Chapter 1501:9-4 | Oil and Gas Waste Facilities

Rule 1501:9-4-01 | Definitions.

• Effective: January 13, 2022
• Promulgated Under: 119.03

As used in Chapter 1501:9-4 of the Administrative Code:

(A) "Amendment" means a written authorization of the chief to make a revision to a certified oil and gas waste facility. "Amendment" means any of the following:

(1) Any substantial alteration in the operational processes at an oil and gas waste facility;

(2) Any substantial alteration in the volume of brine or other waste substances that could be stored, treated, recycled, or processed at the oil and gas waste facility;

(3) Any substantial alteration in the equipment or appurtenances used to perform the operations at the oil and gas waste facility;

(4) Any substantial alteration to the design or construction of the oil and gas waste facility;

(5) Any alteration to the design or construction of the oil and gas waste facility that reduces the ability of the oil and gas waste facility to safely operate; protect public health and safety, or minimize damage to natural resources; or

(6) Any alteration that results in an adjustment of the oil and gas waste facility boundary.

(B) "Applicant" means a person that submits an application for a permit to operate an oil and gas waste facility.

(C) "Background sample" means a sample collected from a reference area for comparison with samples collected on site. The reference area should have the same physical, chemical, geological, and biological characteristics as the site being investigated, but has not been affected by activities on the site.

(D) "Barrel" means a quantity of liquid equal to forty-two U.S. gallons.

(E) "Brine" has the same meaning as in section 1509.01 of the Revised Code.

(F) "Certification documents" means a submittal of documents to the chief that includes all of the following:

(1) A certification form;

(2) The record drawings of the facility;

(3) A modification summary form, if applicable;

(4) A verification of integrity inspection and testing results; and

(5) A recommendation of occupancy from the board of building standards.

(G) "Certification form" means a signed and sealed form by a professional engineer who has personal professional knowledge of the construction of the oil and gas waste facility that is the subject of an application that includes the statement that "The application documents were designed in accordance with all applicable statutes and rules adopted under them and the oil and gas waste facility was constructed in reasonably close conformity with the approved application, including all approved material modifications."

(H) "Chief" means the chief of the division of oil and gas resources management.

(I) "Closure" means the cessation of all storage, recycling, treatment, or processing of brine or other waste substances for the purpose of permanently terminating any portion of the operations at an oil and gas waste facility.

(J) "Construction" means any alteration of the earth, including soil, sediment, rock, sand, gravel, and organic material; or the assemblage or initiation of assemblage of any infrastructure, building, structure, fixtures, or portions thereof for the purpose of creating an oil and gas waste facility. "Construction" does not include the short-term storage of equipment or materials; activities to protect sensitive areas or habitats; seasonal tree and vegetative cutting; or any activity that does not exceed one acre of earth disturbance conducted for the preparation of an oil and gas waste facility.

(K) "Containment" means primary containment or secondary containment.

(L) "Contaminant of concern" means a contaminant for the storing, recycling, treating, or processing of brine and other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources.

(M) "Decommissioning plan" means a plan that contains all of the following:

(1) A schedule to decommission an oil and gas waste facility;

(2) A description of the closure and of the cleaning of all containments and equipment for unrestricted use or conditional release; and

(3) A description of the removal and proposed final disposition of all brine and other waste substances from the oil and gas waste facility.

(N) "Decommissioning report" means a report that includes all of the following:

(1) All manifests for the final disposition of all brine and other wastes substances removed from the oil and gas waste facility;

(2) The final disposition of all piping, equipment, liners, rig mats, or other appurtenances used as part of the oil and gas waste facility; and

(3) All analytical results.

(O) "Division" means the division of oil and gas resources management, Ohio department of natural resources.

(P) "Drill cuttings" means the soil, rock fragments, and pulverized material that are removed from well as defined in section 1509.01 of the Revised Code and that may include a de minimus amount of fluid that results from a drilling process.

(Q) "Environmental professional" has the same meaning as in 40 C.F.R. 312.10.

(R) "Facility plans" means the plans submitted to the chief for an oil and gas waste facility, that include all of the following:

(1) Signed and sealed by a professional engineer;

(2) Compliant with the Ohio building code;

(3) Prepared using commonly accepted drafting standards;

(4) Clear, legible, and drawn to a scale on American national standards institute (ANSI) size D; and

(5) And all other information required in rule 1501:9-4-04 of the Administrative Code.

(S) "Financial Assurance" means any of the following:

(1) Surety bond executed by a surety company authorized to do business in this state;

(2) Cash;

(3) Irrevocable letter of credit issued by any bank organized or transacting business in this state; or

(4) Negotiable certificate of deposit issued by any bank organized or transacting business in this state.

(T) "Fluid" means a waste substance that fails the United States environmental protection agency standard "SW-846 Test Method 9095B: Paint Filter Liquids Test" and can be reused in a drilling operation or disposed of in an injection well without processing other than settling or filtration.

(U) "Industry standard" means the criteria within a particular field or industry that are generally the minimal accepted requirements followed by the members of that field or industry.

(V) "Letter of commencement" means a written approval of the chief to commence storing, recycling, treating, processing, or disposing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources at an oil and gas waste facility.

(W) "Long-term oil and gas waste facility" means an oil and gas waste facility that stores, recycles, treats, or processes brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued under those authorities.

(X) "Manifest" means a shipping document that describes the brine or other waste substances when it is transported by any means other than a pipeline and contains a description of the brine or other waste substances, the name of the person that generated the brine or other waste substances, the volume of brine or other waste substances, and the destination of the brine or other waste substances.

(Y) "Material modification" means any of the following that occurs during construction, in accordance with rule 1501:9-6-07 of the Administrative Code:

(1) Any substantial alteration to the design or construction of an oil and gas waste facility;

(2) Alteration to the design or construction of the oil and gas waste facility that reduces the ability of the oil and gas waste facility to safely operate, protect public health and safety, or minimize damage to natural resources; or

(3) Any alteration that results in an adjustment of the oil and gas waste facility boundary.

(Z) "Modification summary form" means a form prescribed by the chief that is submitted electronically to the division that includes all modifications made to an approved application, is updated daily upon performance of a modification, and is made available for review by the division at the oil and gas waste facility site during construction.

(AA) "Naturally occurring radioactive material" or "NORM" has the same meaning as in section 3748.01 of the Revised Code.

(BB) "Notice of application" means a notification provided by the division that an application for a permit for an oil and gas waste facility has been submitted to the division, which includes all of the following information as applicable:

(1) The name and address of the applicant;

(2) The township, county and address or coordinates of the oil and gas waste facility;

(3) The phone number, website address and mailing address of the division;

(4) The name, title, email, and telephone number of the applicant's contact;

(5) A description of each type of waste substance that will be stored, processed, treated, or recycled by the oil and gas waste facility;

(6) The proposed maximum volume of brine and each other waste substances that is proposed to be stored or used in any phase of processing, treatment, or recycling at the oil and gas waste facility;

(7) A statement to all parties required to be notified pursuant to this chapter that the division will consider all written comments received by the division, within thirty calendar days of the posting of the public notice on the division's website; and

(8) A statement to an owner of real property, who receives the notice of application pursuant to this chapter, that within five business days of receipt of the notice of application, the owner of real property is required to provide notice of application to each residence in an occupied dwelling that is located on the owner's parcel of real property.

(CC) "Ohio Building Code" means the requirements established in division 4101:1 of the Administrative Code.

(DD) "Oil and gas waste facility" or "facility" means all buildings, structures, portions of a building or structure, vessels, containers, equipment, pipelines, and other fixtures at a location for the purpose of storing, recycling, treating, processing, or disposing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued under those authorities. "Oil and gas waste facility" does not include any of the following:

(1) Operations authorized by a permit issued under section 1509.06 of the Revised Code, including associated exploration, development, well stimulation, production operations, or plugging of oil and gas resources that take place at a well site and only serve operations at that well site;

(2) Operations authorized by a permit issued under section 1509.21 of the Revised Code and operations authorized by a permit issued pursuant to division (D) of section 1509.22 of the Revised Code and rules adopted under it;

(3) Storing of brine or other waste substances in a vehicle, vessel, or container at locations for less than seventy-two hours for which a manifest has been generated in accordance with paragraph (B) of rule 1501:9-6-08 of the Administrative Code;

(4) A facility used by a government authority to store brine used solely for ice and/or dust control in accordance with an approved brine spreading resolution subject to section 1509.226 of the Revised Code; or

(5) A facility that disposes of other waste substances pursuant to a permit issued under Chapter 3734. of the Revised Code and rules adopted under it.

(EE) "Oil and gas waste facility boundary" means the boundary delineated for an oil and gas waste facility and includes all areas physically altered for construction and related to the operation of the facility including erosion and sediment controls, storm water management and pipelines.

(FF) "Oil and gas waste facility permit" means an authorization to store, recycle, treat, process, or dispose of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources under this chapter.

(GG) "Original condition" means the site conditions existing prior to the construction and operation of an oil and gas waste facility.

(HH) "Other waste substances," "waste substance," or "waste" means a substance that results from the exploration, development, well stimulation, production operations, or plugging of oil and gas resources. "Other waste substances," "waste substance," or "waste" does not include wastes associated with gas processing facilities or pipelines not regulated under Chapter 1509. of the Revised Code and any rules adopted under it. "Other waste substances," "waste substance," or "waste" includes, but is not limited to, the following:

(1) Drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds;

(2) Solids generated from the storing, recycling, treating, or processing of drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds;

(3) Drill cuttings, used proppants, used filter media, lost circulation materials, and used drilling muds that are stored, recycled, treated, or processed as ingredients to create a product;

(4) Earthen materials mixed with brine or any substances listed in paragraph (GG)(1) of rule 1501:9-3-01 of the Administrative Code;

(5) Oil, gas, or condensate that is not removed from the substance prior to acceptance at a facility; and

(6) Non-potable water resulting, obtained, or produced from the exploration, drilling, stimulation, testing, workover, plugging of an oil and gas well or production of oil or gas.

(II) "Permittee" means a person who has been issued an oil and gas waste facility permit under this rule.

(JJ) "Person" has the same meaning as in section 1509.01 of the Revised Code.

(KK) "Pipeline" means pipe, associated appurtenances, and conveyances that are installed or used for the transportation of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources "Pipeline" also means pipe, appurtenances, and conveyances used to transport brine to a class II disposal well. "Pipeline" does not include process piping.

(LL) "Preliminary site review" means a site visit conducted by the chief that includes the applicant or the applicant's designee and the professional engineer, if applicable, who is responsible for preparing the drawings or the professional engineer's designee to review the location of a proposed oil and gas waste facility.

(MM) "Preoperational site review" means a site visit conducted by the chief that includes the permittee's designee and the professional engineer who is responsible for preparing the record drawings or their designee to review an oil and gas waste facility to ensure accuracy of the certification documents.

(NN) "Primary containment" means a structure or equipment that is or will be in direct contact with brine or with other waste substances to prevent a release of the brine or other waste substance, including but not limited to a tank, vessel, dike, pipe, liner, vault, or other equipment.

(OO) "Process piping" or "piping" means pipe, associated appurtenances, and conveyances associated with storing, processing, treating, or recycling activities at an oil and gas waste facility for which a permit has been issued pursuant to Chapter 1501:9-6 of the Administrative Code.

(PP) "Processing" or "process" means to subject brine or other wastes to mechanical or physical procedures.

(QQ) "Production operation" has the same meaning as in section 1509.01 of the Revised Code.

(RR) "Professional engineer" and "professional surveyor" have the same meanings as in section 4733.01 of the Revised Code.

(SS) "Qualified person" means a person that has specific training, expertise and experience that meets common industry standards for performing specific testing and inspections to verify component and system integrity and is not an employee or operator of the oil and gas waste facility whose components or systems are being assessed.

(TT) "Reagent" means a product or chemical used in processing or treating brine or other waste substances.

(UU) "Reclamation" means actions taken upon closure of an oil and gas waste facility to decommission, assess, remediate, and restore a former oil and gas waste facility site to conditions that do not present a threat to human health or safety or to the environment.

(VV) "Recommendation of occupancy" means approval of a building or structure for the purpose under which the building or structure is to be used.

(WW) "Recycling" or "recycle" means to process or treat brine or other waste substances in order to use again.

(XX) "Record" means information developed and maintained during the operation of an oil and gas waste facility. "Record" includes, but is not limited to, logs of storm water discharge, verification of integrity results, manifests, analytical testing results related to the manifests, standard operating procedures, and log of inspections.

(YY) "Record drawings" means a revised set of drawings generated from the as-built construction drawings that are signed, sealed, and submitted by a professional engineer after completion of construction of an oil and gas waste facility that reflect all modifications made during construction to an application approved under Chapter 1501:9-6 of the Administrative Code and show the dimensions, geometry, and location of all elements of the work completed.

(ZZ) "Remedial action plan" means a plan prepared by an environmental professional that describes mitigations of any negative impacts from the operation of the oil and gas waste facility and the potential to cause harm to human health, safety, or the environment and includes all of the following:

(1) A means to determine the vertical and horizontal extents of the contaminants' migration;

(2) Appropriate cleanup standards for any contaminants of concern

(3) A course of action on how to remediate the contaminated soils, ground water, and surface water; and

(4) A schedule of implementation.

(AAA) "Remedial action report" means a detailed report prepared by an environmental professional that explains all remedial actions performed pursuant to a remedial action plan and includes all of the following:

(1) A tabular summary of all groundwater, surface water, and soil sampling analytical laboratory results;

(2) A map identifying sample locations;

(3) A description of and rationale for all sampling activities;

(4) A description of sampling protocols;

(5) All analytical laboratory data;

(6) Manifest(s) for the lawful disposal or recycling of waste substances removed during the remedial actions; and

(7) Conclusions of the environmental professional upon completion of the remedial action phase.

(BBB) "Secondary containment" means a structure, including but not limited to, a tank, vessel, berm, dike, pipe, liner, vault, curbing, drip pan, sump, or other equipment constructed or placed in a manner to temporarily contain a release of brine or other waste substance from primary containment and to prevent the brine or other waste substance from coming into contact with the ground water or the land, or to be discharged or likely to be discharged into surface water.

(CCC) "Short-term oil and gas waste facility" means an oil and gas waste facility that allows for temporary storing, recycling, treating, or processing of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code, or conditions of a permit issued thereunder.

(DDD) "Site assessment plan" means a plan prepared and performed by an environmental professional that sets forth the criteria and evaluations to be used to determine if operations of an oil and gas waste facility impacted the soil, surface water, and/or groundwater, which describes screening and visual inspection of the oil and gas waste facility and soil samples, groundwater, and surface water samples analyzed for contaminants of concern and includes a schedule of implementation.

(EEE) "Site assessment report" means a report prepared by an environmental professional that describes the sampling methodology and rationale, procedures for collection of samples, comparison of analytical data to background samples, conclusions based on the comparison of the analytical data determining whether remedial actions are necessary, and all supporting laboratory results.

(FFF) "Site restoration inspection" means an inspection by the chief with the permittee or the permittee's designee to review the site of a reclaimed oil and gas waste facility to ensure compliance with the approved site restoration plan.

(GGG) "Site restoration plan" means a plan that details the proposed restoration of an oil and gas waste facility and that includes construction documents prepared by a professional engineer and an implementation schedule.

(HHH) "Solid" means a waste substance that passes the United States environmental protection agency standard "SW-846 Test Method 9095B: Paint Filter Liquids Test."

(III) "Stabilization" means treating a waste to permanently bind or eliminate the fluid content in the waste substance.

(JJJ) "Stabilization agent" means a material such as portland cement, quick lime (calcium oxide), or other material approved by the chief that binds or chemically reacts with the liquid component in a waste and results in a solid that when compressed does not release brine or other liquid.

(KKK) "Storing" or "store" means to accumulate or collect with a means for ultimate disposal of the brine or other waste substances.

(LLL) "Surface facility" means a facility that is solely connected to a class II disposal well for the purposes of filtering, storing, or filtering and storing brine prior to injection and the facility has a total nominal storage volume of twelve thousand barrels or less.

(MMM) "Suspension" means a waste substance that is not a solid and is not a fluid.

(NNN) "Technologically enhanced naturally occurring radioactive material" or "TENORM" has the same meaning as in section 3748.01 of the Revised Code. "TENORM" includes all of the following if the radionuclide concentrations have been increased by or as a result of past or present human activities:

(1) Proppants previously used in a well;

(2) Oil-based drilling mud, water-based drilling mud, brine, and other fluids that have been circulated in a well;

(3) Solids accumulated in pipes, valves, or equipment that convey brine or oil and gas waste substances;

(4) Solids that have settled to the bottom of containments that have been used to store, recycle, treat, or process brine or oil and gas waste substances;

(5) Rinsate generated from the cleaning or washing of vessels, containments, pipes, or equipment associated with a production operation or the transportation of brine and other waste substances;

(6) Filter media used to remove particulates and solids from oil and gas related fluids; and

(7) Any other material that is mixed with any substance identified in this paragraph.

(OOO) "Temporary" means a period of time that does not exceed one year from the receipt of a letter of commencement.

(PPP) "Treating" or "treat" means to subject brine or other waste substances to chemical procedures.

(QQQ) "Verification of integrity" means the testing or inspection in accordance with industry standards of all primary containment, secondary containment, equipment, piping systems, and other appurtenances at the oil and gas waste facility that are performed by a qualified person and are of the appropriate type for the component and system being tested or inspected.

(RRR) "Well" has the same meaning as in section 1509.01 of the Revised Code.

Last updated January 13, 2022 at 8:32 AM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-02 | General provisions.

• Effective: January 13, 2022
• Promulgated Under: 119.03

(A) A person may only store, recycle, treat, process or dispose of brine and other waste substances at an oil and gas waste facility in accordance with Chapter 1509. of the Revised Code and rules adopted under it.

(B) No person may allow brine or other waste substances at an oil and gas waste facility to migrate into an underground source of drinking water.

(C) Not later than one hundred eighty days after the effective date of this rule, a person operating an oil and gas waste facility under a chief's order must either:

(1) Obtain a permit in accordance with section 1509.22 of the Revised Code and rule 1501:9-4-04 of the Administrative Code, obtain insurance pursuant to paragraph (F) of this rule, and obtain financial assurance pursuant to paragraph (G) of this rule; or

(2) Immediately suspend operations and begin reclamation procedures pursuant to rule 1501:9-4-07 of the Administrative Code.

(D) Any information deemed proprietary or confidential by the applicant must be clearly marked as such on the applicable document or form and the proprietary or confidential information supplied on a separate page before submission of the information to the division. If a person requests the division to release the information pursuant to Chapter 149. of the Revised Code, the division will notify the applicant that the information will be provided pursuant to Chapter 149. of the Revised Code and and provide the information, unless the applicant obtains a court order preventing the division's release of the information.

(E) Any private entity submitting an infrastructure record, as defined by division (A) of section 149.433 of the Revised Code, to the division may include a written statement substantially similar to the following: "This information is voluntarily submitted to a public office in expectation of protection from disclosure as provided by section 149.433 of the Revised Code." As provided in section 149.433 of the Revised code, an infrastructure record accompanied by such a statement is exempt from release in response to a public records request for a period of twenty-five years after its creation.

(F) Insurance

(1) Prior to construction and operation of an oil and gas waste facility, a person must obtain a liability insurance policy in an amount not less than two million dollars bodily injury coverage for each occurrence and two million dollars property damage coverage for each occurrence to pay damages for injury to persons or property caused by the storage, recycling, treatment, processing, or disposal of brine and other waste substances.

(2) A person shall provide proof of liability insurance coverage to the chief of the division of oil and gas resources management upon request. Upon failure of the person to provide that proof when requested, the chief may order the suspension of the facility until the person provides proof of the required insurance coverage.

(3) The insurance policy required by paragraph (F) of this rule shall be maintained in effect during the construction and operation of the oil and gas waste facility. The policy or policies providing the coverage shall require the insurance company to give notice to the chief if the policy or policies lapse for any reason. Upon such termination of the policy, the chief may order the suspension of operations of the oil and gas waste facility until proper insurance coverage is obtained.

(G) Financial assurance

(1) A person, prior to construction and operation of an oil and gas waste facility, shall execute and file with the division financial assurance conditioned on compliance with Chapter 1509. of the Revised Code, division 1501:9 of the Administrative Code, and all rules and orders issued pursuant to either. The financial assurance must be payable to the state as oblige and calculated by either of the following:

(a) Multiplying the permitted total nominal amount of storage, processing, and treatment volume by ten dollars for each barrel of liquid and three hundred twenty-five for each cubic yard of solid waste; or

(b) An amount determined by performing a closure cost study that meets the requirements established in rule 1501:9-4-07 of the Administrative Code. The study shall be based on a third party conducting the post-closure activities. The chief may review, accept, or require revisions to the closure cost study. If a study is used to determine financial assurance, the study shall be performed every five years, and if the amount changes, new financial assurance obtained.

(2) If the oil and gas waste facility is amended, new financial assurance calculated according to paragraph (G)(1)(a) of this rule shall be obtained at least ninety calendar days after verification of integrity of the amended oil and gas waste facility.

A surface facility as defined in rule 1501:9-3-01 of the Administrative Code does not have to obtain financial assurance under this rule.

(3) If certificates of deposit are deposited with the chief instead of a surety bond, the chief will require the bank that issued any such certificate to pledge securities of a cash value equal to the amount of the certificate that is in excess of the amount insured by any of the agencies and instrumentalities created under the "Federal Deposit Insurance Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and regulations adopted under it, including at least the federal deposit insurance corporation. The securities shall be security for the repayment of the certificate of deposit.

(4) Forfeiture criteria and amount. The chief will forfeit the total amount of a financial assurance when the chief makes a finding of fact that the person who is required to file financial assurance has failed to comply with any of the following:

(a) A final non-appealable chief's order issued;

(b) A compliance agreement entered into under section 1509.04 of the Revised Code; and

(c) The provisions of rule 1501:9-4-07 of the Administrative Code.

(5) Forfeiture procedures.

(a) When financial assurance is to be forfeited, the chief will make a finding of fact and:

(i) Set forth the violations giving rise to the order; and

(ii) Declare the financial assurance is forfeited.

(b) If the financial assurance filed with the division is in the form of a surety bond, irrevocable letter of credit, or certificate of deposit, the chief shall also issue a letter to the surety company or bank involved that informs the surety company or bank of its rights under paragraphs (G) of this rule.

(c) If the financial assurance filed with the division pursuant to section 1509.07 of the Revised Code is in the form of cash, upon forfeiture, the chief will declare the cash forfeited.

(6) Options for the surety company or bank.

(a) Within thirty days after it receives the letter described in paragraph (G)(5) of this rule, each surety company or bank shall notify the chief that it will do one of the following:

(i) Not correct the violation or violations resulting in the issuance of the bond forfeiture findings of fact and shall make payment for the full amount of the financial assurance; or

(ii) Correct the violation or violations set forth in the findings of fact, pursuant to a plan the surety company or the bank shall submit to the chief, that includes a reasonable time within which the surety company or the bank will complete the required work.

(b) The rights of the surety company or bank to correct the violation or violations shall terminate if the surety company or bank fails to do any of the following:

(i) Notify the chief within thirty days after receipt of the letter that it will or will not correct the violation;

(ii) Submit a timetable at the same time it notifies the chief that it will perform the required work; or

(iii) Commence, continue, or complete the required work in a manner and in accordance with the plan submitted under paragraph (G)(6)(b) of this rule and the provisions of Chapter 1509. of the Revised Code.

(c) If the surety company or bank fails to comply paragraph (G)(6) of this rule, the chief will provide written notice to the surety company or bank that terminates the rights of the surety company or bank and demands payment from the surety company or bank for the entire amount of the financial assurance filed with the division.

(7) All moneys collected because of forfeitures of financial assurance as provided in this rule will be deposited in the state treasury to the credit of the oil and gas well fund created in section 1509.02 of the Revised Code and will be used to restore the location for which the financial assurance was provided to the condition that existed prior to the issuance of the permit or order pursuant to division (B)(2)(a) of section 1509.22 of the Revised Code. The chief is not obligated to spend more than the value of the forfeited bond or other financial assurance insurance to restore an abandoned site.

Last updated January 13, 2022 at 8:32 AM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-03 | Surface location and siting criteria.

• Effective: January 13, 2022
• Promulgated Under: 119.03

On and after the effective date of this rule, all of the following apply to a new oil and gas waste facility:

(A) No portion of an oil and gas waste facility shall be located within the boundary of a flood hazard area as delineated on the "National Flood Insurance Rate Map." The chief may waive in writing this requirement if the chief determines the applicant has met applicable flood plain regulations.

(B) No portion of an oil and gas waste facility shall be located within one thousand feet of and within any of the following:

(1) 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";

(2) The emergency management zone of a public water system intake; and

(3) An occupied private dwelling or a public building that may be used as a place of assembly, education, entertainment, lodging, or occupancy by the public. However, the owner or the person with legal authority for the private dwelling or public building may consent in writing to a location of an oil and gas waste facility to a distance less than one thousand feet if the applicant submits the written consent with the application to the chief for approval.

(a) Sites of a proposed oil and gas facility that are zoned industrial are not subject to this paragraph.

(b) Pipelines are not subject to this paragraph.

(C) An oil and gas waste facility cannot be located on or within one hundred feet of a wetland or any surface waters that are waters of the state as defined in section 1509.01 of the Revised Code.

(D) An oil and gas waste facility cannot be located within one hundred feet of and within ponds, developed springs, and water wells unless those ponds, developed springs, and water wells are included as an integral part and support the production operations of the oil and gas waste facility.

(E) Pipelines proposed to be installed within the distances established in paragraphs (C) and (D) of this rule may only be installed if additional requirements that are approved by the chief, are implemented. These requirements include, but are not limited to, double encasement, continuous monitoring, testing frequency, and valving.

Last updated January 13, 2022 at 8:32 AM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-04 | Permit to construct an oil and gas waste facility.

• Effective: January 13, 2022
• Promulgated Under: 119.03

(A) This rule applies to oil and gas waste facilities. This rule applies to both a long-term and a short-term oil and gas waste facility unless specifically excluded within this rule. An oil and gas waste facility shall be designed, constructed, and operated in a manner that safely supports the proposed operations occurring at the oil and gas waste facility and in a manner that protects public health and safety and prevents damage to the environment. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.

(B) Permit and document requirements. For an application submitted or a permit issued under this rule, all of the following apply:

(1) On and after the effective date of this rule, no person may begin construction of or modify, amend, alter, or revise an oil and gas waste facility prior to issuance of a permit by the chief approving an application submitted under this rule.

(2) A permit is specific to the location at which an oil and gas waste facility is located and the location cannot be changed after the issuance of a permit.

(3) The operator of a short-term oil and gas waste facility may submit an application for renewal of its permit no later than thirty days prior to the permit's expiration. The chief may approve the renewal one time only if the permit application is identical to the original application. A person may only change a short-term oil and gas waste facility to a long-term oil and gas waste facility if an application is filed and approved by the chief. A permit to construct an oil and gas waste facility cannot be amended to change the type of permit issued.

(4) The chief may require the applicant or permittee to submit additional information pertaining to the design, construction, or operation of the proposed or permitted oil and gas waste facility that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.

(C) An application for a permit includes all of the following components as applicable:

(1) Application form prescribed by the chief.

(2) Description. A description of the proposed operations at the oil and gas waste facility that includes the following, if applicable:

(a) A summary of the design flow;

(b) A summary of the total primary containment capacity and of each individual primary containment capacity, that includes, at a minimum, volume of containment, type of containment, contents in containment, and location of containment;

(c) Mechanical processes;

(d) Chemical processes, including disclosure of each reagent and a general description of its function in the process;

(e) Discharge prevention measures from storage vessels and secondary containment, such as overfill protection, shut-off valves, and leak detection systems;

(f) Leak detection method for pipelines;

(g) Procedures for loading, unloading, transferring, and other means of handling of brine, other waste substances, or reagents;

(h) Methods of metering and tracking the system throughput, including details on how brine will be separated and tracked by those subject to fee(s) pursuant to division (H) of section 1509.22 of the Revised Code;

(i) Identification of the proposed final disposition of all brine and other waste substances handled or wastes generated by the oil and gas waste facility, that may include, disposal in an Ohio licensed solid waste landfill, an out-of-state landfill, a class II injection well, oil and gas waste facility, and reuse at another production operation. Wastes generated may include, but not be limited to, tank bottoms, filter media, process rinsate, precipitates, sludge and sediment; and

(j) Identification of any class II disposal well(s) by API number which are proposed to be connected to the oil and gas facility.

(3) Facility plans. The plans will include the detailed drawings, reports, plans, and information specified under paragraphs (C)(3)(a) to (C)(3)(c) of this rule.

(a) Design and construction drawings. The design and construction drawings will include all of the following:

(i) A title page that contains the name of the applicant; emergency contact information to be used during construction; the name of the oil and gas waste facility; the county, township, and section or lot number where the proposed facility will be located; coordinates of the intersection of the centerline of the entrance apron at the public right-of-way using latitude and longitude, in a format of decimal degrees, to a minimum of six decimal places; and a sheet index;

(ii) A plan sheet consisting of the most recent color orthorectified aerial image known to the applicant at the time of design with pixels no larger than one foot showing the location of the proposed oil and gas waste facility;

(iii) A plan sheet sealed by a professional surveyor showing the location of the proposed oil and gas waste facility boundary and the control points used to generate the map;

(iv) The scale in feet, legend, graphical scale, and north arrow;

(v) 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, which also locate all elements horizontally in relation to the "North American Datum of 1983" and vertically in relation to the "North American Vertical Datum 1988";

(vi) The proposed and existing contours with an intermediate contour interval not greater than two feet and an index not greater than ten feet;

(vii) Scaled detail drawings for all buildings and improvements including supporting drawings such as, electrical, plumbing, structural, and life safety;

(viii) Scaled detail drawings for components including pumps, piping and valves of each system proposed that will be used for storage, recycling, treatment, processing, or disposal;

(ix) Scaled detail drawings for all primary containment and secondary containment systems proposed and their capacities;

(x) Scaled detail drawings for any engineering controls and features proposed for radiological protections;

(xi) A plan sheet that identifies the traffic flow patterns of all transport vehicles within the proposed oil and gas waste facility;

(xii) Emergency release conveyance map. An emergency release conveyance map includes all of the following on a separate drawing sheet:

(a) Locations downslope of the proposed oil and gas waste facility and any related pipelines where response resources may be deployed for the purposes of containment in the event of an emergency release using latitude and longitude, in a format of decimal degrees, to a minimum of six significant decimal places;

(b) Flow path and identification of nearest receiving streams, rivers, watercourses, ponds, lakes, or other bodies of water where fluids may migrate from the proposed facility; and

(c) Pipes, ditches, and other conveyances, and hydraulic control structures identified in the storm water hydraulic report and in the sediment and erosion control plan.

(xiii) The classified soil types within one hundred feet of and within the proposed oil and gas waste facility boundary. Soils should be classified consistent with the United States department of agriculture soil series;

(xiv) Plugged wells, producing wells, idle and orphaned, and class II disposal wells that are located within one hundred feet of and within the proposed oil and gas waste facility boundary. The information regarding the wells may be determined using information available from the Ohio department of natural resources and other publicly available or readily accessible sources;

(xv) Structural and geotechnical components that are to be located within the proposed oil and gas waste facility boundary, including those identified in the geotechnical report;

(xvi) Geotechnical borings and other geotechnical investigative information or data, which are located within the proposed oil and gas waste facility boundary, as identified in the geotechnical report;

(xvii) Boundaries of parcels of land, existing occupied and unoccupied structures, roadways, and existing utilities known to the applicant at the time of the design that are located within two hundred feet of and within the proposed oil and gas waste facility boundary;

(xviii) All springs, wetlands, streams, lakes, rivers, ponds, and creeks which may be identified using reasonably available public resources and a field review, within two hundred feet of and within the proposed oil and gas waste facility boundary;

(xix) All developed springs and water wells, which may be identified using reasonably available public resources and a field review, within one thousand, five hundred feet of and within the proposed oil and gas waste facility boundary;

(xx) 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 proposed oil and gas waste facility;

(xxi) All risk zones and hazard areas delineated on the "National Flood Insurance Rate Map" within one hundred feet of the proposed oil and gas waste boundary;

(xxii) Pipes, ditches, and other conveyances, and hydraulic control structures located within the proposed oil and gas waste facility boundary, as identified in the storm water hydraulic report and in the sediment and erosion control plan in accordance with this rule;

(xxiii) All areas within one thousand five hundred feet of the proposed oil and gas waste facility 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";

(xxiv) All areas within one thousand five hundred feet of the proposed oil and gas waste facility boundary that are located within the emergency management zone of a public water system intake; and

(xxv) Any other factors that the professional engineer determines may affect the design and performance of the proposed oil and gas waste facility.

(b) Reports and plans.

(i) Design calculations for all secondary containment performed in accordance with rule 1501:9-6-08 of the Administrative Code.

(ii) Storm water hydraulic report. A storm water hydraulic report that includes hydraulic design documentation for all pipes, ditches and other conveyances, and hydraulic control structures of surface water within or from the proposed oil and gas waste facility. Storm water and hydraulic control structures may need to be capable of managing a ten-year storm event with a means to capture and screen the storm water for potential contamination prior to lawful discharge from the oil and gas waste facility, which are located within environmentally sensitive areas or as required by the chief. In addition, a report will include all of the following:

(a) A delineation of contributing drainage area boundaries and size, measured in acres;

(b) A detailed description or drawing that shows the installation requirements of all pipes, ditches, and other conveyances and hydraulic control structures;

(c) The materials and specifications for all proposed pipes, ditches, and other conveyances;

(d) An analysis, performed by the professional engineer, of the integrity and capacity for all existing pipes, ditches, and conveyances; and

(e) The supporting calculations used to design the storm water conveyance system.

(iii) Sediment and erosion control plan. A sediment and erosion control plan for the proposed oil and gas waste facility that describes procedures to minimize the discharge of construction related sediment to any area outside of the proposed oil and gas waste facility boundary. In addition, a plan will include all of the following:

(a) Sediment and erosion controls consistent with generally accepted engineering design criteria and controls that comply with the manufacturer's specifications;

(b) A sediment basin or sediment trap if the proposed oil and gas waste facility 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 shall be one hundred seventeen cubic yards and designed in accordance with the "Ohio Department of Natural Resources Rainwater and Land Development Manual" as defined in Chapter 1501:9-12 of the Administrative Code;

(c) An identification of the location of each outlet of all confined discrete conveyances that may leave the proposed oil and gas waste facility;

(d) A delineation of contributing drainage area boundaries and size, measured in acres; and slope, length, and percent graded, 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 oil and gas waste facility. In addition, a schedule of the implementation of the soil stabilization measures will be included; and

(f) The applicant may submit a schedule that identifies alternate options for implementation of the erosion and sediment controls and measures, which also identifies when and under what criteria the alternate controls would be implemented.

(iv) Geotechnical report. A geotechnical report is specific to the location of the proposed oil and gas waste facility, describes the proposed facility geotechnical site conditions, design considerations that address the geotechnical conditions, and construction requirements for the proposed facility that address the geotechnical conditions, and discloses the results of a surface and subsurface investigation of the proposed facility site. In addition, a report includes all of the following:

(a) An analysis of slope stability, bearing capacity, and settlements that have the potential to negatively impact the performance of the proposed oil and gas waste facility site;

(b) Geotechnical borings or other geotechnical engineering standard investigative means, of sufficient depth and quantity to substantiate the design;

(c) An evaluation of all existing infrastructure potentially related to geotechnical considerations located within the proposed oil and gas waste facility boundary that will be used, affected or incorporated in the proposed oil and gas waste facility;

(d) A summary of all subsurface exploration data specifically relevant to the geotechnical investigation and interpretation as it pertains to the design and construction of the proposed oil and gas waste facility, including subsurface soil profile, exploration logs, laboratory or in situ test results, and elevation of saturated soils at the time of exploration;

(e) An interpretation and analysis of the data required for the geotechnical report;

(f) An explanation of the geotechnical design constraints;

(g) Cross-sections through borings, critical slopes, and impacted infrastructure used in geotechnical calculations;

(h) The factor of safety for slope stability and bearing capacity. The factor of safety for slope stability cannot be less than 1.5 and the factor of safety for bearing capacity shall not be less than 3.0; and

(i) Documents showing calculations used to determine the factor of safety and a detailed explanation of each assumption and reference used in the calculations.

(v) Dust control plan. A dust control plan that includes all of the following:

(a) An identification of the dust control measures to be used during construction and throughout the life of the proposed oil and gas waste facility;

(b) A description of the conditions for when the dust control measures are used;

(c) The name and contact information of the person who is responsible for the implementation of the dust control plan and the name of the person who has the authority to stop work if dust generated at the oil and gas waste facility is not in accordance with the dust control plan; and

(d) A description of the methods and procedures to be used to evaluate and document all complaints related to dust generation.

(vi) Radiation protection program (RPP). A radiation protection program for approval by the chief for any oil and gas waste facility that receives, possesses, uses, processes, transfers, or disposes of technologically enhanced natural occurring radioactive material (TENORM) from oil and gas wells or production operations.

(vii) Environmental assessment. A phase I environmental assessment that complies with the standards established in ASTM E1527-13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process" as defined in Chapter 1501:9-12 of the Administrative Code.

(viii) Easements. A statement attesting the applicant has the right to install and maintain any pipelines.

(c) Specifications.

(i) Material specifications, that include, but are not limited to storage vessels, containment systems, piping, pipelines, pumps, valves, meters; and

(ii) Safety data sheets for each substance that will be used at the proposed oil and gas waste facility.

(d) The chief may waive any item required to be submitted under paragraphs (C)(3)(a) to (C)(3)(c) of this rule after review of a written request submitted by the applicant with the application. A request of a waiver is to include a detailed explanation of the basis for the request.

(D) Review procedure

(1) General review procedure

(a) After receipt of any submittal or notification of completeness for a procedure identified in figures 1, 2, and 3, the chief will review the submittal to determine if the submittal is compliant with the requirements of this rule within the times identified in figures 1, 2, and 3, as applicable. If after submittal, the chief identifies items that are necessary to ensure the submittal complies with the requirements of this rule, the chief will notify the applicant or permittee of the items that are necessary with a letter of deficiency. For any period of time specified in figure 1, 2, or 3, the date will be determined by the action of the division.

(b) The applicant or permittee may submit a revised submittal or revised portions of the submittal with an identification of all the revisions. The chief may require the resubmission of the entire submittal. If the applicant or permittee has not submitted the revised submittal or revised portions of the submittal in accordance with the times established in figures 1, 2, and 3, as applicable, the chief may issue an order denying the submittal. The chief will review the revised submittal or revised portions of the submittal in accordance with the times established in figures 1, 2, and 3, as applicable. The chief may approve a longer period of time for any of the revised submittal or site review times established in figures 1, 2, and 3, as applicable, upon written request by the applicant or permittee.

(c) Failure by the applicant or permittee to submit documents compliant with this rule within three hundred and sixty-five calendar days of issuance of the initial letter of deficiency, will result in the termination of the application and the return of application to the applicant.

(d) After completing the review of all submittals, the chief will either issue a permit or deny the issuance of a permit by order.

(2) Completeness review. The chief will review the application for the oil and gas waste facility in accordance with figure 1 to determine if the application is a complete application. When the chief determines that the application is complete, the applicant will be notified in writing.

Figure 1

(3) Upon determination that the application for an oil and gas waste facility is a complete application, the chief will submit the design and construction documents to the department of commerce, division of industrial compliance if applicable. The division of industrial compliance will review the submitted design and construction documents for compliance with Ohio building code on behalf of the division.

(4) Preliminary site review. A preliminary site review will be performed in accordance with the time established in figure 2 or 3, as applicable. Prior to the preliminary site review, the applicant is to install stakes verified by the maps and drawings submitted according to this rule at the proposed oil and gas waste facility in a quantity and in a manner that delineates the proposed oil and gas waste facility, including the proposed oil and gas waste facility boundary, the corners of all proposed structures, proposed roads, features and areas that are identified in the application that will remain undisturbed, and all other elements that allow an understanding of the planned construction of the proposed oil and gas waste facility. At the preliminary site review, the chief may conduct a physical review of the location of the proposed oil and gas waste facility, discuss the application, identify elements that are necessary to ensure compliance with the requirements of this rule, and identify site-specific terms and conditions that may be attached to the permit for an oil and gas waste facility.

(5) Public notice process. Paragraph (E)(5) of this rule does not apply to an oil and gas waste facility operating under an authorization by the chief prior to the effective date of this rule or to an application for a short-term oil and gas waste facility. The chief may combine multiple applications from the same applicant, including an application for a permit to drill a class II disposal well connected to the oil and gas waste facility, into a single public notice process.

(a) Within fifteen business days after the chief's determination that an application for a permit for an oil and gas waste facility is complete, the division will provide public notice of the application by posting the application on the division's website.

(b) Within fifteen business days after the chief's determination of a complete application, the applicant shall provide notice of application in the appropriate following format:

(i) Provide by hand delivery or certified mail a notice of application to all of the following:

(a) The owner of each parcel of real property that is located within one thousand five hundred feet of the boundary of the proposed long-term oil and gas waste facility. For the purposes of determining the identity of each owner of a parcel of real property as of the date of the notice of application, the applicant may use the tax records of the county auditor of each county in which a parcel of real property is located;

(b) The county commissioners and the executive authority of each municipal corporation or the board of township trustees of each township, as applicable, in which the proposed oil and gas waste facility is to be located; and

(c) The county engineer's office in each county in which the proposed oil and gas waste facility is to be located.

(ii) Published in a newspaper of general circulation in the county in which the proposed well is located either for five consecutive days or two consecutive editions of a weekly newspaper.

(iii) The applicant shall submit an affidavit attesting to the delivery and date of delivery to those entitled to notice of application, and the proof of publication and publication dates in accordance with paragraph (D)(5)(b) of this rule. The affidavit of delivery of notice will be submitted on a form prescribed and provided by the division and will include a list of all persons notified in paragraph (D)(5) of this rule. The applicant shall retain copies of proof of notification and publication for a period of up to two years and be made available to the chief upon request.

(c) Comments and objections.

(i) Any person desiring to comment or to make an objection with reference to an application for a permit under this rule shall file such comments or objections, in writing, with the division of oil and gas resources management, 2045 Morse road, building F, Columbus, Ohio 43229 or electronically through the division of oil and gas resources management website. In order for a comment or objection to be reviewed by the chief, a comment or objection must be filed with the division no later than thirty calendar days from the date of the posting of the public notice on the division's website and include the name and mailing address of the person making the comment or objection.

(ii) Before the end of the public comment period as established in this rule, any person receiving notification in paragraph (D)(5)(b) of this rule may request a public meeting. The division will hold a meeting, at a location and in a format to be determined by the chief. The division will provide notice of the public meeting at least thirty calendar days prior to the meeting. The notice will provide the date, time, format, and location of the public meeting via a posting on the division's website. The division also will provide the same notice to the applicant. Only those comments provided at the meeting, orally or in writing, will be reviewed by the chief. If the chief receives no requests for public meeting within the established public comment period, no meeting will be held.

(iii) The chief will review all received comments and objections within sixty calendar days after the end of the comment period or within forty-five calendar days after the conclusion of the public meeting to determine if the comments raise any legal or technical deficiency in the application related to Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code or to determine if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code. If the chief determines no deficiency exists or if the comments are outside the jurisdiction of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code, the public notice process is complete. The chief is not required to respond to each comment received. If the chief determines a comment or objection identifies a legal deficiency or technical deficiency in the application, the application will be returned to the applicant for correction of any deficiency within thirty calendar days.

(iv) Upon submittal of a revision to an application or an amendment to a permit, the chief will determine if all or any portion of paragraph (D)(5) of this rule is to be repeated by the applicant.

(6) Technical review. The chief will perform a technical review of the application for a permit for an oil and gas waste facility in accordance with the times established in figures 2 and 3 as applicable, to determine if the application for the proposed oil and gas waste facility complies with the requirements of this rule.

Figure 2

Figure 3

Last updated January 13, 2022 at 10:02 AM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-05 | Construction, authorization to operate, and amendments to an oil and gas waste facility.

• Effective: January 13, 2022
• Promulgated Under: 119.03

(A) Construction of an oil and gas waste facility.

(1) A permittee may commence construction of a proposed oil and gas waste facility only if the permittee provides notification to the chief forty-eight hours prior to commencing construction. A proposed oil and gas waste facility shall be constructed in accordance with the approved application and associated documents, terms and conditions of the permit and in accordance with Chapter 1509 of the Revised Code and rules adopted under it.

(2) During all phases of construction of an oil and gas waste facility, the permittee is to implement all of the following:

(a) Coordinate all building inspections as recommended by the Ohio department of commerce division of industrial compliance;

(b) Ensure as-built construction drawings are current and available at the oil and gas waste facility;

(c) Maintain a sign that is legible from the public right-of-way, which includes the county, township or municipal corporation, as applicable, section or lot number, oil and gas waste facility name, twenty-four-hour emergency contact number, and the 911 address of the oil and gas waste facility;

(d) Maintain emergency response access;

(e) Maintain safe traffic flow near the entrance to the oil and gas waste facility;

(f) Maintain sediment and erosion controls and soil stabilization measures to ensure they perform as designed in the approved application;

(g) Ensure that the pipes, ditches, and other conveyances of storm water and hydraulic control structures perform as designed in the approved application;

(h) Ensure that the dust controls perform as designed in the approved application; and

(i) Maintain all oil and gas waste facility infrastructure, including but not limited to, structural and site stability as designed in the approved application.

(3) Modification during construction.

(a) All modifications to an approved application, including material modifications, are to be documented within one business day of implementing the modification on a modification summary form.

(b) A request for a material modification to an approved, but not yet operating, oil and gas waste facility shall be submitted in writing to the chief prior to implementation of any material modification to an oil and gas waste facility and include all of the following items:

(i) A detailed description of the proposed material modification and the potential impact to the performance of the oil and gas waste facility;

(ii) A specific identification of every portion of the application, as applicable, that is proposed to be modified; and

(iii) Revised application documents, as applicable, pertaining to the material modification.

(c) After receipt of a material modification, the chief will review the material modification to ensure compliance with the requirements of this rule within the times established in figure 4, as applicable. The chief may require a site review prior to determining whether to approve the proposed material modification or to identify items necessary to ensure compliance with the requirements of this rule. If the chief requires a site review, the applicable time established in figure 4 will be suspended until completion of the site review.

(d) Nothing in paragraph (A)(3) of this rule prohibits a permittee from taking actions necessary to prevent harm to human health or safety or to prevent harm to the environment. A permittee may perform such actions that will result in a material modification only if the permittee submits a summary of the activities within twenty-four hours of the action and the permittee submits the material modification documents in accordance with this paragraph 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.

(e) Alternate options contained in the approved application that are implemented will be documented in the same manner as a modification in paragraph (A)(3) of this rule.

(f) The chief may waive all or any part of the submission required under paragraph (A)(3) of this rule.

(B) Approval to commence operations of an oil and gas waste facility. No permittee shall store, recycle, treat, process, or dispose of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources at the oil and gas waste facility that has received a permit under this chapter or implement an amendment to an approved permit without a letter of commencement signed by the chief.

(1) Certification documents.

(a) Upon completion of construction and not later than two years after the effective date of the permit for a long-term oil and gas waste facility or not later than six months after the effective date of the permit for a short-term oil and gas waste facility, the permittee must submit certification documents to the chief.

(b) Amendment. Upon completion of an amendment and not later than five business days after completion of the amendment, the permittee must submit to the chief all portions of the certification documents that are no longer valid.

(2) Preoperational site review. The chief may require a preoperational site review prior to approving the certification documents or amended certification documents. The specified time frame for review of the certification documents will be suspended until completion of the preoperational site review.

(3) The chief will review the certification documents to ensure compliance with the requirements of this rule and the permit.

(4) Upon review of the certification documents, the chief will do one of the following: issue a letter of commencement upon approval of the certification documents or approval of the amended certification documents; notify the permittee of items deficient in the certification documents or amended certification documents and provide the permittee an opportunity to resubmit the portion of the certification documents that were deficient; or terminate the permit or amendment by order within the times established in figure 4.

(C) Amendment to the permit for an oil and gas waste facility.

(1) A request for an amendment to an operating oil and gas waste facility shall be submitted in writing to the chief prior to implementation of any revision to an oil and gas waste facility. An amendment does not include activities such as routine maintenance, replacement of equipment in kind, or repair of already installed equipment. A request for an amendment includes all of the following:

(a) A detailed description of the proposed revision and of the impact that the revision will have to the operations of the oil and gas waste facility;

(b) A specific identification of every portion of the approved application that is proposed to be altered;

(c) Revised application documents pertaining to the proposed revision; and

(d) Other items as required by the chief.

(2) The chief will review the request for an amendment to the permit to ensure compliance with the requirements of this rule and in accordance with the times established in figure 4 of this rule.

(3) The permittee may be required to perform a verification of integrity in accordance with paragraph (D) of this rule for the amendment in accordance with the requirements established in this rule.

(4) The chief may waive all or any part of the requirements established under paragraph (C) of this rule.

(D) Verification of integrity. The person operating an oil and gas waste facility shall perform a verification of integrity prior to commencement of operation of an oil and gas waste facility that includes all of the following:

(1) Prior to testing or inspection of the oil and gas waste facility, the permittee must provide for review and acceptance by the chief a listing of the items being tested or inspected, the type of test or inspection being performed, the qualified person or persons performing the test or inspection and their qualifications, and a schedule of the tests or inspections proposed for the verification of integrity.

(a) All testing shall be performed in accordance with chapter 1501:9 of the Administrative Code or relevant and current industry standards.

(b) A verification of integrity may be performed on all or portions of the oil and gas waste facility.

(2) The chief may require additional testing or may waive any portion of the verification of integrity upon written request and justification. The chief may approve limited operation of the oil and gas waste facility in order to perform all or part of the verification of integrity, upon written request of the permittee. The verification of integrity may be performed after repairs to any containment or on the findings of an inspection conducted by the chief.

(3) Upon completion of all testing and inspections, the permittee shall provide for review and acceptance by the chief the results of all testing and inspections.

(4) The permittee will provide verification in an affidavit on a form prescribed by the chief that specifically reads, "I, as permittee of this oil and gas waste facility, do hereby certify that to the best of my knowledge the oil and gas waste facility was constructed in accordance with the approved application and the verification of integrity performed and completed according to the accepted plan."

(E) Review procedure for an oil and gas waste facility.

(1) General review procedure.

(a) After receipt of any submittal for a procedure identified in figure 4, the chief will review the submittal to determine if the submittal is compliant with the requirements of this rule within the times established in figure 4, as applicable. If after submission of a document, the chief identifies items that are necessary to ensure the submittal complies with the requirements of this rule, the chief will notify the applicant or permittee of the items that are necessary with a letter of deficiency.

(b) The applicant or permittee may submit a revised submittal or revised portions of the submittal with an identification of all the revisions. The chief may require the resubmission of the entire submittal. If the applicant or permittee has not submitted the revised submittal or revised portions of the submittal within the times identified in figure 4, as applicable, the chief may issue an order denying the submittal. The chief will review the revised submittal or revised portions of the submittal within the times identified in figure 4, as applicable. The chief may approve a longer period of time for any of the times identified in figure 4, as applicable, upon written request by the person or written notification from the chief to the person.

(c) If the applicant or permittee has not submitted documents compliant with this rule within one hundred twenty calendar days of issuance of the initial letter of deficiency, the chief may issue an order denying the application or applicable document.

(d) After completing the review of all submittals, the chief will either approve the submittal or issue an order denying the submittal.

	Action
	Site review (Upon receipt of document)	Division review and response to submittal	Applicant/permittee resubmittal (upon notification of deficiencies from the chief)	Division review and response to resubmittal
Procedures	Time
Material modification review	5 business days	5 business days	5 business days	5 business days
Approval to commence operations review	15 business days	15 business days	10 business days	5 business days
Amendment review	15 business days	20 business days	10 business days	10 business days

(F) Oil and gas waste facility transfer. If ownership of an oil and gas waste facility is transferred to a new person, that person shall apply for a permit to operate the oil and gas waste facility on a form specified by the chief. The chief may review an application for a permit prior to transfer of ownership. The new person shall obtain financial assurance and insurance requirements in accordance with rule 1501:9-4-02 of the Administrative Code.

Last updated February 7, 2022 at 8:04 PM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-06 | Design and operational requirements of an oil and gas waste facility.

• Effective: January 13, 2022
• Promulgated Under: 119.03

(A) On and after the effective date of this rule, any person who stores, recycles, treats, processes, or disposes of brine or other waste substances at an oil and gas waste facility shall comply with all the operational requirements and standards in this rule, unless specifically exempted in this rule. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.

(B) Oil and gas waste classification.

(1) No brine or other oil and gas waste substances resulting from the exploration, development, well stimulation, production operations, or plugging of oil and gas resources shall be accepted at or removed from an oil and gas waste facility by means other than pipeline unless the brine or other oil and gas waste substance is accompanied by a manifest as described in this rule.

(a) Describe the brine or other waste substances on the manifest using the following terms:

(i) Solid, fluid, or suspension, as defined in this chapter, to describe the consistency of the brine or other waste substances; and

(ii) TENORM or NORM, as defined in this chapter. If the material is identified as TENORM, attach analytical testing results by a laboratory approved to test TENORM by the Ohio Department of Health unless not determined in accordance with division (A) of section 1509.074 of the Revised Code and further describe the material using one of the following terms:

(a) "Minus" is a classification term that identifies the TENORM concentration as less than seven pCi/g combined radium 226 and radium 228; or

(b) "Plus" is a classification term that identifies the TENORM concentration as equal to or greater than seven pCi/g combined radium 226 and radium 228.

(C) Brine and other waste substance storage.

(1) Brine and other waste substance storage systems must be designed, constructed, and operated in a manner to prevent discharge of brine or other waste substances into the groundwater, into or on the land, or into surface waters.

(a) No brine or other waste substances may be stored for a period of more than nine months without removal of brine or other wastes substances from the oil and gas waste facility.

(b) Other waste substances are a waste until such time that the waste leaves the oil and gas waste facility and is lawfully disposed of or used for an approved lawful purpose.

(c) Basins, catchments, sumps or other impoundments designed and constructed solely to store storm water for sediment control are exempt from the requirements outlined in this rule.

(d) Primary containment shall not overflow. Secondary containment shall not be used as primary containment.

(e) If after an inspection and for good cause, the chief may require the person operating the oil and gas waste facility to empty and clean the primary containment. All brine and other waste substances removed during this activity shall be disposed of lawfully.

(2) The containment standards for oil and gas waste facilities include all of the following:

(a) Design by a qualified professional engineer.

(b) Design, install, operate, and maintain to prevent a release of brine or other waste substances from the containment.

(c) Install, test, operate, and maintain in accordance with the manufacturer's recommendations and specifications.

(d) Capable of storing brine or other waste substances without collapse, rupture, or failure.

(e) Compatible with the substance that it contains and the physical and climatic conditions to which the containment will be exposed.

(f) Protect all metallic storage containment from corrosion by cathodic protection, appropriately designed coating systems, or other means approved by the chief.

(g) Protect all above ground metal storage tanks from lightning in accordance with industry standards.

(h) Design, install, test, operate, and maintain geomembrane liner systems in accordance with the manufacturer's recommendations and specifications. Utilize testing methods in accordance with ASTM standards, International Association of Geosynthetic Installers standards, or other standards as approved by the chief.

(i) Provide foundation or base support for the containment that is resistant to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift.

(j) Design, install, and maintain containment to prevent physical damage from equipment due to excessive stress, settlement, vibration, expansion, or contraction.

(k) Repair or replace any containment or containment component such as liners, gaskets, piping, pumps, valves, cathodic protection system, rivets, and bolts immediately upon detection of failure or imminent failure.

(l) Inspect and assess by a qualified person containments or containment system components that were utilized previously in a different service or at a different location. At a minimum, investigate and disclose the following in the assessment:

(i) Design standard(s), if available, to which the containment or containment components is constructed;

(ii) Compatibility of substance to be stored in the containment;

(iii) Existing condition of the containment or containment components; and

(iv) Age of the containment or containment components.

(3) Primary containment standards are as follows:

(a) Provide failsafe mechanisms, such as overfill protection, shut-off valves, and leak detection systems.

(b) Affix and maintain an outward visible label to or provide signage for all primary containment, as applicable, which identifies the contents. If the primary containment is a tank, the label or sign will also identify the maximum volume.

(c) Maintain a minimum of six inches of freeboard within all primary containment that is exposed to precipitation. A larger freeboard may be required by the chief.

(d) Provide appropriate air release and vacuum release on all primary containment, as applicable, and install filters on any air release system to control odors when necessary.

(e) In addition to all other remedies provided by law, the chief may prohibit the use or require the repair of any pit or tank which fails to conform to any of the requirements of this rule. The chief may limit the amount of brine and other waste substances stored at an oil and gas waste facility.

(f) Burial of any tank is prohibited.

(g) The chief may require additional containment standards other than those listed in this rule for a long-term oil and gas waste facility.

(h) A liner may only be used as primary containment at an oil and gas waste facility authorized under a short-term permit.

(4) Secondary containment standards are as follows:

(a) Provide one hundred ten per cent of the capacity of the largest single primary containment or the total capacity of multiple primary containments that are piped together to function as a single containment, whichever is greater. Provide an additional six inch freeboard if the secondary containment is exposed to precipitation.

(i) If the multiple primary containments that are piped together are designed and operated with an isolation system to prevent release of the total volume of the piped system during a primary containment failure, then it may be considered as separate containment volumes.

(b) Design and maintain as a means to capture an incidental spill or release from a primary containment and a catastrophic failure of a primary containment.

(c) Remove any accumulation of storm water in the secondary containment within thirty-six hours after the accumulation. For facilities connected to a class II disposal well, the chief may require the installation of a pumping system to keep the secondary containment free of storm water.

(d) Provide secondary containment for all pumps and other appurtenances that are associated with the storage, processing, or conveyance of brine or other waste substances.

(e) Disclose allowable leak rates for geomembrane systems.

(5) Conveyance systems standards are as follows:

(a) Process piping.

(i) Design, install, operate, and maintain dedicated process piping and any supporting structures for flow of all brine, other waste substances, and other materials used in the storing, processing, treating, recycling, or disposal of the brine or other waste substances.

(ii) Design and install process piping systems in a manner that minimizes abrasion and corrosion in the piping system and allows for expansion and contraction of the conveyance system.

(iii) Design process piping systems to be compatible with the substance that they carry and the physical and climatic conditions to which the piping system will be exposed.

(iv) Design, install, and maintain a secondary containment system for all process piping systems.

(v) Affix and maintain a label on all process piping to identify the contents and flow direction of the pipe contents.

(b) Pipelines.

(i) Design, install, operate, and maintain pipelines and any supporting structures to prevent a release of brine or other waste substances and to have a working pressure rating equal to or greater than the highest anticipated operating pressure to which the pipeline might be exposed to. Pipelines used to transport brine to a class II disposal well shall have a working pressure rating equal to or greater than the maximum allowable injection pressure prescribed in rule 1501:9-6-09 of the Administrative Code.

(ii) Design, install, operate, and maintain dedicated and controlled pipelines for flow of all brine and other waste substances.

(iii) Design and install pipelines in a manner that minimizes abrasion and corrosion in the pipeline and allows for expansion and contraction of the pipeline.

(iv) Design pipelines to be compatible with the substance that they carry and the physical and climatic conditions to which the pipeline will be exposed.

(v) Design, install, and maintain a means to detect, and capture a leak from the pipeline.

(vi) Design, install, and maintain a means to detect and locate a pipeline.

(vii) Design, install, operate, and maintain pipelines in a manner to protect public water intakes, ponds, developed springs, water wells, wetlands, or any water of the state as defined in section 1509.01 of the Revised Code and the chief may require a means to isolate pipeline segments near these areas, or for the protection of human health, safety, or the environment.

(viii) Design, install, operate and maintain pipelines with fittings that are accessible from ground level, approved by the chief that allow for installation of gauges or other equipment for monitoring by the division.

(c) On-site storm water management standards are as follows:

(i) Discharge all storm water from secondary containment through controlled conveyance systems.

(ii) Maintain all valves, pipe, or other equipment designed to discharge storm water outside of the secondary containment closed and affix and maintain a tamper-proof seal or lock.

(iii) Screen or test prior to discharge all storm water from secondary containment to ensure that the storm water has not been contaminated with brine or other waste substances.

(iv) Include estimated volume, screening and testing results, date of discharge, and the person responsible for authorizing the discharge in records for all storm water discharged from secondary containment.

(D) Solids and stabilization standards are as follows:

(1) Store all solids within primary and secondary containment.

(2) Perform all stabilization operations within primary and secondary containment.

(3) Store all solids in a manner that prevents contact with storm water. Clearly mark and identify all solid storage areas with signage.

(4) Capture and lawfully manage or dispose of any liquid that comes in contact with solids.

(5) Other waste substances shall be stabilized with a stabilization agent if disposed of in this state at a licensed solid waste landfill. If the waste substance is to be transported or disposed of out of state, the permittee shall comply with all applicable state and federal laws.

(E) Site security and safety controls. Provide and maintain site security controls at an oil and gas waste facility that prevent accidental or unauthorized entry into the facility or areas of the facility not intended for access by the public, wildlife, and domestic animals. A fence or barrier that completely surrounds the facility or portions of the facility may be required by the chief. The site security controls may include any or all of the following:

(1) A sign that is legible from the public right-of-way and includes: oil and gas waste facility name, oil and gas waste facility permit number, twenty-four-hour emergency contact telephone number, and 911 address of the oil and gas waste facility;

(2) Signs or other means that clearly identify portions of the oil and gas waste facility that are intended to be accessible only to authorized personnel;

(3) Lighting that illuminates the oil and gas waste facility sufficiently to discourage acts of vandalism, but will not create a lighting nuisance to adjacent properties;

(4) Signs or other means that clearly identify ingress, egress, and traffic flow patterns;

(5) Mesh, screening or other controls to prevent access by migratory birds on open top containments, as necessary; and

(6) A wind-sock for wind direction determination.

(F) Monitoring and inspection procedure. An oil and gas waste facility shall have an employee present onsite during all times of offloading, loading, treating, processing, or recycling of other waste substances.

(1) Permittee conducted inspections.

(a) Develop and implement an inspection procedure and schedule for all equipment, containment systems, pipelines, and other appurtenances at the oil and gas waste facility. The chief may require a permittee to conduct such inspections on a schedule that is different than a permittee's schedule, if there is just cause.

(b) The inspection procedure is to ensure all equipment and other appurtenances associated with the oil and gas waste facility are maintained in a safe and functional manner.

(c) Inspections may include, but not be limited to, containment tanks, liner systems, pumps, process piping, pipelines, monitoring equipment, monitoring wells, and other inspections recommended by equipment manufacturers or others experienced with the operation and maintenance of the equipment and other appurtenances.

(d) Document on a log all inspections performed, name of the person performing the inspection, date of the inspection, findings of the inspection, and actions taken as a result of the inspection.

(2) A person may only operate a pipeline that transports brine or other waste substances if it has been tested in accordance with the standards of either ANSI/ASME B31.4 "pipeline transportation systems for liquids and slurries" or ASTM F2164 "standard practice for field leak testing of polyethylene piping systems using hydrostatic pressure" during the verification of integrity, at least once every year, after repair of the pipe and any connections, or at the request of the chief.

(a) Each oil and gas waste facility permittee shall give the chief two business days direct notice in advance of any activity performed under paragraph (F)(2) of this rule.

(b) Any test of a pipelines used to transport brine or other waste shall be witnessed by a division representative.

(3) The chief may require the owner of an oil and gas waste facility to install ground water monitoring wells when contamination of the ground water is suspected. All ground water monitoring well installation and sampling shall be conducted in accordance with the U.S. Environmental Protection Agency "RCRA Ground Water Technical Enforcement Guidance Document OSWER-9950.1".

(G) Reporting.

(1) A permittee for a long-term oil and gas waste facility shall submit a report on a form prescribed by the chief summarizing activities during the previous calendar year, by the fifteenth day of April of each calendar year. A permittee for a short-term oil and gas waste facility shall submit a report summarizing activities under the permit within thirty calendar days of termination of the permit. The report consists of the following:

(a) Identification of any minor changes to the operation that differs from the approved permit;

(b) Total volume of brine and other waste substances accepted for storage, treatment, processing, recycling, or disposal at the facility;

(i) The origin of all shipments of brine and other waste substances shall be tracked for the previous year and made available to the chief upon request.

(c) Total volume and final disposition location of brine removed from the facility for disposal or recycling and summarized based on the regulatory district of origin specified in section 1509.22 of the Revised Code;

(d) Total volume and final disposition location of waste removed from the facility for in state disposal or recycling;

(e) Total amount and location of waste removed from the facility for out of state disposal or recycling; and

(f) A statement that reads "As owner or operator of this facility, I attest that- the information contained within this report is accurate and true to the best of my knowledge."

(H) Oil and gas waste facility record keeping. Records are to be maintained for a minimum period of three years after the date the record is generated and are to be submitted to the chief upon request or as required in Chapter 1509 of the Revised Code or division 1501:9 of the Administrative Code.

(I) Emergency release notification. Provide and maintain in a visible location at an oil and gas waste facility a contact list with phone numbers for notification purposes in the event of a release of brine, other waste substances, or reagents. Include in the contact list the permittee's designated incident response coordinator, applicable federal, state, and local authorities with responsibilities related to a release, and contractors who could respond to the release. Any release at an oil and gas waste facility shall be managed by the permittee in accordance with Chapter 1501:9-8 of the Administrative Code.

(J) The division may sample brine or other waste substances at any time.

(K) Enforcement.

(1) The chief may immediately suspend operations at an oil and gas waste facility if any of the following apply:

(a) The oil and gas waste facility is operated in a manner different than the approved permit and any approved modifications or amendments;

(b) The operation of the oil and gas waste facility does not perform or is likely not to perform as designed;

(c) The oil and gas waste facility does not or is likely not to perform in a manner that supports safe production operations;

(d) The operation of the oil and gas waste facility fails or could reasonably be anticipated to fail to protect public health and safety;

(e) The operation of the oil and gas waste facility causes or could reasonably be anticipated to cause damage to the environment;

(f) The oil and gas waste facility is operated outside of the designated oil and gas waste facility boundary;

(g) Any violation of a term or condition of an approved permit, Chapter 1509 of the Revised Code or division 1501:9 of the Administrative Code.; and

(h) Operations at the class II disposal well associated with the oil and gas waste facility are suspended under rule 1501:9-3-07 of the Administrative Code or the class II disposal well associated with the oil and gas waste facility is ordered to be plugged by the chief.

(L) Resuming operations after suspension.

(1) If the chief suspends operations for an oil and gas waste facility, the oil and gas waste facility permittee shall develop a written plan that describes any testing to be performed, any actions to correct the conditions that caused the suspension, and estimated length of time to complete the plan. Within ten business days of receipt, the chief will review the plan and either accept it, require modifications, or reject the plan and order necessary corrective action.

(M) Revocation of a permit.

(1) If the oil and gas waste facility has not accepted any brine or other waste substances for a period of two consecutive years, the person operating the oil and gas waste facility shall close and reclaim the oil and gas facility pursuant to rule 1501:9-4-07 of the Administrative Code.

(2) If an accepted plan developed under paragraph (L) of this rule is not completed in the time frame established in the plan, the person operating the oil and gas waste facility shall close and reclaim the oil and gas facility pursuant to rule 1501:9-4-07 of the Administrative Code.

(3) If a plan required under paragraph (L) of this rule is not submitted within 120 days of the suspension of activity, the person operating the oil and gas waste facility shall close and reclaim the oil and gas facility pursuant to rule 1501:9-4-07 of the Administrative Code.

Last updated February 7, 2022 at 8:04 PM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027

Rule 1501:9-4-07 | Closure and reclamation requirements.

• Effective: January 13, 2022
• Promulgated Under: 119.03

(A) Closure of an oil and gas waste facility.

(1) Not later than ten business days prior to closure of an oil and gas waste facility, the permittee shall notify the chief in writing of pending closure of the oil and gas waste facility and the date for closure of the oil and gas waste facility. Notwithstanding the provisions of a permit, the permittee shall suspend all operations on the date specified in the notice of closure and proceed to reclamation as per paragraph (B) of this rule. The person may rescind the closure date upon written notification to the chief.

(2) On or after the effective date of this rule, a person operating an oil and gas waste facility that has not been issued a permit under this chapter must comply with this rule.

(B) Reclamation of an oil and gas waste facility.

(1) Reclamation review procedure.

(a) Upon receipt of any submittal for a procedure established in figure 5, the chief will review the submittal to determine if the submittal is protective of public health and safety and the environment within the time frames established in figure 5. When the chief identifies items that are necessary to ensure the submittal is protective of public health and safety and the environment, the chief will notify the permittee of the items. The chief may require the resubmission of the entire submittal.

(b) When the permittee has not submitted the revised submittal or revised portions of the submittal within the time frames established in figure 5, the chief may commence the bond forfeiture procedure. The chief will review the revised submittal or revised portions of the submittal within the time frames established in figure 5. The chief may approve a longer period of time for any of the revised submittal time frames established in figure 5, upon written request by the permittee.

(c) When the permittee has not submitted documents compliant with this rule within sixty calendar days of issuance of the initial letter of deficiency for each phase, the chief may issue an order denying the submittal and commence the bond forfeiture procedure.

(d) In addition to the requirements established in the rule for which the submittal documents pertain, the chief may require the permittee to submit additional information pertaining to the reclamation of the permitted oil and gas waste facility that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.

(e) After completing the review of all submittals, the chief will either accept the submittal or issue an order denying the submittal and commence the bond forfeiture procedure. The chief may notify the permittee in writing which procedures established in this rule are not necessary and need not be completed.

(f) The permittee shall comply with all accepted plans in paragraph (B) of this rule, unless the chief approves an alteration in any plan.

	Action
	Division review and response to submittal	Applicant/permittee resubmittal (upon notification of deficiencies from the chief)	Division review and response to resubmittal
Procedures	Time
Decommissioning plan	10 business days	15 business days	10 business days
Decommissioning report	15 business days	15 business days	15 business days
Site assessment plan	15 business days	15 business days	15 business days
Site assessment report	30 calendar days	15 business days	15 business days
Remedial action plan	30 calendar days	15 business days	15 business days
Remedial action report	30 calendar days	15 business days	15 business days
Site restoration plan	15 business days	15 business days	15 business days

(2) Decommissioning phase.

(a) No later than ten business days after the date of closure, the permittee shall submit a decommissioning plan to the chief. The chief will review the decommissioning plan within the time frame established in figure 5 to determine if the decommissioning plan is in accordance with this rule.

(b) No later than fifteen business days after completion of the decommissioning, the permittee shall submit a decommissioning report to the chief. The chief will review the decommissioning report within the time frame established in figure 5 to determine if the decommissioning report is in accordance with this rule.

(3) Site assessment phase.

(a) No later than ten business days after acceptance of the decommissioning report by the chief or with the submittal of the decommissioning plan, the permittee shall submit a site assessment plan to the chief. The chief will review the site assessment plan within the time frame established in figure 5 to determine if the site assessment plan is in accordance with this rule.

(b) No later than thirty calendar days after completion of the site assessment, the permittee shall submit a site assessment report to the chief. The chief will review the site assessment report within the time frame established in figure 5 to determine if the site assessment report is in accordance with this rule.

(4) Remedial action phase.

(a) No later than thirty calendar days after acceptance of the site assessment report by the chief, the permittee shall submit a remedial action plan to the chief. The chief will review the remedial action plan within the time frame established in figure 5 to determine if the remedial action plan is in accordance with this rule.

(b) No later than forty-five calendar days after completion of the remedial actions, the permittee shall submit a remedial action report to the chief. The chief will review the remedial action report within the time frame established in figure 5 to determine if the remedial action report is in accordance with this rule.

(5) Site restoration phase. The site restoration phase shall restore the site to the original condition. The surface owner of the oil and gas waste facility site may agree, in writing, to site restoration conditions different from the original condition. If the modified site restoration conditions are determined by the chief to prevent damage or injury to public health or safety or the environment, the modified site condition will be accepted by the chief.

(a) No later than fifteen business days after acceptance of the remedial action report by the chief, the permittee shall submit a site restoration plan to the chief. The chief will review the site restoration plan within the time frame established in figure 5 to determine if the site restoration plan is in accordance with this rule.

(b) No later than ten business days from the completion of the site restoration, a site restoration inspection may be performed by the chief. The surface owner or surface owner's representative may attend the site restoration inspection.

(c) Upon completion of the site restoration inspection, the chief will identify any items remaining to be completed and will notify the permittee of the deficient items in writing. The permittee shall correct the deficient items prior to the release of the financial assurance. If the permittee does not correct the deficient items to the chief's satisfaction, the chief may commence the financial assurance forfeiture procedure.

(d) If the chief determines that the permittee has completed the site restoration in accordance with the approved site restoration plan, the chief will declare in writing, no further action, and commence financial assurance release.

Last updated February 7, 2022 at 8:04 PM

Supplemental Information

Authorized By: 1509.03, 1509.22
Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
Five Year Review Date: 1/13/2027