New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter B - Mineral Resources
Part 555 - Plugging And Abandonment
Section 555.4 - Permanent abandonment
Current through Register Vol. 46, No. 39, September 25, 2024
(a) It shall be unlawful for the owner or operator of any well to permanently plug and abandon same until he has given notice at least 10 days in advance of the commencement of plugging operations to the department on form OG11, which is to be filed in triplicate, and has received a permit from the department therefor on form OG12. During the period while abandonment operations are in progress, this permit must be posted at the well site so as to be clearly visible and legible at all times.
(b) Upon receipt of the notice of intention to abandon, the department will send the permit therefor to the owner or operator or person responsible for the plugging operations and arrange for a representative to be present at the well to witness the plugging operations. The permit will contain a confirmation of the well location and date and time of the commencement of the plugging operation as specified by the owner or operator on form OG11. If the representative of the department is not at the well site at the specified date and time, the operator may proceed to plug and abandon the well without waiting for official witness.
(c) In the event the well to be plugged and abandoned is one upon which the drilling or rework operations have been in progress on a continuous basis as authorized or acknowledged by the department on form OG9 as provided in Part 552, the notice of intention to abandon may be given verbally or by telegram to the regional headquarters administering to the county in which the well is located. In such event, the regional headquarters will acknowledge receipt of the notice of intention to abandon either verbally or by telegram. Although this procedure shall be allowed to prevent excessive waiting time, the owner or operator still must provide the department with formal notice of intention to abandon utilizing form OG11 as promptly as is reasonably possible, and will be furnished with a permit on form OG12.
(d) In an emergency or where compliance with the normal procedure of 10 days advance notification to the department of a planned permanent plugging and abandonment of a well clearly will cause undue hardship upon the owner or operator, the notice of intention to abandon may be given verbally to the department (normally to the regional headquarters administering to the county in which the well is located). In such event the notice of intention to abandon will be acknowledged verbally or by telegram. Although this procedure shall be allowed in an emergency or to prevent undue hardship, the owner or operator still must provide the department with formal notice of intention to abandon utilizing form OG11 as promptly as is reasonably possible, and will be furnished with a permit on form OG12.