Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-4 - Oil and Gas Waste Facilities
Section 1501:9-4-07 - Closure and reclamation requirements
Universal Citation: OH Admin Code 1501:9-4-07
Current through all regulations passed and filed through September 16, 2024
(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.
Figure 5
|
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.
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