1501:9-7-05 Authorization by rule.

(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:

(a) Upon the date of issuance of the permit or permit denial if a permit application has been filed as specified in paragraph (D)(1) of rule 1501:9-7-07 of the Administrative Code;

(b) On November 28, 1984 if a permit application has not been filed as specified in rule 1501:9-7-07 of the Administrative Code; or

(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;

(b) Operating, monitoring, reporting and recordkeeping requirements in rule 1501:9-7-09 of the Administrative Code;

(c) Plugging and abandonment requirements in rule 1501:9-7-11 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.

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

Promulgated Under: 119.03

Statutory Authority: 1509.221

Rule Amplifies: 1509.221

Prior Effective Dates: 11/26/82, 4/18/84 (Emer.), 7/2/84