Current through all regulations passed and filed through December 16, 2024
(A) Drilling
permits shall include conditions meeting the following requirements:
(1) Construction requirements as set forth in
this chapter. Existing wells shall achieve compliance with such requirements
according to a compliance schedule established as a permit condition. The owner
or operator of a proposed new injection well shall submit plans for testing,
drilling, and construction as part of the permit application. No construction
may commence until a permit has been issued containing construction
requirements (see rule
3745-34-06 of the Administrative
Code). New wells shall be in compliance with paragraph (A) of this rule prior
to commencing injection operations. Changes in construction plans during
construction may be approved by the director as minor modifications (rule
3745-34-25 of the Administrative
Code). No such changes may be physically incorporated into construction of the
well prior to approval of the modification by the director.
(2) Monitoring and reporting requirements as
set forth in this chapter shall be complied with by the permittee.
(3) Additional conditions. The director
may
impose on a case-by-case basis such additional conditions as are necessary to
prevent the migration of fluids into USDW.
(B) Injection permits shall include
conditions meeting the following requirements:
(1) Corrective action as set forth in rules
3745-34-30 and
3745-34-33 of the Administrative
Code.
(2) Operation requirements as
set forth in this chapter. The permit shall establish any maximum injection
volumes and/or pressures necessary to assure that fractures are not initiated
in the injection zone or the confining zone, that injected fluids do not
migrate into any underground source of drinking water, that formation fluids
are not displaced into any underground source of drinking water, and to assure
compliance with the operating requirements of this chapter.
(3) Requirements for wells managing hazardous
waste, as set forth in rule
3745-34-09 of the Administrative
Code.
(4) Monitoring and reporting
requirements as set forth in this chapter. The permittee shall be required to
identify types of tests and methods used to generate the monitoring
data.
(5) Plugging and abandonment.
Any class I permit shall include, and any class V permit may include,
conditions to ensure that plugging and abandonment of the well will not allow
the movement of fluids either into an underground source of drinking water or
from one underground source of drinking water to another. Applicants for a UIC
permit shall submit a plan for plugging and abandonment. For class I hazardous
injection wells, such plan shall be the same as that required under rule
3745-34-36 of the Administrative
Code. Where the plan meets the requirements of this paragraph, the director
may
incorporate the
plan into the permit as a condition. Where the director's review of an
application indicates that the permittee's plan is inadequate, the director
may
require the applicant to revise the plan, prescribe conditions meeting the
requirements of this paragraph, or deny the application. For purposes of this
paragraph, temporary intermittent cessation of injection operations is not
abandonment.
(6) After a cessation
of operations of two years, the owner or operator shall plug and abandon the
well in accordance with the plugging and abandonment plan. The owner or
operator may request approval from the director to not plug and abandon the
well. Such a request shall include a description of actions and procedures the
owner or operator will take to ensure that the well will not endanger USDW
during the period of temporary abandonment. These actions and procedures shall
include compliance with all technical requirements applicable to active
injection wells.
(7) Financial
responsibility. The permittee is required to maintain financial responsibility
and resources to close, plug, and abandon the underground injection operation.
The permittee shall show evidence of financial responsibility to the
director by the submission of surety bond, or other materials acceptable to the
director. For class I hazardous injection wells, financial responsibility must
be demonstrated as required under paragraph (D) of rule
3745-34-36 of the Administrative
Code.
(8) Mechanical integrity. A
permit for any call I well or injection project which lacks mechanical
integrity shall include, and for any class V well may include, a condition
prohibiting injection operations until the permittee shows to the satisfaction
of the director under rule
3745-34-34 of the Administrative
Code that the well has mechanical integrity.
(9) Additional conditions. The director
may
impose on a case-by-case basis such additional conditions as are necessary to
prevent the migration of fluids into underground sources of drinking
water.
(C) In addition
to conditions required in rule
3745-34-26 of the Administrative
Code, the director may establish conditions, as required on a
case-by-case basis under rule
3745-34-21 of the Administrative
Code (duration of permits), paragraph (A) of rule
3745-34-28 of the Administrative
Code (schedules of compliance), rule
3745-34-29 of the Administrative
Code (monitoring), paragraph (B) of rule
3745-34-28 of the Administrative
Code (alternate schedules of compliance), and rule
3745-34-02 of the Administrative
Code (considerations under federal law).
(1)
In addition to conditions required in all permits, the director
may
establish conditions in permits as required on a case-by-case basis, to provide
for and assure compliance with all applicable requirements of sections
6111.043 and
6111.044 of the Revised Code and
this chapter.
(2) An "applicable
requirement" is any requirement which takes effect prior to the modification or
revocation and reissuance of a permit, to the extent allowed in rule
3745-34-23 of the Administrative
Code.
(3) New or reissued permits,
and to the extent allowed under rule
3745-34-23 of the Administrative
Code, modified or revoked and reissued permits, shall incorporate each of the
applicable requirements referenced in rule
3745-34-27 of the Administrative
Code.
(4) Permits for owners or
operators of hazardous waste injection wells shall include conditions meeting
the requirements of rule
3745-34-09 and rules
3745-34-50 to
3745-34-62 of the Administrative
Code.
(D) Incorporation.
All permit conditions shall be incorporated either expressly or by reference.
If incorporated by reference, a specific citation to the applicable regulations
or requirements must be given in the permit.