This rule applies to a well site for the drilling
of one or more horizontal wells and associated production operations. The well
site will be designed and constructed in a manner that supports the safe
drilling and production operations of one or more horizontal wells, and in a
manner that protects public health and safety and minimizes damage to natural
resources, including conservation of topsoil where present, by managing
stormwater, protecting surface water, and minimizing soil erosion. Compliance
with this rule does not eliminate the requirement that a person comply with any
applicable state or federal law. Standards referenced in this rule may be found
under rule 1501:9-12-01 of the Administrative Code.
(A) Permit receipt and
approval.
(1) No person may begin
construction of a well site until receipt of a horizontal well site
construction permit issued by the chief.
(2) No person may alter a
well site, in a manner that will result in a material modification of the well
site without prior approval from the chief.
(B) Application. An application for a
permit to construct a well site may only be submitted to the chief on a form
prescribed by the chief. The application may be submitted at any time
regardless of whether the applicant has applied for or received a permit under
section 1509.06 of the Revised Code and will contain all of the following:
(1) The name and address
of the applicant, and if a business entity or association, the name and address
of the statutory agent;
(2) The signature of the
applicant. When an authorized agent of the applicant signs an application, the
application will be accompanied by a certified copy of the appointment of such
agent;
(3) The county, township,
and section or lot number where the well site will be located, and a name for
the proposed well pad;
(4) Emergency contact
information of the applicant, including the 911 address of the proposed well
site;
(5) Coordinates of the
intersection of the centerline of the access road at the public right-of-way
using latitude and longitude, in a format of decimal degrees, to a minimum of
six significant figures; and
(6) Well site plans
submitted in accordance with paragraph (C) of this rule.
(C) Well site plans. The chief may waive
any item identified to be submitted under paragraphs (C)(2) to (C)(6) of this
rule upon written request by the applicant. The request shall be signed by the
applicant and the professional engineer who prepared the well site plans and
include a detailed explanation of the basis for the request and of the
potential impacts to the proposed well site and the surrounding area. The
request for a waiver will be submitted with the application.
(1) All of the following
apply to a well site plan:
(a) The plans for a proposed well site will be developed,
signed, and sealed by a professional engineer;
(b) The plans will be prepared using commonly accepted
drafting standards and be clear, legible, and drawn to a scale that
sufficiently shows all information necessary for compliance with this
rule;
(c) Each plan sheet will be American national standards
institute (ANSI) size D, twenty-two by thirty-four inches;
(d) All elements contained in the plans under paragraph (C)
of this rule will be located horizontally in relation to the North American
datum of 1983 and will be located vertically in relation to the North American
vertical datum 1988; and
(e) The plans will include the detailed drawings, plans,
and reports identified under paragraphs (C)(2) to (C)(6) of this
rule.
(2) Detailed drawings. The detailed
drawings will include all of the following:
(a) A title page that contains the name of the applicant;
emergency contact information; the name of the proposed well pad; the county,
township, and section or lot number where the proposed well site will be
located; coordinates of the entrance intersection of the centerline of the
access road at the public right-of-way using latitude and longitude, in a
format of decimal degrees, to a minimum of six significant figures; and a sheet
index;
(b) A plan sheet consisting of a color orthorectified
aerial image with pixels that represent no larger than one foot showing the
location of the proposed well site;
(c) A plan sheet signed and sealed by a professional
surveyor showing the location of the proposed well site boundary, including
state plane coordinates or latitude and longitude at all deflection points in
order to be able to replicate the well site boundary exactly. The plan sheet
will include the control points used to generate the map;
(d) A general layout, plan views, elevations, sections, and
supplementary views that in conjunction with the specifications provide the
working information related to all aspects of the proposed construction;
(e) The scale in feet, legend, graphical scale, and north
arrow;
(f) The proposed and existing contours with an intermediate
contour interval not greater than two feet and an index not greater that ten
feet;
(g) Unless already described in the reports and plans set
forth under paragraph (C) of this rule, the applicant is to disclose the design
considerations that were used to address paragraphs (C)(2)(g)(i) to
(C)(2)(g)(xvi) of this rule and identify and locate all of the following items
in the detailed drawings:
(i) The classified soil
types for the area within one hundred feet of and within the proposed well site
boundary. The classification will be consistent with the United States
department of agriculture soil series;
(ii) Plugged wells,
producing wells, and idle and orphaned wells, which may be determined using
information available from the Ohio department of natural resources and other
publicly available or readily accessible sources that are located within one
hundred feet of and within the proposed well site boundary;
(iii) Structural and
geotechnical components that are to be located within the proposed well site
boundary, including those identified in the geotechnical report;
(iv) Geotechnical borings
and other geotechnical investigative means, which are located within the
proposed well site boundary, as identified in the geotechnical report;
(v) Boundaries of parcels
of land, existing occupied and unoccupied structures, and existing utilities
known to the applicant at the time of the design process that are located
within one hundred feet of and within the proposed well site boundary;
(vi) All springs,
wetlands, streams, lakes, rivers, ponds, creeks, and water wells, which may be
identified using reasonably available public resources and a field review,
within one hundred feet of and within the proposed well site boundary;
(vii) Surface and
underground mines, which may be determined using information available from the
Ohio department of natural resources and other publicly available or readily
accessible sources, that the professional engineer determines may affect design
and performance of the well site;
(viii) Any areas the
applicant seeks to protect during construction of the proposed well site;
(ix) All flood hazard
areas delineated on the "National Flood Insurance Rate Map" within
one hundred feet of and within the proposed well site boundary;
(x) All locations where
materials that result from the construction, operation, or plugging of a
horizontal well are planned to be used at the well site pursuant to section
1509.074 of the Revised Code and rules adopted under it;
(xi) Roads within the
proposed well site boundary, including emergency access routes, signage to
safely manage traffic flow on the site, the entrance to the well site, and any
pull-off areas that may be used to manage excess traffic;
(xii) Pipes, ditches, and
other conveyances, and hydraulic control structures located within the well
site boundary, as identified in the stormwater hydraulic report and in the
sediment and erosion control plan;
(xiii) All areas within
one hundred feet of and within the proposed well site boundary that are located
within the five-year time of travel associated with a public drinking water
supply, as delineated or endorsed under the "Source Water Assessment and
Protection Program";
(xiv) All areas within
one hundred feet of and within the proposed well site boundary that are located
within the emergency management zone of a public water system intake;
(xv) General location and
construction details of the proposed well cellars, that may be installed during
construction or after certification; and
(xvi) Any other factors
that the professional engineer determines may affect design and performance of
the well site.
(h) Emergency release conveyance map. The emergency release
conveyance map must be included in the detail drawings on a separate
sheet.
(3) Sediment and erosion
control plan. The sediment and erosion control plan for the proposed well site
will describe procedures to minimize the discharge of construction related
sediment to any area outside of the proposed well site boundary and
specifically comply with and include all of the following:
(a) Sediment and erosion controls suitable for the well
site conditions and that are consistent with generally accepted engineering
design criteria and the controls comply with the manufacturer's
specifications;
(b) A sediment basin or sediment trap if the proposed well
site is within or includes a total contributing drainage area that is greater
than five acres in size. The minimum capacity of the sediment basin or sediment
trap will be one hundred seventeen cubic yards and designed in accordance with
the "Rainwater and Land Development: Ohio's Standards for Stormwater
Management, Land Development and Urban Stream Protection." However,
diversionary techniques to decrease drainage area size or sediment controls
specifically designed for the equivalent capture efficiency may be used in lieu
of the sediment basin or sediment trap;
(c) An identification of each location of each outlet of a
confined discreet conveyance that may leave the proposed well
site;
(d) A delineation of contributing drainage area boundaries
and size, measured in acres, that will be used to design the proposed sediment
and erosion controls;
(e) A description of the soil stabilization measures,
including vegetation, mulch, and other means of controlling erosion, that will
be used at the proposed well site. In addition, the description will include a
schedule of the implementation of the soil stabilization measures;
and
(f) The applicant may submit a schedule that identifies
alternate options for implementation of the erosion and sediment controls and
measures. The schedule will identify when and under what criteria the alternate
controls would be implemented.
(4) Dust control
plan.
(5) Geotechnical
report.
(a) When developing the geotechnical report, the factor of
safety for bearing capacity is to be three or more.
(b) When developing the geotechnical report, the factor of
safety for slope stability is to be 1.5 or more.
(6) Stormwater hydraulic
report.
(a) All stormwater and hydraulic control structures will be
designed to and be capable of managing a ten-year storm event.
(b) The stormwater conveyance system will be designed to
include sufficient stormwater storage capacity on the proposed well site to
facilitate screening for potential contamination of the stormwater prior to
discharge.
(7) All GIS shape files
(.shp, .dbf, .shx, .prj) necessary to show the well site boundary, access road
alignment, and well pad location.
(D) Completeness review. Not later than
ten business days after receipt of an application for approval to construct a
well site, the chief will review the application to determine if the
application is complete and notify the applicant in writing or by other means
approved by the chief. If the chief determines that the application is not
complete, the chief will notify the applicant and identify the missing
application components. The applicant may correct the application and submit
the missing application components within five business days of receipt of the
notification or the application will be returned to the applicant and
processing of the application will be terminated. Not later than five business
days after receipt of all of the missing application components, the chief will
review the application for completeness and notify the applicant of the
chief's determination.
(E) Site review. A site review for the
proposed well site, which is set forth in division (H) of section 1509.06 of
the Revised Code, will occur no later than fifteen business days after the
applicant's receipt of notification that the application is complete under
paragraph (D) of this rule, unless otherwise mutually agreed on by the
applicant and the chief.
(1) Prior to the site
review and for the site review meeting, the applicant will install stakes at
the proposed well site in a quantity and in a manner that delineates the
proposed well site. The installation of the stakes will show the proposed well
site boundary, the corners of the proposed well pad, proposed roads, items and
areas that are identified in the application that will remain undisturbed, and
all other items that allow an understanding of the planned construction of the
proposed well site.
(2) The chief, the
applicant's designee, and the professional engineer who is responsible for
the plans prepared under paragraph (C) of this rule or another person under the
professional engineer's direct supervisory control will meet at the
proposed well site for a site review meeting. At the site review meeting, the
chief may conduct a physical review of the proposed well site, discuss the
application, identify items that are necessary to ensure compliance with this
rule, identify site-specific terms and conditions that may be attached to a
permit that approves an application to construct a well site, and identify
site-specific terms and conditions that may be attached to a permit to drill a
horizontal well.
(F) Review procedures.
(1) Not later than thirty
days after the site review meeting conducted under paragraph (E) of this rule,
the chief will review the application to determine if the application to
construct the proposed well site is in accordance with this rule.
(2) If the chief
identifies items that are necessary to ensure the well site design and
application complies with this rule, the chief will notify the applicant of the
items and the applicant may submit a revised application or portions of a
revised application with an identification of all revisions. The chief may
require the resubmission of the entire application. The chief will review the
revisions or resubmitted application within fifteen business days of receipt.
If after sixty business days from the date the chief notified the applicant of
the items and the applicant has not submitted the revised application or
portions of the revised application, the chief will return the application to
the applicant and the application will be terminated by the division. The chief
may approve a longer period of time for submission of the revised application
or portions of the revised application, upon written request by the applicant.
(3) After completing the
review of the application, the chief will either issue a permit to construct a
well site or issue an order denying the application. If the chief issues a
permit to construct a well site, the chief may include terms and conditions.
(4) At any time, the
chief may require the applicant or person to submit additional information
pertaining to the design or construction of the proposed well site that the
chief determines is necessary for the protection of public health or safety or
to prevent substantial damage to natural resources or is necessary to ensure
compliance with this rule.
(G) Construction and
operation.
(1) A person who has
received a permit approving an application from the chief to construct a well
site may initiate construction of the proposed well site. The proposed well
site will be constructed in conformance with the approved application and in
accordance with Chapter 1509. of the Revised Code and rules adopted under it.
The person will inform the chief in writing at least forty-eight hours prior to
commencement of construction unless another time period is agreed to by the
chief.
(2) Beginning with the
commencement of construction, a person who has received a permit from the chief
approving an application to construct a well site is to do all of the
following;
(a) Ensure as-built construction drawings to the approved
application for which a permit was issued by the chief are current and
available at the well site;
(b) Maintain a sign that is legible from the public
right-of-way that includes the well pad name, a twenty-four-hour emergency
contact number, county, township, section or lot number, and the 911 address of
the well site;
(c) Maintain emergency response access;
(d) Maintain safe traffic flow near the entrance to the
well site;
(e) Maintain sediment and erosion controls and/or soil
stabilization measures so that they perform as designed in the approved
application;
(f) Ensure that the pipes, ditches, and other conveyances
of surface water and hydraulic control structures perform as designed in the
approved application;
(g) Ensure that the dust controls perform as designed in
the approved application; and
(h) Maintain well site stability as designed in the
approved application.
(H) Modification of
application.
(1) All modifications to
the approved application are to be documented within one working day on a
modification summary form prescribed by the chief. The form will be submitted
electronically, be updated daily if a modification is performed and be current
and available for review at the well site.
(2) All material
modifications to a well site or to an approved application are to be approved
by the chief prior to implementation. All proposed material modifications will
be submitted to the chief in writing, or other means approved by the chief, and
include all of the following:
(a) A detailed description of the proposed material
modification and the potential impact to the performance of the well site;
(b) A specific identification of every portion of the
application, as applicable, that is proposed to be modified; and
(c) Revised application documents, as applicable,
pertaining to the material modifications.
(3) After receipt of a
material modification submittal, the chief will review the material
modification. Within five business days of receipt of the material modification
submittal, the chief will either approve the proposed material modification or
identify any items that are necessary to ensure compliance with this rule. If
the chief identifies items that are necessary to ensure compliance with this
rule, the person will submit a revised material modification that includes the
identified items for approval. The chief will review the revisions within five
business days of receipt. The chief may require a site review prior to
determining whether to approve the proposed material modification or
identifying items necessary to ensure compliance with this rule. If the chief
requires a site review, the five business days period established under this
paragraph will be suspended until completion of the site review. The site
review will occur no later than five business days after the chief's
request for a site review, unless mutually agreed on by the applicant and the
chief.
(4) The chief may require
the person to submit a certification in accordance with paragraph (I)(1) of
this rule upon completion of a material modification.
(5) Nothing in paragraph
(H) of this rule precludes a person from taking emergency actions necessary to
prevent harm to human health or safety or to prevent harm to the environment.
If the actions will result in a material modification, the person will submit a
summary of the activities within twenty-four hours of the actions. In addition,
the person will submit modification documents for the emergency actions taken
in accordance with paragraph (H) of this rule within three business days of the
event that posed a threat to human health or safety or to the environment, or
within another time frame as agreed to by the chief.
(6) Alternate options
contained in the approved application that are or are not implemented will not
be considered material modifications, but will be documented in the same manner
as a modification in paragraph (H)(1) of this rule.
(7) The chief may waive
all or part of the submission established in paragraph (H) of this rule.
(I) Horizontal well site reclamation
modification. This applies to a well site for which construction commenced on a
well pad with the intention to drill one or more horizontal wells and
associated production operations. The well site reclamation will be designed
and constructed in a manner that protects public health and safety and
minimizes damage to natural resources.
(1) In order to proceed
with a horizontal well site reclamation modification, a person is to do all of
the following:
(a) Develop and submit to the division well site
reclamation construction documents per applicable sections of paragraphs (C)
and (H) of this rule. When submitting documents per paragraph (C) of this rule,
the chief may approve a minimum factor of safety for slope stability not less
than 1.3.
(b) After receipt of a reclamation modification submittal,
the chief will review the reclamation modification. Within fifteen business
days of receipt of the reclamation modification submittal, the chief will
either accept the proposed reclamation modification or identify any items that
are necessary to ensure compliance with this rule. If the chief identifies
items that are necessary to ensure compliance with this rule, the person will
submit a revised reclamation modification that includes the identified items
for approval. The chief will review the revisions within fifteen business days
of receipt. The chief may require a site review prior to determining whether to
approve the proposed reclamation modification or identifying items necessary to
ensure compliance with this rule. If the chief requires a site review, the
fifteen business days period established under this paragraph will be suspended
until completion of the site review. The site review will occur no later than
five business days after the chief's request for a site review, unless
mutually agreed on by the applicant and the chief.
(2) Reclamation
certification
(a) After the completion of any well site reclamation
construction, the person who received the reclamation modification approval
will submit to the chief a signed and sealed certification from the
professional engineer who has personal professional knowledge of the
construction of the well site reclamation. The certification will be on a form
prescribed by the chief and specifically state: "The documents were
designed in accordance with all applicable statutes and rules adopted under
them and the well site reclamation was constructed in reasonably close
conformity with the approved reclamation modification submittal, including all
modifications." In addition, the reclamation certification submittal will
include the record drawings, the modification summary form described in
paragraph (H)(1) of this rule and if applicable, the landowner waiver on a form
prescribed by the chief pursuant to division (B) of section 1509.072 of the
Revised Code. A reclamation construction certification is due to the division
in accordance with the following as applicable:
(i) Within the timeframes
set forth in division (B) of section 1509.072 of the Revised Code for final
reclamation after all wells on a well site have been plugged.
(ii) Within the
timeframes set forth in paragraph (J)(7)(b) of this rule for final reclamation
on well sites with expired certification.
(iii) Within the
timeframes set forth in paragraph (J)(2) of this rule for final reclamation on
well sites with expired horizontal well site construction permit.
(iv) For partial well
site reclamation, prior to submission of a material modification to remove the
reclaimed area from the well site boundary.
(3) A reclamation
construction certification will be maintained for a period of two years from
the date of submission of the complete reclamation certification.
(a) At any time prior to final release the chief may
require the person to obtain the services of a professional engineer to
evaluate the reclaimed well site and to develop a design to remediate the
conditions where the reclaimed well site does not perform or is not likely to
perform as designed; fails to protect public health and safety; or is likely to
fail to prevent substantial damage to natural resources. If the chief requires
the evaluation of a professional engineer, the chief may extend the
certification period established in paragraph (I)(3) of this rule up to an
additional two years.
(b) After the period of two years, the division will
perform a final inspection to verify site performance and compliance with the
approved reclamation modification.
(c) Final release may be obtained sooner with a landowner
release on a form prescribed by the chief and approval by the chief.
(d) Upon written request of the applicant, the chief may
reduce the time period established in paragraph (I)(3) of this rule
if:
(i) The site is graded
and terraced;
(ii) Vegetation is
planted, seeded, sodded;
(iii) Vegetation is
established; and
(iv) The site will not
result in substantial erosion and sedimentation.
(J) Certification.
(1) Not later than three
years after the effective date of the permit approving an application for
construction of a well site and prior to the mobilization of any drilling
equipment to the well site, the person who received the permit will submit to
the chief a signed and sealed certification from the professional engineer who
has personal professional knowledge of the construction of the well site. The
certification will be on a form prescribed by the chief and specifically state:
"The application documents were designed in accordance with all applicable
statutes and rules adopted under them and the well site was constructed in
reasonably close conformity with the approved application, including all
modifications." In addition, the certification submittal will include the
record drawings and the modification summary form described in paragraph (H)(1)
of this rule. Mobilization of any equipment associated with drilling or well
stimulation to the well site may commence beginning two business days after
receipt of the complete certification submittal or upon notice from the chief.
(2) If after three years,
construction is started but the site has not been certified, the well site will
be reclaimed within nine months.
(3) Pending receipt of
the record drawings in accordance with paragraph (J)(1) of this rule and upon
written request of the person, the chief may authorize limited and conditional
use of the well site if all the following have been received by the
chief:
(a) The certification form as described under paragraph
(J)(1) of this rule;
(b) As-built construction drawings documenting all
modifications and material modifications to the approved drawings for which a
permit approving an application to construct a well site was issued by the
chief; and
(c) The modification summary form prescribed in paragraph
(H)(1) of this rule that is signed by the professional engineer.
(4) If the chief
determines that the certification submitted under paragraph (J)(1) of this rule
is incomplete or does not accurately document the constructed well site, the
chief may issue an order ceasing operations on the well site. The chief will
rescind the cessation order upon the submission of a new certification and
updated record drawings.
(5) At any time before
final reclamation, the chief may require the person to obtain the services of a
professional engineer to evaluate the well site and to develop a design to
remediate the conditions that under paragraph (J)(4) of this rule are the basis
for a chief's order ceasing operations on the well site. The design to
remediate the causes and conditions will comply with paragraphs (H)(2) to
(H)(7) of this rule. The chief will rescind the cessation order upon
implementation of the remedial design and the submission of a new certification
and updated record drawings. The chief may issue an order ceasing operations on
the well site if any of the following apply:
(a) The constructed well site does not perform or is not
likely to perform as designed;
(b) The constructed well site does not perform or is not
likely to perform in a manner that supports the safe drilling and production
operations of one or more horizontal wells;
(c) The constructed well site fails or is likely to fail to
protect public health and safety; or
(d) The constructed well site fails or is likely to fail to
prevent substantial damage to natural resources.
(6) If an order ceasing
operations has been issued under paragraph (J)(4) or (J)(5) of this rule and
the person fails to provide a certification of the well site, the person will
reclaim the well site under paragraph (J)(7)(b) of this rule.
(7) If within two years
of the chief's receipt of the original certification, a horizontal well
has not been spudded, a horizontal well has been spudded but not completed, or
drilling is not progressing with due diligence, the person will do either of
the following:
(a) Certify the well site in accordance with either of the
following:
(i) If after two
certifications a horizontal well has not been spudded, a horizontal well has
been spudded but not completed, or dilling is not progressing with due
diligence, the person will reclaim the well site under paragraph (J)(7)(b) of
this rule; or
(ii) A person may request
a third certification if the person has obtained a valid drilling permit for a
horizontal well to be located on the well site and the person submits a written
justification demonstrating a viable plan to utilize the well site. The chief
may accept or reject the certification request.
(b) Reclaim the well site to its original land use and
approximate pre-construction conditions within nine months of the certification
being terminated unless either of the following apply:
(i) The chief, upon
written application submitted by the person, approves an extension of the time;
or
(ii) The chief, upon
written request for a waiver submitted by the person, releases the person from
responsibility to perform any or all restoration requirements. The request will
contain the signature of the surface owner approving the release sought. The
chief will approve the request unless the chief finds upon inspection of the
well site that the request would likely result in substantial damage to
adjoining property, substantial contamination of surface or underground water,
substantial erosion or sedimentation, or otherwise threatens public health and
safety or substantial damage to natural resources.
(K) Well site transfer.
(1) Except as set forth
in paragraph (K)(3) of this rule, if ownership of a well site is transferred,
all of the following apply:
(a) The transferor will notify the chief on a form
prescribed and provided by the chief.
(b) The transferee will be responsible for future
certification(s) in accordance with this rule.
(2) Upon transfer of a
well site, the transferee is responsible for operation and maintenance of the
well site in accordance with Chapter 1509. of the Revised Code and rules
adopted under it.
(3) This provision does
not apply to the transfer of a constructed well site to the surface owner in
accordance with paragraph (J)(7)(b)(ii) of this rule.
(4) A permit issued
pursuant to these rules and regulations is not transferable.
