3701:1-49-26 Notification of incidents and lost sources; abandonment procedures for irretrievable sources.

(A) The licensee shall immediately notify the director by telephone and subsequently, within thirty days, by confirmatory letter using an appropriate method listed in rule 3701:1-40-04 of the Administrative Code, if the licensee knows or has reason to believe that a sealed source has been ruptured. The letter must designate the well or other location, describe the magnitude and extent of the escape of licensed materials, assess the consequences of the rupture, and explain efforts planned or being taken to mitigate these consequences.

(B) The licensee shall notify the director of the theft or loss of radioactive materials, radiation overexposures, excessive levels and concentrations of radiation, and other accidents as required by rules 3701:1-38-21 and 3701:1-40-20 of the Administrative Code.

(C) If a sealed source becomes lodged in a well, and when it becomes apparent that efforts to recover the sealed source will not be successful, the licensee shall:

(1) Notify the director by telephone of the circumstances that resulted in the inability to retrieve the source; and

(a) Obtain the director's approval to implement abandonment procedures; or

(b) State or declare that the licensee implemented abandonment procedures before receiving the director's approval because the licensee believed there was an immediate threat to public health and safety; and

(2) Advise the well owner or operator, as appropriate, of the abandonment procedures under paragraph (A) or (C) of rule 3701:1-49-04 of the Administrative Code; and

(3) Either ensure that abandonment procedures are implemented within thirty days after the sealed source has been classified as irretrievable or request an extension of time if unable to complete the abandonment procedures.

(D) The licensee shall, within thirty days after a sealed source has been classified as irretrievable, make a report in writing to the director. The licensee shall send a copy of the report to each appropriate state or federal agency that issued permits or otherwise approved of the drilling operation. The report must contain the following information:

(1) Date of occurrence;

(2) A description of the irretrievable well logging source involved including the radionuclide and its quantity, chemical, and physical form;

(3) Surface location and identification of the well;

(4) Results of efforts to immobilize and seal the source in place;

(5) A brief description of the attempted recovery effort;

(6) Depth of the source;

(7) Depth of the top of the cement plug;

(8) Depth of the well;

(9) The immediate threat to public health and safety justification for implementing abandonment if prior approval from the director was not obtained in accordance with paragraph (C)(1)(b) of this rule;

(10) Any other information, such as a warning statement, contained on the permanent identification plaque; and

(11) State and federal agencies receiving copy of this report.

Five Year Review (FYR) Dates: 03/28/2017 and 03/15/2022
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/20/2002, 10/08/07, 9/1/12

Prior History: (Effective: 09/01/2012
R.C. 119.032 review dates: 05/25/2012 and 06/01/2017
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 10/20/2002, 10/08/07 )