Code of Vermont Rules
Agency 30 - PUBLIC UTILITY COMMISSION
Sub-Agency 010 - NATURAL GAS AND OIL RESOURCES BOARD
Chapter 001 - OIL AND GAS REGULATIONS
Section 30 010 001 - OIL AND GAS REGULATIONS

Universal Citation: VT Code of Rules 30 010 001

Current through February, 2024

Rule No.1 Authority of the Natural Gas and Oil Resources Board

(a) The Natural Gas and Oil Resources Board, established by Act 240 of the acts of the Adjourned Session of the 1982 General Assembly of the State of Vermont (Chapter 14 of Title 29), has authority over all oil and gas resources within the state for the following purposes:
(1) to encourage oil and gas exploration and production;

(2) to protect property rights and interests of all citizens;

(3) to prevent long-term harm to the environment and other resources that might occur through oil and gas activities;

(4) to protect correlative rights;

(5) to prevent undue waste of oil and gas;

(6) to promote the greatest ultimate recovery of oil and gas, consistent with technology and economic conditions.

(b) The board serves as the regulatory body having authority over all matters involving oil and gas resources in the State of Vermont, including but not limited to the matters set forth in 29 V.S.A. § 505(b). The board also serves as a quasi-judicial body to decide contested cases relating to the issuance of drilling and other permits, the issuance and revocation of licenses, and the establishment of drilling units, and fieldwide unitization.

Rule No.1a Scope of Rules

(a) The rules and forms promulgated by the board shall be of statewide application unless specifically stated otherwise.

(b) Special rules or orders may be promulgated by the board as may be required to carry out the purposes of 29 V.S.A., Chapter 14.

Rule No.2 Definitions

a. The definitions of terms contained in 29 V.S.A. § 503 shall apply to those terms to the extent they are used in these rules.
1. "Abandoned Well" shall mean a well drilled for oil or gas which has never been used or is no longer used for the production of oil or gas or for purposes related to the production of oil or gas.

2. "Adjoining Landowners" shall include both surface and subsurface interest holders whose property adjoins a reservoir that is the subject of a decision by the Board.

3. "Allowable": The amount of oil or gas which a well, leasehold, or field is permitted to produce under order of the Board.

4. "Annular Space": The space between the outer wall of casing suspended in a well bore and the side of the open hole or the inner side of a larger pipe.

5. "Blow-out Preventer": A casinghead assembly designed to control well pressure, which may be closed around the drill pipe or which completely closes the top of the casing.

6. "Casing": Heavy steel pipe used to seal off fluid from the hole or to keep the hole from caving in. There may be several strings of casing, one inside the other, in a single well.

7. "Field": The general area underlaid by one or more pools. The words "field" and "pool" mean the same thing when only one underground reservoir is involved; however, "field" may relate to two or more pools.

8. "Intangible Drilling Costs" shall be those costs deductible as intangible drilling and development costs pursuant to the Internal Revenue Code, 26 U.S.C. § 263(c) and applicable Treasury Regulations.

9. "Person" shall include any individual, partnership, corporation, association, or other business unit.

10. "Pooling" refers to the aggregation of two or more tracts of land into a drilling unit of prescribed size.

11. "Ratable Take": Production of oil and/or gas in accordance with allowable fixed by the Board.

12. "Royalty" shall mean the landowner's share of production free of the costs of production.

13. "Royalty Interest" shall mean the property interest in oil and gas after a severance by royalty deed.

14. "Unitization" refers to the combination of most if not all of the separate tracts in a field into one tract so that a reservoir may be operated without regard to surface property lines.

15. "Well-Spacing" shall mean the pattern of minimum distances from lease boundary lines, and from other wells drilling to or producible from the same pool, at which wells may be located on the surface as established by rule, regulation, or order of the Natural Gas and Oil Resources Board.

16. "Working Interest" shall mean the operating interest under an oil and gas lease; the working interest may include the right to share in production or revenues therefrom, subject to the costs of production.

Rule No.3 Licensing of Oil and Gas Well Drillers

(a) Any person or company, including its subcontactor(s), who desires to engage in the business of drilling wells for oil and gas in the state of Vermont or engage in related activities subject to the supervision of the board, shall obtain a license from the board. Related activities include testing, equipping, completing, operating, stimulating, and plugging oil and gas wells.

(b) An application shall include the following:
1. A copy of the tradename affidavit filed with the Secretary of State, if an individual or partnership;

2. A copy of the certificate of authority filed with the Secretary of State, if a corporation;

3. A description of the technical education, experience, and other qualifications of the principal employees, managers, partners, officers, or directors of the applicant; who will have direct responsibility for operations within the State of Vermont;

4. A current financial statement or annual report of the applicant.

5. A list of all other states in which the applicant is engaged in activities listed in subsection (a) of this rule. If licensed, the list shall include the number of the license, and the name under which licensed.

6. The names and addresses of three references who are individuals having expertise in an area relating to oil and gas and have known applicant in a professional capacity for at least three (3) years.

7. Any relevant information requested by the board.

(c) The application fee for a license, which is nonrefundable, shall be $ 100.00 to be paid to the Board. Licenses shall not be transferable and shall expire each December 31.

(d) The board may, after notice and an opportunity for hearing, suspend, revoke, deny or refuse to renew a license for failure to comply with applicable statutes or rules of the board. The applicant or licensee shall have fifteen (15) days from the receipt of notice to request a hearing, at which time he shall be given an opportunity to show compliance with the lawful requirements for issuance or retention of the license. Issuance of a license may be without hearing. The board may impose reasonable conditions for the issuance or reinstatement of a license. Notice shall conform to the requirements of 3 V.S.A. § 814.

(e) The board may refuse to issue or renew, suspend, deny, or revoke a license if it finds that the applicant:
(1) has failed to conduct its business according to prevailing industry standards;

(2) has previously engaged in fraudulent, deceptive, or illegal practices;

(3) has failed to comply with an order or rule of the board;

(4) has had its license suspended, revoked, or denied renewal by another state for failure to comply with that state's rules, regulations, or statutory provisions;

(5) lacks expertise or qualifications reasonably necessary to engage in the practice of oil or gas drilling.

Rule No.4 Drilling Permit Required; Application

(a) No person shall commence operations to drill, deepen, plug back, or convert a well for oil and gas exploration, production, storage, or related purposes without a permit issued by the board. This rule shall apply to stratigraphic test wells, but shall not apply to deepening or plug back operations to be conducted exclusively within the current producing zone of an existing well.

(b) An application for a permit shall be filed on Form P-1, Application for a Permit to Drill, Deepen, or Plug Back, and shall include the following information:
1. The applicant's name, address, address of each of the applicant's offices within the state and, where the applicant is not a natural person, the form, date, and place of incorporation of the applicant;

2. A plat prepared or approved by a professional engineer registered under 26 V.S.A. Chapter 19, or professional surveyor registered under 26 V.S.A. Chapter 45, showing the county, town, and tract of land on which the well is to be located and an exact location of the well site established in accordance with the Vermont Coordinate System;

3. If available, an orthophoto Vermont Base Map showing the exact location of the well site;

4. A narrative description of the location of the well site, separate leasehold, or pooled unit, acreage, distance to boundary lines, and distance to any oil and gas and water well on the same or adjoining properties;

5. The proposed angle, direction, and depth of the well if it is to substantially deviate from a vertical course;

6. A narrative description of the facilities to be used to contain and dispose of salt water and other waste fluids, including back-up facilities;

7. A permit under Chapter 151 of Title 10 (Act 250);

8. The applicant's license number and date of issuance by the board.

9. Any other information which may be reasonably requested by the board.

(c) A permit may be denied if:
1. The applicant fails to provide information required by this rule or requested by the board.

2. The applicant has not obtained necessary permits required by other state or federal agencies;

3. The board finds that the granting of a permit will not effectuate the purposes set forth in 29 V.S.A. § 502(b). In the event of a conflict among these purposes, the duty to prevent waste shall be paramount.

Rule No.4a Application Fees

(a) The fee for a permit to drill or deepen a well shall be $ 100.00 plus $ 0.30 per foot to be drilled.

(b) The schedule of other fees shall be:

Oil and Gas Well Driller's License

$ 100.00

All other permits

100.00

(c) In the event that an application is withdrawn prior to approval or is denied, that portion of any fee in excess of $ 1,000.00 shall be refunded in full and fifty percent (50%) of the fee, $ 100.00 or over but less than $ 1,000.00 shall be refunded.

Rule No.5 Applications and Other Pleadings; Service

(a) All applications, petitions, notices, entries of appearance, or other pleadings filed with the board shall be deemed to have been filed when the pleading is received by the Board, except that applications and forms which do not contain all the required information shall be considered filed on the date that the required information is received. Any such pleading shall be signed by the applicant, his attorney, or an officer thereof and the original and four (4) copies filed with the Board.

(b) Service shall be made upon all interested parties in accordance with subsection (c) of this rule in the following instances:
(1) upon application for a drilling permit;

(2) upon petition for a declaratory ruling or rule change;

(3) upon application for relief from the ratable take requirement pursuant to 29 V.S.A. § 526;

(4) upon application to plug and abandon;

(5) upon application to deepen or engage in directional drilling;

(6) upon application for multiple completion;

(7) upon application for an exception pursuant to Rule 45(e);

(8) upon application for revocation or suspension of a permit pursuant to Rule 19;

(9) upon application for enhanced recovery operations.

(c) Service shall be made on or before filing with the board by personal service or by first-class mail, to the person's last known address, except in cases where a different manner of service is required or permitted by an applicable provision of law. The applicant shall certify by affidavit that service of an initial pleading has been made upon all parties entitled to receive notice by law or rule of the board. Notice to other persons may be provided in the discretion and responsibility of the board. Subsequent pleadings shall be served upon the attorneys of record for all other parties and upon all parties who appeared for themselves, and shall be made by handing a copy to the attorney or party or by mailing a copy to his last known address.

(d) Amendments to Pleadings:
(1) The board or the presiding officer at any time during a hearing on its motion or on motion of any participant may direct a party to state his case by way of amendment more fully or in more detail. Such amendment shall be reduced to writing and filed within such time as may be fixed therefore.

(2) The board may in its discretion on motion and for cause shown, after notice to all parties, allow the parties to amend their petitions and other pleadings, and order and permit pleading to be filed, or any proceeding to be had, at other times than are prescribed in these rules.

(3) The party shall furnish the Board a typed copy of the amendments, making suitable reference to the places where the same are to be inserted, or may furnish a corrected copy of the complete pleading as sought to be amended. The amendments or amended pleading shall be provided to all parties in accordance with the above subsection relating to service of subsequent pleadings.

(e) Publication
(1) Publication shall be made in the instances listed in subsection (b) above and shall be made in a local newspaper generally circulating in the area where the affected land is located.

(2) The notice shall contain the name and address of the applicant, the name of the landowner(s) of record, the location of the proposed activity, and the date of filing of the publication.

(3) Publication shall be not less than ten (10) days before the hearing date.

Rule No.6 Petitions for Rule Changes or Declaratory Rulings

(a) Petitions for the adoption, amendment, or repeal of any rule may be filed with the board. Petitions will be considered and disposed of pursuant to the procedures specified in 3 V.S.A. §§ 803, 806.

(b) Petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the board will be entertained by the board. Petitions shall be considered to be either a petition for adoption or a contested case as may be proper under the circumstances.

Rule No.7 Hearings

(a) A hearing shall be held in the following instances:
(1) When an applicant or licensee has made timely demand for a hearing after receipt of notice of suspension, revocation, denial, or nonrenewal of a license;

(2) Upon application for a drilling permit;

(3) Upon petition for a declaratory ruling or rule change pursuant to Rule 6.

(4) In the following instances, unless the board has received written waiver by all interested parties:
(A) upon application for relief from the ratable take requirement pursuant to 29 V.S.A. § 526;

(B) upon application to plug and abandon;

(C) upon application to deepen or engage in directional drilling;

(D) upon application for multiple completion;

(E) upon application for an exception pursuant to Rule 44;

(F) upon application for revocation or suspension of a permit pursuant to Rule 19;

(G) upon application for enhanced recovery operations.

(5) Where the board decides it would be in the public interest to do so.

(b) Following the receipt of a request for a hearing, the Board shall cause a hearing to be called at a time and place determined by the Board. The date for a hearing shall be set within fifteen (15) days of receipt of an application or request for hearing, but in no event shall the hearing be held later than thirty (30) days after receipt of a request for a hearing. The parties shall not be given fewer than ten (10) days' notice. Subject to the approval of the board an applicant may waive the requirements of this rule pertaining to scheduling of hearings.

(c) Hearings may be continued until all testimony and evidence relating to the case has been presented and all parties have had adequate opportunity to be heard in the judgment of the board.

(d) At any time prior to the adjournment of a hearing, any party may petition for a recess for a reasonable period of time, which the board may grant or deny in its discretion.

Rule No.8 Parties and Appearances

(a) In proceedings before the board, the following persons shall be entitled to party status:
(1) any owner or operator included in a drilling unit or field-wide unit which will be directly affected by the action of the board.

(2) any owner or operator adjoining a drilling unit which will be affected by the action of the board who requests a hearing or who requests the right to be heard by entering an appearance on or before the first day of a hearing which has previously been scheduled. Such party may participate in a proceeding and present evidence only to the extent the proposed action affects his interest as owner or operator.

(3) any government agency which will be directly affected by the action of the board.

(b) Upon written or oral petition, the Board may allow as parties a person or agency not otherwise afforded party status if it finds that the petitioner has demonstrated that the action of the board may directly affect his interest, or that his participation will materially assist the board by providing relevant testimony or other evidence.

(c) A petition for party status shall include:
(1) The details of the petitioner's interest in the proceedings, including his position of opposition or support of the action sought, if known;

(2) If the petition is in the name of an organization, a copy of the tradename affidavit if unincorporated, or of authority if a corporation, filed with the Secretary of State, and a description of the organization's purposes and membership.

(d) A petition for party status shall be made on or before the first day of a hearing which has been previously scheduled, unless the Board finds that there is good cause for failure to timely appear and that a late appearance will not unreasonably delay the proceedings or unduly burden the applicant or other parties.

(e) The board will issue an order granting or denying a petition for party status. The order may restrict the participation of the petitioner to certain portions of the proceedings.

(f) Any party to a case before the Board may appear for himself or by an attorney of record. An attorney who is not a member of the Vermont Bar shall be allowed to practice before the board only if accompanied by a member of the Vermont Bar.

(g) Upon the filing of a pleading initiating a case before the board, the name of the party who has signed the pleading shall be entered on the docket of the board. All notices given to or by an attorney of record shall be considered as notice to or from the party represented by the attorney.

(h) Except for appearances before the board, all other appearances by attorneys or persons appearing for themselves shall be by notice in writing filed with the board and served as required by Rule 4.

Rule No.9 Prehearing Conferences

(a) The board, acting through a designated member, may upon due notice conduct prehearing conferences to consider:
(1) simplification of issues;

(2) possibility or desirability of amendments to the application or other pleadings;

(3) the possibility of obtaining admissions of fact or documents to avoid unnecessary proof;

(4) such other matters as may aid in the disposition of the matter.

(b) The convening member may prepare a pre-hearing order. Copies shall be sent to all parties at least five days prior to a hearing unless the time limit is waived. Parties who have received notice of the prehearing conference shall be bound by the prehearing order except upon showing of cause, timely filing of an objection, or if fairness requires otherwise, as the Board determines.

Rule No.10 Hearing Examiners; Hearings by the Board

(a) The board may appoint hearing officers to conduct hearings with respect to any matter coming before the board and to make reports and recommendations to the board with respect thereto.

(b) The parties shall be given reasonable notice of the appointment of a hearing examiner. If a party files a written objection at least ten days before the date set for the hearing, the Board shall order a prehearing conference to consider the matter.

(c) Rules governing proceedings before a hearing officer shall be the same as those for proceedings before the Board, including holding prehearing conferences and issuing prehearing orders.

(d) The hearing examiner shall prepare and transmit to the board recommended findings of fact and conclusions of law. Copies of the examiner's recommended findings shall be sent to all parties of record, who may request an opportunity for oral argument before the board, provided such request is submitted within five days of the receipt of the recommended findings.

(e) Upon its review of the record and the hearing officer's recommendations the board shall determine whether the record is complete and the hearing shall be adourned. The board shall make a final decision within thirty (30) days after the hearing is adjourned.

(f) If the board approves an application and no party having an interest adverse to the application enters an appearance or offers evidence in opposition to the application during the hearing before the examiner, the order shall be effective immediately. If the board denies an application, in whole or in part, or a party having an interest adverse to the application enters an appearance or offers evidence in opposition to the application, the order shall not become effective for fifteen (15) days.

(g) Requests for rehearing following a hearing held by hearing examiner are governed by 29 V.S.A. § 511.

(h) Requests for rehearing following a hearing held by the Board shall be made within fifteen (15) days of the date of the Board's decision. If a timely request for a rehearing is made, the Board in its discretion may deny rehearing or affirm, revoke, or modify its decision or may order a rehearing, at which the parties shall have the right to present additional testimony and documentary evidence.

(i) The Vermont Rules of Civil Procedure shall apply as to all proceedings before the board as to which provision has not been made in these rules, and are herein incorporated by reference.

Rule No.11 Subpoenas

A party shall be entitled to the issuance of subpoenas by making a written request to the board. Costs of services, fees, and compensation shall be paid in advance by the party requesting the subpoena.

Rule No.12 Evidence at Hearings

(a) The admissibility of evidence in all cases before the board, whether heard by the board or by a hearing examiner, shall be determined by the criteria set forth in 3 V.S.A. § 810.

(b) The board shall receive evidence in whatever order it finds to be most expeditious and equitable.

(c) In the event that no party having an interest adverse to the application enters an appearance or no party offers evidence in opposition to the application, the Board may make such reasonable inquiry as it finds necessary to make affirmative findings as required. In such cases, the board may recess the proceedings and require such investigations and production of evidence as it deems necessary to evaluate the case.

(d) A qualified stenographer or sound recording device shall be used to record all hearings. If a party desires a stenographer, the request shall be made in writing at least five days before a hearing. A party may request the Board that a transcript be made, provided that such request is made at or within five (5) days after a hearing. The requesting party shall bear the costs of the transcript. The Board shall allocte the costs among requesting parties and resolve any disputes as to costs among the parties.

(e) Cross-examination of any witnesses shall be done only by an attorney who has entered his appearance or by a party who is not represented by counsel, unless the board directs otherwise.

Rule No.13 Presiding Officer; Quorum

(a) When present, the chairman of the board shall preside at all hearings before the board. If the chairman is to be absent, or for any reason elects not to participate in a hearing or is disqualified, the chairman shall designate a member as acting chairman. The chairman or acting chairman shall have the power to administer oaths to witnesses, rule on questions of evidence and offers of proof, rule on the validity of service of subpoenas and notices, and do whatever is necessary and proper to conduct the hearing in an orderly and judicious manner.

(b) A quorum of the board to conduct business, including holding a hearing, shall consist of three members. Decisions shall be by majority vote.

Rule No.14 Joint Hearings

(a) Where conistent with 29 V.S.A. Chapter 14, in order to avoid duplication of testimony and unnecessary time and expense, the board may hold a joint hearing with another government agency if the agency requests or agrees to a joint hearing. The board shall notify the parties entitled to notice under these rules prior to the joint hearing date.

(b) Any party may request the board in writing to hold a joint hearing with another government agency.

Rule No.15 Review of Applications

(a) The board shall review each application in the order presented unless the board determines that review in some other order is fair and reasonable.

(b) The board may undertake such investigations, examinations, tests, and site evaluations as it deems necessary to verify information contained in an application.

(c) The board may attach such conditions to a permit or other approval as may be appropriate to ensure compliance with applicable statutes or regulations of the board. Such conditions may include the posting of a bond or the establishment of an escrow account.

(d) In the event that an application is also subject to the standards and/or requires one or more permits from another government agency, the board may require that the certificate of compliance or permit be obtained prior to the board's approval of the application. Such certificate or permit shall create a rebuttable presumption that the proposed action is not detrimental to the public health, safety or welfare.
(1) If the certificate of compliance or permit imposes conditions or restrictions on the proposed action which materially alter its character, the application shall be amended to reflect such changes and notice shall be given to all parties.

(2) If requested by any party and found necessary and proper, or upon motion of the board, a rehearing shall be held on the amended application.

(e) Insofar as an applicant sustains his burden of proof, or a party opposing the application fails to sustain his burden of proof, as provided by law or rule of the board, the board shall make affirmative findings of fact and conclusions of law including any conditions or limitations thereto. The findings of fact and conclusions of law made under this section shall be binding on all parties during the term specified by the board unless the board amends the order because there was material misrepresentation or fraud, or the circumstances have so materially changed that the findings or conclusions are clearly erroneous, without basis in fact or contrary to law.

Rule No.16 Approval or Denial of Applications

(a) If the board approves an application, it shall issue a permit or other written approval of the application. If the board does not approve an application it shall give written notice to the applicant specifying the reasons for denial.

(b) The board shall issue all findings and conclusions within thirty (30) days of the final hearing, which shall constitute final action of the board.

(c) Within fifteen days of final action of the board a party may file such motions as may be appropriate. The board shall act promptly on any motions. The running of time for appeal to the Supreme Court shall be stayed upon filing of such motions and until further action on the motion is taken by the board.

Rule No.17 Permit Conditions; Duration of Permits

(a) All conditions shall be clearly and unambiguously stated in permits. Conditions may include any requirement reasonably necessary to accomplish the purposes of 29 V.S.A. Chapter 14. The board may require a permittee to file reports or affidavits of compliance with respect to the conditions of a permit. Failure to comply and failure to submit such reports or affidavits may be cause for suspension or revocation of a permit. Conditions may include periodic inspections by members of the board or their designated agent.

(b) Drilling permits shall expire one year after issuance unless drilling operations are commenced within such time and are pursued with due diligence. Drilling operations shall include, but not be limited to, actions by the permittee to obtain a drilling rig, prepare a drilling site, and other necessary preliminary preparations if performed in good faith with the intention of continuing operations.

(c) The duration of permits other than drilling permits shall be for the period stated in the permit or for that period of time during which the permittee or his successor may, by reason of the conditions of a permit, be responsible and held accountable for compliance with the terms of the permit. The board may extend or renew a permit prior to its expiration.

(d) At least fifteen (15) days prior to the actual commencement of drilling operations, the permittee shall give written notice to the board, state and local agencies from whom other permits or certificates of compliance were obtained, and the surface landowner affected.

(e) During the period when drilling operations are in progress, the permit shall be posted in a prominent place at the well site and maintained in a clearly visible and legible condition.

(f) A person holding a drilling permit who desires to transfer it to another person shall submit in triplicate a written request for a transfer to the board together with proof that all other required state and local permits have been transferred or acquired. The transfer shall not be approved nor any bond released until the person to whom the permit is to be transferred submits an amended permit application acceptable to the board.

Rule No.18 Recording of Drilling Permit

Within thirty (30) days of the granting of a drilling permit by the board, the applicant shall file the permit for recording in the land records of the town in which the proposed well is to be located. Failure to comply with this rule may be cause for revocation of a drilling permit.

Rule No.19 Revocation and Suspension of Permits

(a) A petition for revocation or suspension of a permit under 29 V.S.A. § 555 may be made to the board by any person who was party to the application or proceedings may be instituted on the board's initiative.

(b) A permit may be revoked or suspended if:
(1) the board finds that the applicant has wilfully or negligently failed to obtain or comply with the terms of a license or permit from the board or other state agency;

(2) the board finds that the permittee has negligently or wilfully failed to provide necessary information requested by the board;

(3) the board finds that the permittee has violated a provision of these rules or of 29 V.S.A. Chapter 14.

(c) Procedure for revocation or suspension of a permit shall be according to Rule 3(d) except that if there is a clear and imminent danger to public health or safety, the board may revoke or suspend a permit immediately upon discovery of the imminent danger, provided that a hearing is held within five (5) days of the board's order. After this hearing, the board shall give the permittee reasonable opportunity to correct a violation before the order of revocation or suspension becomes final.

(d) Nothing in this rule shall be construed to preclude the board or any other government agency from instituting an enforcement action or other action, civil or criminal, against the permittees as provided by law.

Rule No.20 Access to Properties and Records

(a) The board, its agents and employees shall have access at all reasonable times to enter upon and inspect any exploration site, oil or gas well site, storage, transportation, or related facility for the purpose of making any investigation, test or audit to determine whether the operator is in compliance with applicable law, rules, or orders of the board.

(b) The board, its agents and employees, shall have access at all reasonable times to all exploration, well and facility records wherever located. Copies of these records or other records in which the owner has an exclusive right may be makred "confidential" and filed with the board.

(c)
(1) Confidential records filed with the board shall not be open to pbulic inspection nor their contents disclosed for a period of two years of their filing.

(2) Confidential records filed with the board may be held confidential for an additional period of one year upon written request of the owner and a showing of special circumstances requiring an extension.

(3) All well and facility records, whether or not filed with the board and designated "confidential", may be used in any legal proceedings in which the board is a party or conducted by the board.

(4) The State Geologist shall be considered an agent or the board.

(d) Data obtained by means of inspection or audit or company records or well sites shall be considered "confidential" and subject to subsection (c) of this rule.

Rule No.21 Bond

(a) No drilling permit shall be issued unless a bond has been furnished conditioned upon compliance with all laws, rules, and orders of the board relating to the drilling, deepening, casing and stimulating of oil and gas wells and on the plugging, abandonment, and surface restoration and reclamation of the drilling site, and on the provision by the applicant of all information required by the board.

(b) The bonding requirement for oil and gas wells shall be:
(1) for each well, $ 10,000.00; or

(2) for more than five wells, a blanket bond of $ 50,000.00 to cover all wells;

(c) Each bond shall be provided by a corporate surety authorized to do business in the State of Vermont. Each bond shall be in favor of the Vermont Natural Gas and Oil Resources Board. It shall remain in force and effect until the plugging and abandonment of the well or wells, and release by the board.

(d) In lieu of a corporate surety, the applicant may deposit cash or such other collateral security as the board may allow in an amount or market value equal to or greater than the bonding requirement. The state treasurer shall receive the deposit and certify that it meets the bonding requirement, and shall hold the cash or security in the name of the board in trust for the purposes described in section (a) of this rule.

(e) The permittee shall be entitled to all interest and income earned on the deposit or collateral security provided he or she is in compliance with the conditions imposed by the board.

(f) Every person engaged in the business of well plugging and salvage of oilfield subsurface equipment shall be required to provide a bond of $ 10,000.00 as provided by sections (c) and (d) of this rule.

Rule No.22 Drilling Units, Well-Spacing - General Rules

(a) Unless the board provides otherwise in its temporary or permanent special field rules, a drilling unit shall be at least one hundred sixty (160) acres. The length of a drilling unit shall not exceed twice its width.

(b) An exploratory well shall be located not nearer than six hundred sixty (660) feet from an outer boundary of the exploratory drilling unit.

Rule No.23 Directional Drilling

(a) Except for minor deviations, intentional directional drilling shall require a permit from the board. The following information shall be included:
(1) the reason for deviation;

(2) an accurate plat of the property on which the well is located and surrounding properties;

(3) a description of the probable bottom-hole location in relation to the surface location;

(4) any other information pertinent to the deviation of the well from a vertical line or requested by the board.

(b) If, due to construction problems, it becomes necessary to directionally drill after normal vertical drilling has commenced, the operator may do so without a permit at his own risk provided the board is immediately notified of the conditions necessitating this action. Within five (5) days of commencement of directional drilling, the operation shall be reviewed on its merits by the board.

(c) In all other respects, directionally drilled wells shall be subject to the provisions of these rules relating to well survey and well spacing requirements.

Rule No.24 Wells Not Drilled for Oil and Gas Production

(a) Rules providing for drilling units and well-spacing shall not apply to wells drilled to obtain geological information, stratigraphic testing, saltwater disposal, or storage of natural gas.

Rule No.25 Exploratory Drilling Units; Temporary Well Spacing

(a) Whenever a well is to be drilled to test for the occurrence of a reservoir, the board shall establish an exploratory drilling unit no smaller than the area expected to be drained by the exploratory well, and no larger than the expected total area of the reservoir. If insufficient geological and engineering information is available to permit such a determination to be made, an exploratory drilling unit shall be at least 160 acres.

(b) An exploratory well shall be located not less than 1,320 feet from any other oil and gas well drilled or to be drilled into the same reservoir.

Rule No.26 Exceptions to Well Spacing

(a) An exception to the requirements of any temporary or permanent rule or order concerning well spacing may be granted for good cause.

(b) Whenever the granting of an exception would result in enabling the exception well to produce more than a just and equitable share of the oil and gas in the reservoir, the board shall restrict production from the well so as to protect the correlative rights of other owners or operators.

(c) Whenever an application for an exception to well spacing is denied, the board shall consider the incorporation of the drilling unit on which the proposed well was to have been drilled into a adjoining drilling unit or units. After notice and a hearing, the board may enter an order approving the combining of the units. If the ownership of the proposed and existent drilling units are different, the owners of the proposed drilling unit shall be granted an interest in the enlarged drilling unit, as follows:
(1) as to the royalty owners, an interest in the royalty share of production in proportion to the oil and gas in place;

(2) as to the working interest owners, an interest in the working interest share of production and in the wells and other equipment on the enlarged unit in proportion to the oil and gas in place. The working interest owner of the proposed drilling unit shall be required to pay his proportionate share of the wells and other equipment, either in cash or out of production, on the following basis:
(a) the intangible portion of the cost of the wells reduced by the percentage of the recoverable oil and gas under the preexisting drilling unit produced prior to the date of the board's order; and

(b) the tangible portion of the cost of the wells valued at the market value on the date of the board's order; and

(c) in the event that payment is not made at the time of the adjustment, reasonable interest on deferred payment shall be allowed to the creditor.

Rule No.27 Well Spacing Under Field-Wide Unitization

Unit operation covering all or part of a reservoir in which all interests have been considered as a single property for purposes of well spacing. When the operator of a unit desires to drill wells therein in a pattern other than that provided by the well spacing rules applicable to the reservoir, he shall first submit and obtain approval from the board of a plan of development for the unit.

Rule No.28 Naming and Classifying Reservoirs and Wells

(a) The board shall assign a name to each newly discovered reservoir. The name shall consist of:
(1) A geographical landmark designation and an appropriate directional symbol, such as "Alburg SW"; and

(2) The geological name of the producing formation.

(b) The board shall classify and reclassify as necesary, oil and gas reservoirs as follows:
(1) oil

(2) oil - pressure maintenance or secondary recovery operation

(3) dry gas

(4) gas condensate

(5) gas condensate - cycling operation

(c) The board may classify one or more wells in a reservoir as a gas well or oil well by special order affecting the well or wells.

Rule No.29 Well Identification

(a) In addition to any other system for well identification, the board shall assign a unique numeric code to each well based upon the American Petroleum Institute (API) system set forth in AMI Bulletin D12A, January 1979, reissued May, 1982, as amended from time to time.

(b) The state code for Vermont is 44. The county codes are:

Addison

001

Bennington

003

Caledonia

005

Chittenden

007

Essex

009

Franklin

011

Grand Isle

013

Lamoille

015

Orange

017

Orleans

019

Rutland

021

Washington

023

Windham

025

Windsor

027

(c) Unique well codes are assigned within each county from 1 to 60000. Numbers 1 to 20000 are assigned to existing wells; numbers 20001 to 60000 are assigned to future wells.

(d) Directional sidetrack bore holes within a well are related to the original well by assigning a code from 1 to 99 which appears as a suffix to the well number. For example:

API Well Number

Original Well

Sidetrack

State Code

County Code

Well Code

S/T Code

44

001

001

01

Rule No.30 Surface Casing and Cementing

(a) Suitable surface casing shall be installed and cemented to a depth not less than fifty (50) feet below the deepest fresh water strata encountered, in a manner that will protect such fresh water strata from contamination.

(b) Sufficient cement shall be used to fill the annular space behind the surface casing from the base thereof to the surface of the ground.

(c) This rule shall apply to all wells unless modified for a particular well or reservoir by a temporary order of the board providing for a casing program. Notwithstanding compliance or attempted compliance with the foregoing requirements, if it is later determined that a fresh water strata exists in the well which has not been properly cased and cemented to the extent and in the manner necessary to protect such fresh water strata from contamination, the persons responsible for the drilling or operation of the well, shall take such measures as may be necessary to protect or restore said fresh water strata.

Rule No.31 Testing of Casing and Connections

(a) Installed casing shall be cemented by the pump and plug method or other method approved by the Board and shall be allowed to set at least twelve (12) hours.

(b) Before the cement plug is drilled, the casing shall be tested by the pressure or bailing method or other method approved by the board.
(1) If the pressure method is used, the pressure within the casing (measured at the surface) shall be raised to a pressure in pounds per square inch (psi) calculated by multiplying the length of the casing in feet by (0.2), up to a maximum of 1500 psi. The casing shall be capable of holding 90% of the pressure applied at the end of the 30-minute test.

(2) If the bailing method is used, the fluid level of the well shall be lowered to a point midway between the base of the casing being tested and the top of the cement column behind the casing. The fluid level shall show a rise equivalent to no more than 2% of the depth of the well over a 12-hour test.

(3) Casing failing to pass the test shall be repaired and retested until it meets the standard.

Rule No.32 Production Tests for Oil Wells

(a) For new and recompleted oil wells, an initial production test shall be undertaken by the producer and the results reported on a form prescribed by the board. Tests shall be carried out in accordance with instructions set forth on the report form and shall show oil, gas and water production; gas-oil ratio, and API gravity of the oil.

(b) Each oil well shall be tested periodically in accordance with a schedule published by the board.

Rule No.33 Gas Well Testing

(a) Well operators shall conduct open-flow capacity tests of gas wells to be used in the establishment of the most efficient rate of production annually or as frequently as required by the board.

Rule No.34 Safety

(a) Blow-out prevention: Operating drilling wells shall be equipped with a master-gate or its equivalent, a blow-out preventer, and a flow-line valve of an appropriate size and working pressure. Well control equipment shall be tested regularly and maintained in good working order at all times.

(b) Fire hazard prevention:
(1) All well and tank locations shall be kept free of rubbish, brush, weeds, or other flammable materials at all times.

(2) All waste materials shall be disposed of in such manner as to avoid creating the risk of fire or accident.

(c) Notification: The well operator shall immediately notify the board of any fires, leaks, or blow-outs and shall take immediate action to control such fires, leaks, or blow-outs.

Rule No.35 Plugging and Abandonment

(a) Before any work is commenced to plug any well drilled for oil and gas purposes or for any purpose related to the production of oil or gas, the owner or operator thereof shall give five days' prior written notice of intention to plug and abandon.

(b) The board may have a representative present at the plugging operations. The representative shall have access to electrical logs and any other well records to ensure that adequate and proper plugging measures are being taken. If the representative of the board fails to appear, the operator may proceed with plugging operations, provided he has complied with the notice requirements.

(c) The owner or operator shall plug an abandoned well so as to prevent the escape or migration of all oil, gas, salt water or other substances which might pollute ground or surface waters, and shall restore and reclaim the drillsite to a condition consistent with the adjacent terrain and landscape.

(d) Methods of Plugging and Abandonment
(1) Upon abandonment, the owner or operator shall fill and plug the well with drilling mud or cement from the bottom of the hole to the surface as provided by these rules.

(2) If there is no evidence of geologic instability, the owner or operator may anchor a permanent bridge topped by a cement plug at least 25 feet long in the well below the deepest oil, gas, or water-bearing stratum, and therefrom fill and plug the well.

(3) A cement plug at least 25 feet long shall be placed at the top of each oil or gas producing formation, and if any casing is to be left in the well, at the bottom and top of each string of casing. Whenever two or more oil or gas producing strata are not widely separated, they may be grouped and treated as one producing formation.

(4) The surface string of casing shall be abandoned in the well.

(5) The interval between all plugs and bridges shall be filled as required by subsection l above, except that at the surface the topmost portion of the casing shall be removed and the well shall be filled with gravel, soil, or other suitable material which will prevent erosion and not interfere with surface land uses. A monument or marker shall be installed to precisely indicate the location of the plugged well.

(6) If an oil or gas formation has been fractured or if other unusual conditions exist in the well which would make ineffective the filling and plugging procedures required by these rules, the owner or operator shall request the board's approval of an alternate procedure.

(7) When the well to be plugged may be safely used as a fresh water well, a landowner may make a written request to the board that it not be filled above the plug required below fresh water. The request shall be accompanied by a written agreement by the well owner or operator to properly complete the well as a water well. The board may grant or deny such requests in its discretion. Within thirty (30) days after the plugging and reclamation of a well, and well site, the owner or operator shall file an affidavit with the board setting forth the time and manner in which the work was performed. This work must be performed by a Vermont licensed well driller in accordance with 10 V.S.A. §§ 1471-1479 and a report filed with the Department of Water Resources and Environmental Engineering.

Rule No.36 Oil Production From Oil Wells

(a) The operator of each newly completed well shall furnish to the board geologic and engineering data by which it may be determined if a new reservoir has been discovered. If a new discovery has been made, the board shall issue an order promulgating temporary rules for the reservoir including temporary drilling units and well spacing so that:
(1) No unnecessary wells are drilled in the early stages of development; and

(2) The limits and characteristics of the reservoir and its fluid contents may be determined within a reasonable time.

(b) The board shall set a rate of production for the well, which shall be the lesser of the rate permitted by the production schedule or the well's capacity to produce oil. Within twenty-four (24) months or upon the completion of the tenth well in the common reservoir, the board shall hold a hearing and shall require the submission of all available reservoir data in order to determine the most efficient rate of production for the reservoir.

(c) In determining the most efficient rate of production, the board shall consider the recommendations of operators for the future operation of the reservoir. If at any time an operator believes that the established most efficient rate (MER) is too low or too high, the operator may petition the board for a redetermination of the MER. Upon notice, a hearing, and consideration of the evidence, the board may set a higher or lower MER, which shall thereafter be used to determine the separate leasehold or pooled unit rates of production.

(d) The rate of production for a reservoir under secondary recovery, whether or not a unit operation, will be established by a special order of the board.

Rule No.37 Production of Associated Gas

(a) An associated gas well shall be allowed to produce from a separate leasehold or pooled unit on which it is located that volume of gas which occupied the same volume in the reservoir as oil produced at the most efficient rate of production established by the board, producing with a gas-oil ratio of 2000 cubic feet of gas per barrel of oil, multiplied by a factor, the numerator of which is the number of acres productive of gas within the separate leasehold or pooled unit and not attributed to any other well, and the denominator of which is the number of acres in an oil drilling unit in the reservoir as established by the board.

(b) No gas shall be permitted to escape into the atmosphere except for well tests authorized by the board; but the board may permit the venting of gas from an oil well pending the availability of a gas pipeline connection or other means for transporting and selling gas; or the board may hold a hearing to determine whether the volume, pressure, quality, or location would make transporting and selling the gas economically unfeasible, and whether the public interest or correlative rights would be unduly harmed by venting of gas incident to oil production.

Rule No.38 Gas-Oil Ratio Penalty

(a) In order to prevent the waste of associated gas, any oil well producing with a gas-oil ratio in excess of 2000 cubic feet of gas determined by multiplying the most efficient rate of production of oil which could have been assigned without the application of this rule by 2000. The gas volume thus determined shall be the daily gas production unit of the well, or separate leasehold or pooled unit.

(b) The allowable daily production of oil shall then be determined by dividing the daily gas production limit by the gas-oil ratio in cubic feet of gas per barrel of oil. The well, separate leasehold or pooled unit shall be permitted to produce oil at the lesser of the most efficient rate of production or gas production limit as established herein.

(c) If gas produced from an oil reservoir is reinjected to the same reservoir from which it was produced, only the volume of gas not returned to the reservoir shall be considered in imposing a gas-oil ratio penalty.

(d) When a majority of the oil wells in a reservoir are producing with gas-oil ratios in excess of 2000 cubic feet per barrel, and when substantially all the gas produced from the wells is utilized without waste, and when it appears that the efficiency of the oil recovery mechanism of the reservoir will not thereby be substantially diminished, the board may permit all or part of the gas produced before calculating the gas-oil ratio of a well.

(e) When it can be shown that no avoidable waste or violation of correlative rights will result, the board may authorize a gas-oil ratio in excess of 2000 cubic feet of gas per barrel of oil.

Rule No.39 Reserved

Rule No.40 Oil Well Production Schedulezz

The board shall publish schedules on which are tabulated for each well, separate leasehold or pooled unit, and each pressure maintenance or secondary recovery project, the following information:

a. name and depth of the reservoir,

b. name of the operator

c. project name, lease name, and number of wells

d. size of drilling unit

e. percent of oil and gas in place allocated, if applicable,

f. gas-oil ratio and penalty, if applicable.

Rule No.41 Gas Well Testing

(a) Well operators shall conduct open-flow capacity tests of gas wells to be used in the establishment of the most efficient rate of production annually or as frequently as required by the board.

(b) At least fifteen days prior to the proposed date of the test, the well operator shall submit to the board a request for gas well testing, the Board shall specifically grant or deny within 15 days prior to the test date. The request shall include an affidavit or mailing of notice of the test to all other producers in the reservoir, who may attend and witness the test.

Rule No.42 Measurement of Gas and Liquid Hydrocarbons

(a) All natural gas and liquid hydrocarbons produced from each gas well, separate lease, or pooled unit shall be separated, measured, and reported to the board.

(b) The board may grant an exception where gas from two or more separate lease or pooled units is received by a common measuring and separation facility if it can be demonstrated that the owners of the gas and liquid hydrocarbons so measured will be paid their equitable share.

(c) Meter charts, calibration records, and other measurement records shall be kept on file for a period of at least two years, and shall be made available to the board upon request.

Rule No.43 Gas Production Allocation

(a) Whenever necessary to protect correlative rights or prevent waste, the board shall regulate the production of gas from a reservoir by establishing a formula by which to allocate production among wells. The board shall issue a monthly production schedule based on the production allocation formula.

(b) Prior to the adoption of permanent rules for a reservoir, a temporary production allocation shall be assigned to each gas well in the proportion that the productive acreage attributed to the gas well bears to the total productive acreage attributed to all the gas wells in the reservoir.

(c) Permanent rules for a reservoir shall provide that the total permitted production from the reservoir shall be allocated so as to allow each separate leasehold or pooled unit in the reservoir the opportunity to produce its just and equitable share of recoverable gas.

(d) Every six (6) months, the operator of a gas well, separate lease, or pooled unit which has not produced as much gas during the preceeding six (6) months as was allocated to it by the board may apply for permission to carry the underproduction forward as an increased production allocation for the next six (6) month period.
(1) If allowed by the board, the underproduction will be balanced by a fractional increase of the production allocation equally during each of the next six (6) months; provided, however, that a well shall not be permitted to produce at greater than its most efficient rate.

(2) If a well has cumulatively underproduced during each of two successive balancing periods, it shall not be granted an increased production allocation unless it can be demonstrated that the open-flow capacity of the well exceeds the proposed greater allocation.

(e) The operator of a gas well, separate lease, or pooled unit may produce gas in excess of the monthly allocation; provided, however, that every six (6) months, overproduction shall be balanced by decreased production during the next six (6) month period. A specified fractional part of the overproduction need not be made up during each month of the balancing period, so long as all of the overproduction is made up within six (6) months.
(1) Any well, separate lease, or pooled unit that has overproduced on the immediately preceeding balancing date, and did not balance the overproduction in the interim, shall be shut in until the production is made up, unless an exception is granted.

(2) The operator of a well that would be required to be shut in may request an exception. If after notice and a hearing, the board finds that the well would be damaged or the lease jeopardized if the well were required to be shut in, the board my [may] order the overproduction to be made up by a fractionally decreased monthly production allocation imposed equally over the next six (6) months.

(f) For the purpose of computing and balancing overproduction and underproduction in a gas field, the periods October 15th to March 15th and March 16th to October 14th, shall be considered to be the periods of six (6) months duration and shall be known as "balancing periods."

Rule No.44 Gas Production Schedules

The board shall publish schedules showing the monthly gas production allocation for each well, separate lease or pooled unit. The schedule shall identify the well, separate lease or pooled unit status (volume by which overproduced or underproduced) and production allocation.

Rule No.45 Miscellaneous Rules for Gas Wells

(a) Rules of the board concerning gas production allocation shall not apply to withdrawals of gas from storage reservoirs.

(b) Gas from a non-associated gas reservoir shall not be utilized for the production of carbon black without special written permission from the board.

(c) Operators of wells in reservoirs capable of producing carbon dioxide, nitrogen, hydrogen, sulphide, or other gases shall obtain special approval of operating practices from the board.

Rule No.46 Multiple Completion of Wells

(a) No well shall be completed to produce from more than one reservoir except with the permission of the board. Application for a permit to complete a well in two or more reservoirs not in communication shall include the following:
(1) Electrical log or another well log with the top and bottom of each producing zone and perforated intervals clearly marked;

(2) Packer setting or cementing affidavit;

(3) Diagrammatic sketch of the multiple completion installation;

(4) Reservoir communication test;

(5) An accurate plat of the property on which the well is located and surrounding properties.

(b) Multiple completions approved by the board shall be so equipped, operated, and produced so as to prevent commingling of production from separate reservoirs. Every operator shall be required to demonstrate that the separation of production is maintained at all times.

Rule No.47 Suspension of Operations, Abandonment

(a) If any oil or gas well capable of producing in commercial quantities is shut in, or if operations on an oil and gas well not capable of producing in commercial quantities are suspended, and the period of shut-in or suspension exceeds twelve months, the owner or operator shall file a notice of suspension of operations with the board within fifteen (15) days after the expiration of the twelve-month period. The owner or operator shall immediately notify the board in writing of the resumption of production or operations.

(b) If a person fails to produce and sell, or to produce for his own purposes, oil or gas from a completed well for a period of more than twenty-four (24) months, it shall be presumed to be permanently abandoned, except as provided by 29 V.S.A. § 544(d)(1)-(4).

(c) Upon a showing of due diligence, an owner or operator may apply to the board for a temporary waiver of the presumptions of section (b) above. The application shall be in writing and shall include an explanation of the circumstances necessitating the shut-in or suspension of operations and an estimate of the time when production or operations will commence or resume. The board may grant a temporary waiver for a reasonable time not to exceed one year.

(d) Within sixty (60) days after the expiration of the period of lawful abandonment, the owner or operator shall plug and abandon the well.

Rule No.48 Reports of Oil and Gas Operations

The owner or operator of an oil and gas well shall annually file with the board a Producer's Report of Oil Production and/or Producer's Report of Gas Production, on a form to be provided by the board. Filing of the required reports shall be no later than January 31st of the succeeding calendar year. All reports shall be held confidential.

Rule No.49 Reserved

Rule No.50 Organizational Reports

(a) Every person engaged as a principal or agent in the drilling for, production, storage, transportation, refining or processing of oil or gas produced within the state, shall file an organizational report with the Secretary of State and shall provide a copy of the report to the board.

(b) The provisions of this rule shall apply to persons engaged in the business of well plugging and salvage of oilfield subsurface equipment.

Rule No.51 Enhanced Recovery Operations

(a) Permit Required. No person shall inject any fluid, gas or other substance into a reservoir for the purpose of secondary recovery or pressure maintenance without a permit issued by the board.

(b) Application for Permit. An application for a permit shall include:
(1) a description of the proposed operations including substance to be injected, its source, approximate amounts to be injected, and the scope of the project;

(2) a description of the formation to be affected, including name and depth;

(3) identification of leases, pooled leases, offsetting leases, or unit covering the proposed project area and their operators;

(4) a plat prepared by a competent professional engineer showing the entire reservoir involved, including the location of all proposed and existing wells, regardless of whether producing, abandoned or dry, their surface elevations, and zone of completion if productive;

(5) a statement of the current gas-oil ratio, oil and water production tests for each producing well;

(6) a copy of the log for any well to be used for injection or equivalent information;

(7) a description of the casing program for the proposed injection well or wells;

(8) copies of permits issued by the Water Resources Department, Act 250 permits or other applicable permits.

(9) If the proposed project will involve the unit operation of all or part of a reservoir which has been or is proposed to be established by the board, the application shall also include:
(A) the rate of production of oil and gas from the project;

(B) evidence that at least seventy-five percent (75%) of the owners have approved the proposed plan;

(C) the estimated additional cost of the proposed project and the value of the estimated additional recovery of oil and gas.

(c) Records and Reports
(1) The operator of an enhanced recovery or pressure maintenance project shall keep complete and accurate records showing the volumes of substances injected or produced and the injection pressures utilized. This information shall be submitted annually to the board no later than February 15th of each succeeding calendar year.

(2) Information submitted pursuant to this rule may be marked "confidential" and shall be so maintained by the board for two years, except that statistical bulletins based upon reports filed under this section may be published in consolidated form so as not to disclose information pertaining to any one operator.

(3) Upon the written request of an operator, and for good cause shown, the period of confidentiality may be extended for a period of one year.

(d) Issuance of a permit under this section shall be only upon consideration by the board of the criteria enumerated in 29 V.S.A. § 502(b).

(e) If a permit for enhanced recovery or pressure maintenance is granted by the board, the operator shall notify the board in writing within fifteen (15) days of the actual commencement of operations or permanent cessation of operations.

Rule No.52 Disposal of Salt Water and Other Waste Fluids

(a) Salt water and other waste fluids produced by an oil and gas well shall be collected, stored, and disposed of in a manner which will not cause contamination or pollution of soil, surface waters, or ground water.

(b) An operator shall obtain any permits for such disposal as may be required from the Agency of Environmental Conservation pursuant to 10 V.S.A. Chapter 47.

Rule No.53 Waiver of Rules

The board may waive application of any of the above rules, provided that such waiver is reasonable and does not violate a provision of 29 V.S.A., Chapter 14.

Statutory Authority: 29 V.S.A. C. 14

Disclaimer: These regulations may not be the most recent version. Vermont may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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