1509.12 Defective casing or tubing - requiring plugging.

No owner of any well shall permit defective casing or tubing in such well to leak fluids or gas that may cause damage to other permeable strata. Upon notice from the chief of the division of mineral resources management, such owner shall immediately repair such tubing or casing or plug and abandon such well.

Unless written permission is granted by the chief, any well that is or becomes incapable of producing oil or gas in commercial quantities shall be plugged, but no well shall be required to be plugged under this section that is being used to produce oil or gas for domestic purposes, or that is being lawfully used for a purpose other than production of oil or gas. When the chief finds that a well should be plugged, the chief shall notify the owner to that effect by order in writing and shall specify in such order a reasonable time within which to comply. No 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.

Where the plugging method prescribed by rules adopted pursuant to section 1509.15 of the Revised Code cannot be applied or if applied would be ineffective in carrying out the protection that the law is meant to give, the chief, by order, may designate a different method of plugging. The abandonment report shall show the manner in which the well was plugged.

In case of oil or gas wells abandoned prior to September 1, 1951, the board of county commissioners of the county in which such wells are located may submit to the electors of the county the question of establishing a special fund, by special levy, bond issue, or out of current funds, which shall be approved by a majority of the electors voting upon such question for the purpose of plugging such wells. The fund shall be administered by the board and the plugging of oil and gas wells shall be under the supervision of the chief, and the board shall let contracts for such purpose, provided that such fund shall not be used for the purpose of plugging oil and gas wells that were abandoned subsequent to September 1, 1951.

Effective Date: 06-14-2000