 of the Administrative Code.
(l) A brief description of existing or proposed monument grids and surveying method to be used in obtaining yearly measurements of second order accuracy for the detection of ground surface movement. Describe monument types, construction, and emplacement.
(5) Map. Each application for a permit shall be accompanied by a map or maps showing and containing the following information:
(a) The subject tract of land upon which the proposed solution mining project is to be located;
(b) The location and designation of all injection, withdrawal, and monitoring wells (if applicable) on the tract or tracts to be utilized in the solution mining project;
(c) All tracts or parts thereof situated within the area of review labeled with the names of:
(i) All owners of mineral rights if notice is given in accordance with paragraph (H)(1)(a) of this rule, or
(ii) All owners or operators of record utilizing the proposed formation or zone for solution mining of minerals, storage, or any other purpose if notice is given in accordance with paragraph (H)(1)(b) of this rule.
(d) The geographic location of all wells within the area of review that penetrate the zone proposed as the injection zone.
(H) Notice of application, hearings, and order.
(1) The applicant shall give notice of application for a permit for a solution mining project by the following method:
After the submittal of an application for a solution mining project to the chief, a determination will be made as to the completeness of the application. The applicant will be notified of this completeness. 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 area of review in which the proposed project is situated. A copy of the legal notice shall also be delivered to all owners or operators of projects utilizing the same zone or formation. Proof of publication, publication date, and an oath as to the delivery to those entitled to personal notice shall be filed with the division within forty days after the complete application was received by the division. The legal notice shall contain at least the following:
(a) The name and address of the applicant;
(b) The location of the proposed project;
(c) The geologic name and depth of the zone or formation to be utilized;
(d) The maximum proposed injection pressure;
(e) The proposed average daily volume of fluid to be injected and withdrawn;
(f) The fact that further information can be obtained by contacting either the applicant or the division;
(g) The address and 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 thirty calendar days of the date of the published legal notice.
(2) Draft permits. Once an application is complete, the chief shall tentatively decide whether to prepare a draft permit, or to deny the application.
(a) If the chief tentatively decides to deny the permit application, he shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under paragraph (H)(2)(b) of this rule. If the chief's final decision is that the tentative decision to deny the permit application was incorrect, he shall withdraw the notice of intent to deny and proceed to prepare a draft permit under paragraph (H)(2)(b) of this rule.
(b) If the chief decides to prepare a draft permit, he shall prepare a draft permit that contains all relevant information pertaining to permitting, operation, and monitoring of the proposed project.
(c) All draft permits prepared under this paragraph shall be based on the administrative record, publicly noticed, and made available for public comment.
(3) Fact sheet.
(a) A fact sheet shall be prepared for every draft permit that the chief finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The chief shall send this fact sheet to the applicant and to any other person upon request.
(b) The fact sheet shall include, when applicable:
(i) A brief description of the type of facility or activity that is the subject of the draft permit;
(ii) The type and quantity of fluids that are proposed to be injected and withdrawn;
(iii) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;
(iv) Reasons why any requested variances or alternatives to required standards do or do not appear justified;
(v) A description of the procedures for reaching a final decision on the draft permit including:
(a) The beginning and ending dates of the comment period and the address where comments will be received;
(b) Procedures for requesting a hearing and the nature of that hearing; and
(c) Any other procedures by which the public may participate in the final decision; and
(vi) Name and telephone number of a person to contact for additional information.
(4) Comments and objections.
(a) Any person desiring to comment or to make an objection with reference to an application for a permit for a solution mining project 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 thirty calendar days after the delivery of notice or after the publication date in a newspaper of general circulation in the area of review.
(b) If no objections are received within the thirty-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 1501:9-7 of the Administrative Code, or is in violation of law, or jeopardizes public health or safety.
(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 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 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 sent by the chief to the applicant and to the person who has filed the objection.
(d) If the chief finds, after hearing or 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 reject the application:
(i) The application complies with the requirements of this rule,
(ii) The proposed solution mining project will not be in violation of law, and
(iii) The proposed solution mining project will not jeopardize public health or safety.
(e) Response to comments. At the time that any final permit decision is issued, the chief shall respond to comments. This response shall:
(i) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(ii) The response to comments shall be available to the public.
(I) Bonding and transfer.
(1) Authorization, by rule or permit, to construct or operate a solution mining project shall not be granted unless and until proof of financial responsibility for the project 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 solution mining permit by the project owner shall relieve the owner of his obligations and liabilities under Chapter 1509. of the Revised Code and Chapter 1501:9-7 of the Administrative Code, unless the assignee or transferee has filed, and the division has approved proof of financial responsibility for said project.
(J) Display of permit. No well for the purpose of solution mining shall be constructed until the 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 well site during construction.
(K) Project identification. Prior to commencing solution mining operations authorized by the permit the following information shall be posted in a conspicuous place on the project site: owner's name, lease name, county, township, and emergency telephone number. In addition, the permit number shall be displayed in a conspicuous place on or near each wellhead.
(L) Expiration of permit. Drilling operations authorized by a permit issued pursuant to Chapter 1501:9-7 of the Administrative Code shall begin within twelve months after the date of issuance of such permit. If such operations have not started within twelve months, the permit shall expire. If drilling or conversion operations have started but are not completed within the twelve month period, operations shall continue with due diligence or the permit shall expire.
(M) Change of location procedure. The location of a solution mining well shall not be changed after the issuance of a permit unless the well owner first obtains approval from the division. If a solution mining 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 operations shall not commence at a new location until a proper permit has been received and posted.
(N) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with the conditions of the permit.
(O) Permit actions. The permit may be modified, revoked and reissued, or terminated for cause. Neither the filing of a request by the permittee for a permit modification, revocation and reissuance, or termination; nor a notification of planned changes or anticipated noncompliance, waive any permit condition.
(P) Inspection and entry. The permittee shall allow the chief or an authorized representative to:
(1) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
(3) Inspect, at any time, the facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under the permit; and
(4) Sample or monitor, at any time, for the purposes of assuring permit compliance or as otherwise authorized by Chapter 1501:9-7 of the Administrative Code, any substances or parameters at any location.
(Q) Duration of permits. Permits for solution mining projects shall be issued for a period up to the operating life of the facility. The chief shall review each permit at least once every five years to determine whether it should be modified, revoked and reissued, or terminated. The chief may issue any permit for a duration that is less than the full allowable term under this rule.
(R) Modification, revocation and reissuance, or termination of permits.
(1) When the chief receives any information, for example, inspects the facility, receives information submitted by the permittee as required by the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file, he may determine whether or not one or more of the causes listed in paragraph (R)(1)(a) or (R)(1)(b) of this rule for modification or revocation and reissuance or both exist. If cause exists, the chief may modify or revoke and reissue the permit accordingly subject to the limitations of paragraph (R)(1)(c) of this rule and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit is reissued for a new term. If cause does not exist, the chief shall not modify or revoke and reissue the permit. If a permit modification satisfies the criteria for minor modifications contained in paragraph (R)(1)(c) of this rule, the permit may be modified without a draft permit or public review. Otherwise a draft permit must be prepared.
(a) Causes for modification. The following may be causes for revocation and reissuance as well as modification.
(i) Alterations. There are material and substantial alterations or additions to the permitted facility or activity that occurred after permit issuance that justify the application of permit conditions that are different or absent in the existing permit.
(ii) Information. The chief has received information indicating that cumulative effects on the environment are unacceptable.
(iii) New rules. The standards or rules on which the permit was based have been changed by promulgation of amended standards or rules or by judicial decision after the permit was issued.
(iv) Compliance schedules. The chief determines that good cause exists for modification of a compliance schedule such as natural disaster, strike, materials shortage, or other events over which the permittee has little or no control and for which there is no reasonably available remedy.
(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, to revoke and reissue a permit:
(i) Cause exists for termination, and the chief determines that modification or revocation and reissuance is appropriate.
(ii) The chief has received notification, as required in the permit, of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the date of an automatic transfer but will not be revoked and reissued after the date of the transfer except upon the request of the new permittee.
(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of permit issuance.
(2) Minor modifications of permits. Upon the consent of the permittee, the chief may modify a permit to make the following corrections or allowances for changes in the permitted activity without following the procedures in paragraph (R)(1) of this rule. Minor modifications may only:
(a) Correct typographical errors;
(b) Require more frequent monitoring or reporting by the permittee;
(c) Change an interim compliance date in a schedule of compliance provided the new date is not more than one hundred twenty days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;
(d) Allow for a change in the ownership or operational control of a facility provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the chief;
(e) Change quantities or types of fluids injected if, in the judgment of the chief, such change would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classifications;
(f) Change construction requirements approved by the chief provided that any such alteration complies with the requirements of Chapter 1501:9-7 of the Administrative Code;
(g) Amend a plugging and abandonment plan;
(h) Change the location of a proposed solution mining well provided the area of review is not affected; or
(i) Authorize a change from injection to withdrawal or withdrawal to injection.
(3) Termination of permits. The chief may terminate a permit during its term or deny a permit renewal application for the following causes:
(a) Noncompliance by the permittee with any condition of the permit;
(b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination.
(4) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the chief's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in paragraph (R) of this rule. All requests shall be in writing and shall contain facts or reasons supporting the request.
(5) If the chief decides the request is not justified, he shall send the requesting party a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings.
(6) If the chief tentatively decides to modify or revoke and reissue a permit under paragraph (R) of this rule, he shall prepare a draft permit incorporating the proposed changes. The chief may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, the chief shall require the submission of a new application. In a permit modification under paragraph (R) of this rule only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under paragraph (R) of this rule the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued. Minor modifications contained in paragraph (R)(2) of this rule are not subject to the requirements of paragraph (R)(6) of this rule. If the chief tentatively decides to terminate a permit under paragraph (R)(3) of this rule, he shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit and follows the same procedures as any draft permit.
(S) Additional duties of permittee.
(1) Duty to comply. The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the appropriate rule and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit application or renewal application.
(2) Duty to reapply. If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit.
(3) Duty to halt or reduce activity. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
(4) Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with the permit.
(5) Duty to provide information. The permittee shall furnish, within a reasonable time specified by the chief, any information that the chief may request to determine whether cause exists for modifying, revoking and reissuing, terminating the permit or to determine compliance with the permit. The permittee shall also furnish to the chief, upon request, copies of required records.
(A) The following construction, testing, and monitoring requirements shall apply to any well permitted and drilled after the effective date:
(1) Surface casing shall be free of apparent defects, set at least fifty feet below the deepest underground source of drinking water, 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) Intermediate casing or casings, if required, shall be set and sealed as approved by the chief. Centralizers may be required.
(3) The production or long string of casing shall be set and cemented as approved by the chief. Centralizers may be required.
(4) Tubing may be required for use in injection and withdrawal operations. The operator shall furnish to the chief evidence that the casing will not be exposed to undue corrosion. Installation of a packer on the tubing may be required.
(5) Hole diameters, casing weights and diameters, and cementing procedures shall be subject to approval by the chief.
(6) To verify the quantity of cement used and quality of the cement bond, a cement bond log and/or other logs required by the chief, shall be run in addition to the cementing records.
(7) Each solution mining project owner or his agent shall give the appropriate division inspector reasonable notice in advance of cementing, placing and removing of casing, installation of tubing and packer, and initial operation. 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 1501:9-7 of the Administrative Code.
(8) Appropriate logs and other tests shall be conducted for new solution mining wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the chief. The logs and tests appropriate to each type of solution mining well shall be determined based on the intended function, depth, construction, and other characteristics of the well; availability of similar data in the area of the drilling site; and the need for additional information that may arise as the construction of the well progresses.
(9) For new solution mining projects, the following information concerning the injection zone shall be determined or calculated when the injection zone is a water bearing formation:
(a) Fluid pressure;
(b) Fracture pressure; and
(c) Physical and chemical characteristics of the formation fluids.
(10) When the injection formation is not a water bearing formation, the information in paragraph (A)(9)(b) of this rule must be submitted.
(11) When the injection wells penetrate an underground source of drinking water in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be completed into the underground source of drinking water to detect any movement of injected fluids, process by-products, or formation fluids into the underground source of drinking water. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.
(12) In determining the number, location, construction, and frequency of monitoring of the monitoring wells, the following criteria shall be considered:
(a) Population relying on the underground source of drinking water affected or potentially affected by the injection operations;
(b) Proximity of the injection operation to points of withdrawal of drinking water;
(c) Local geology and hydrology;
(d) Operating pressures and whether a negative pressure gradient is being maintained;
(e) Nature and volume of the injected fluid, the formation water, and the process by-products; and
(f) Injection well density.
(B) The following requirements shall apply to solution mining wells permitted or drilled prior to the effective date of these rules:
(1) Casing shall be set below the deepest underground source of drinking water and cemented so as to protect the deepest underground source of drinking water.
(2) The production or longstring of casing shall be set and cemented as approved by the chief so as to prevent upward migration of fluids.
(3) To verify the quantity of cement used and quality of the cement bond, a cement bond log and/or other logs required by the chief, shall be run in addition to the cementing records.
(4) Each solution mining project owner or his agent shall give the appropriate division inspector reasonable notice in advance of cementing, placing and removing of casing, installation of tubing and packer, and initial operation. 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 1501:9-7 of the Administrative Code.
(5) The chief may require other logs or tests to be conducted in order to verify construction of a solution mining well.
(6) When the injection wells penetrate an underground source of drinking water in an area subject to subsidence or catastrophic collapse, an adequate number of monitoring wells shall be completed into the underground source of drinking water to detect any movement of injected fluids, process by-products, or formation fluids into the underground source of drinking water. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.
(7) In determining the number, location, construction, and frequency of monitoring of the monitoring wells, the following criteria shall be considered:
(a) Population relying on the underground source of drinking water affected or potentially affected by the injection operations;
(b) Proximity of the injection operation to points of withdrawal of drinking water;
(c) Local geology and hydrology;
(d) Operating pressures and whether a negative pressure gradient is being maintained;
(e) Nature and volume of the injected fluid, the formation water, and the pocess by-products; and
(f) Injection well density.
(A) The following provisions shall apply to the operation of all solution mining projects and shall be considered as permit conditions.
(1) A solution mining project may not commence injection until construction is complete, and
(a) The permittee has submitted notice of completion of construction to the chief, and
(b) The chief has inspected or otherwise reviewed the new project and finds it is in compliance with the conditions of the permit; or
(c) The permittee has not received notice from the chief of his intent to inspect or otherwise review the new project within fourteen days of the date of the notice in paragraph (A)(1)(a) of this rule, in which case prior inspection or review is waived and the permittee may commence injection. The chief shall include in his notice a reasonable time period in which he shall inspect the well.
(2) A well completion record in accordance with section 1509.10 of the Revised Code and Chapter 1501:9-7 of the Administrative Code shall be filed with the division within thirty days after completion of each solution mining injection or withdrawal well.
(3) Except during well stimulation, injection pressure at the wellhead shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the migration of injection or formation fluids into an underground source of drinking water.
(4) Injection between the outermost casing protecting underground sources of drinking water and the well bore is prohibited.
(5) Prior to granting approval for the operation of a solution mining project, the chief shall consider the following information:
(a) All available logging and testing data on the well;
(b) A satisfactory demonstration of mechanical integrity for all new wells;
(c) The anticipated maximum pressure and flow rate at which the permittee will operate;
(d) The results of the formation testing program;
(e) The actual injection procedures; and
(f) The status of corrective action on defective wells in the area of review.
(B) The following provisions shall apply to the monitoring of all solution mining projects.
(1) The nature of injected fluids shall be monitored quarterly to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis required by paragraph (G)(4)(b)(iii) of rule 1501:9-7-07 of the Administrative Code is incorrect or incomplete, a new analysis shall be provided to the chief.
(2) Injection pressure, flow rate, and the volume of fluids injected and withdrawn shall be monitored on a semi-monthly basis unless daily metering and recording of injected and produced fluid volumes is monitored.
(3) Fluid level in the injection zone shall be monitored semi-monthly, where appropriate.
(5) Solution mining projects may be monitored on a field or project basis, rather than an individual well basis, by manifold monitoring when such projects consist of more than one injection well, operating with a common manifold.
(6) Any anomalous condition, including a rate or pressure variation, shall be reported to the chief immediately.
(7) Monitoring and records.
(a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(b) The permittee shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and records of all data used to complete the application or the permit for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the chief at any time.
(c) Records of monitoring information shall include:
(i) The date, exact place, and time of sampling or measurements;
(ii) Names of any individuals who performed the sampling or measurements;
(iii) The dates on which analyses were performed;
(iv) Names of any individuals who performed the analyses;
(v) The analytical technique or methods used; and
(vi) The results of such analyses.
(9) Reporting requirements.
(a) Planned changes. The permittee shall give notice to the chief, as soon as possible, of any planned physical alterations or additions to the permitted facility.
(b) Anticipated noncompliance. The permittee shall give advance notice to the chief of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.
(c) Compliance schedules. Reports of compliance or noncompliance with or any progress reports on interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than fourteen days following each schedule date.
(10) The chief shall require additional monitoring, including construction of monitoring wells, in areas subject to subsidence.
(C) Reporting requirements. All reports required by this paragraph must be signed as stated in paragraph (D)(3) of rule 1501:9-7-07 of the Administrative Code. Monitoring may be reported on a project or field basis rather than an individual well basis when manifold monitoring is used. Reporting requirements shall include:
(1) Quarterly reporting to the chief on all required monitoring;
(2) Results of mechanical integrity and any other periodic test required by the chief reported with the first quarterly report after completion of the test; and
(3) Volume relationship or withdrawal-injection ratios reported annually.
(4) Twenty-four-hour reporting.
(a) The permittee shall report to the chief any noncompliance that may endanger health or the environment. Any information pertinent to the noncompliance shall be reported to the chief within twenty-four hours after the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances and shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
(b) The following additional information must be reported within the twenty-four-hour period provided above:
(i) Any monitoring or other information that indicates that any contaminant may cause an endangerment to an underground source of drinking water.
(ii) Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between underground sources of drinking water.
(5) The permittee shall report annually on the surveying of the monument grid used to detect ground surface movement.
(6) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraph (C)(5) of this rule at the time quarterly reports are submitted.
(7) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in permit application or in any report to the chief, it shall immediately submit such facts or information.
(D) Recordkeeping requirements. The permittee shall keep complete and accurate records of the following. All records shall be made available for review upon request from a representative of the division.
(1) All monitoring required by the permit; and
(2) All periodic well tests.
(3) The permittee shall retain records of all information resulting from any monitoring activities for a period of at least three years from the date of the sample or measurement. This period may be extended by request of the chief at any time.
(4) The permittee shall retain all records concerning the nature and composition of injected fluids until three years after completion of any plugging and abandonment procedures.
(A) A solution mining well has mechanical integrity if:
(1) There is no significant leak in the casing, tubing, or packer; and
(2) There is no significant fluid movement into an underground source of drinking water through vertical channels adjacent to the well-bore.
(B) One of the following methods shall be used to evaluate the absence of significant leaks under paragraph (A)(1) of this rule:
(1) Monitoring of annulus pressure; or
(2) Pressure test with liquid or gas; or
(3) Freshwater - Brine Interface Test.
(C) One of the following methods shall be used to determine the absence of significant fluid movement under paragraph (A)(2) of this rule:
(1) The results of a temperature, noise, or cement quality (bond) log;
(2) For solution mining wells where the nature of the casing precludes the use of the logging techniques prescribed in paragraph (C)(1) of this rule, cementing records demonstrating the presence of adequate cement to prevent such migration;
(3) For solution mining wells where the chief elects to rely on cementing records to demonstrate the absence of significant fluid movement, the monitoring program prescribed by paragraph (B) of rule 1501:9-7-09 of the Administrative Code shall be designed to verify the absence of significant fluid movement.
(D) The chief must approve the use of any test to demonstrate mechanical integrity other than those listed in paragraphs (B) and (C) of this rule.
(E) In conducting and evaluating the tests enumerated in this rule or others allowed by the chief, the owner or operator and the chief shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the chief, he shall include a description of the tests and the methods used. In making his evaluation, the chief shall review monitoring and other test data submitted since the previous evaluation.
(F) The chief may accept continuous monitoring data, at his discretion, in lieu of some required periodic testing.
(G) A permit for any solution mining well that lacks mechanical integrity shall include a condition prohibiting injection operations until the permittee shows to the satisfaction of the chief under this rule that the well has mechanical integrity.
(H) Solution mining wells shall be required to demonstrate mechanical integrity at least once every five years.
(A) Any solution mining project permit shall require that, prior to the plugging and abandonment of said well or wells, the permittee shall obtain a permit to plug and abandon in accordance with sections 1509.13 and 1509.15 of the Revised Code. A permit to plug and abandon shall ensure that plugging and abandonment of any well will not allow the movement of fluids either into an underground source of drinking water or from one underground source of drinking water to another. Any applicant for a permit to plug and abandon shall submit a plan for plugging and abandonment. Where the plan meets the requirements of this rule, the chief shall incorporate it into the permit as a condition. Where the chief's review of an application indicates that the applicant's plan is inadequate, the chief shall require the applicant to revise the plan, prescribe the conditions needed to meet the requirements of this rule, or deny the application. For purposes of this rule, temporary intermittent cessation of injection operations, not to exceed one hundred eighty days, is not abandonment. The chief may authorize cessation of operations in excess of one hundred eighty days for good cause shown.
(B) The permittee shall notify the chief at least thirty days before conversion or abandonment of any well.
(C) Prior to the abandoning of any solution mining well, the well shall be plugged with cement in a manner that will not allow the movement of fluids either into or between underground sources of drinking water. The chief may allow solution mining wells to use other plugging materials if he is satisfied tht such materials will prevent movement of fluids into or between underground sources of drinking water.
(D) Prior to granting approval for the plugging and abandonment of a solution mining well the permittee shall provide the following information for the chief's consideration.
(1) The type and number of plugs to be used;
(2) The placement of each plug including the elevation of the top and bottom;
(3) The type, grade, and quantity of cement to be used;
(4) The method of placement of the plugs; and
(5) The procedure to be used to meet the requirements of paragraph (E) of this rule.
(E) Placement of the cement plugs shall be accomplished by one of the following:
(1) The balance method;
(2) The dump bailer method; or
(3) The two-plug method.
(F) Prior to the placement of any cement plug, any well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom either by circulating the mud in the well at least once or by a comparable method prescribed by the chief.
(G) The chief shall prescribe aquifer cleanup and monitoring where he deems it necessary and feasible to ensure adequate protection of underground sources of drinking water.
No well for the solution mining of minerals shall be constructed nearer than one hundred feet to any occupied dwelling, nearer than fifty feet to the outside right-of-way of any public road, 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.
In the event any word, phrase, sentence, or other portion of Chapter 1501:9-7 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.
(A) The purpose of Chapter 1501:9-7 of the Administrative Code is to prescribe minimum construction and operation requirements for solution mining projects so as to protect the surface and subsurface soils and waters of the state. Thus, the authorization or failure to authorize a solution mining project should not be construed so as to alter or amend any common law property rights or responsibilities.
(B) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights or any infringement of state or local laws or regulations.