Current through Register Vol. 63, No. 12, December 1, 2024
(1) No person may
construct, drill, operate, or decommission a well until the person has received
a permit, paid to the department a nonrefundable fee for each such well
pursuant to ORS 520.017, and posted a bond or
other financial security pursuant to OAR 632-010-0205. Construction includes
construction of access roads, well pads and other site disturbances relating to
the development of the site. Drilling includes redrilling, deepening, and
drilling to set conductor pipe. Operation includes maintaining the well while
in use or while production is suspended. Decommissioning includes plugging and
restoration of the well site.
(2)
The application for a permit must include:
(a)
The location of the well;
(b) The
name and address of the surface owner, operator, permittee and any other person
responsible for the conduct of the drilling operations;
(c) The elevation of the well above sea
level;
(d) Casing and cementing
programs giving details of casing sizes, casing grade, hole diameters, and
volume of cement to be used;
(e)
Geologic objectives for wells proposed for known producing areas and proposed
depth in all cases; and
(f)
Documentation of the ownership of mineral rights or a mineral rights lease on
the property to be drilled, or the right or obligation, under the terms of an
existing contract, to drill a well.
(3) The permit will be suspended if the
applicable rights in subsection (2)(f) of this rule cease to exist prior to the
decommissioning of the well, access roads and any related
disturbance.
(4) If a completed
application has not been received by one year from the date of the receipt of
the initial application, the application will be automatically returned to the
applicant and will be deemed withdrawn.
(5) The applicant must be registered with the
Secretary of State if registration is required by the laws of the State of
Oregon.
(6) Upon receipt of an
application the department will determine within 21 days if the application is
complete. The department will notify the applicant of the determination in
writing.
(7)
(a) The department will circulate each
application for a permit to drill for technical review to appropriate state
agencies and the governing body of the county or city in which the well will be
located. The agencies and governing body have 45 days from the date the
department circulates the application in which to comment. The department can
extend this period upon request by the reviewing agency for good cause. Within
60 days after receipt of a complete application for a permit, the department
shall issue or deny the permit unless the department determines that a longer
period is necessary to respond to comments or new information, or for any other
good cause.
(b) The department may
approve immediately without circulating for technical review an application for
a permit to redrill, deepen, or rework if the drilling operations are an
uninterrupted continuance of previous drilling operations, provided conditions
of OAR 632-010-0142(3) are met.
(8)
(a) The
application for permit must be denied if the applicant is currently in
violation of ORS 520 or with the rules in this division with respect to another
well. A permit may also be denied if:
(A) The
permittee has unlawfully abandoned a well or failed to submit records or
samples in a timely manner; or
(B)If the applicant controls or is controlled
by a person that has been determined by the department to be in violation of
ORS chapter 520 or the rules in this division or has unlawfully abandoned a
well or failed to submit records or samples in a timely manner.
(b) If the department refuses to
issue a permit, it will notify the applicant and concurrently provide the
reason for denying the permit. A person adversely affected by refusal to issue
a permit may seek review of the decision by filing an appeal with the board
within 30 days of the date the notice of the refusal to issue the permit is
received by the applicant.
(9) When issuing the permit, the department
shall inform the applicant that:
(a) Issuance
of the permit is not a finding of compliance with the Statewide Planning Goals
(ORS 197.225) or compatibility with
the acknowledged comprehensive plan and land use regulations; and
(b) The applicant must receive land use
approval from the affected local government supported by written findings as
provided in OAR 632-001-0015 before the use can commence.
(10) The department may temporarily suspend
operations if they are not in compliance with applicable laws or rules of this
chapter, or departmental orders.
(11) The department may revoke a permit for
noncompliance with applicable statutes, rules, orders, and permit
conditions.
Stat. Auth.: ORS 520
Stats. Implemented: ORS
520.095