Section 1501:9-11-02 - Permit to plug or plug back(A) Except as provided in rule 1501:9-11-05 of the Administrative Code, a person may plug or plug back a well only pursuant to the three following options:(1) A valid permit to plug issued under section 1509.13 of the Revised Code or a valid permit to plug back issued under section 1509.06 of the Revised Code;(2) Division (C) of section 1509.13 of the Revised Code; or(3) Plugging operations that are otherwise authorized by the chief in writing. The chief may authorize a person in writing to commence plugging or plug back operations without a permit if necessary to protect public health, safety, or the environment, however the person will apply for a permit to plug or plug back within five business days after receiving the chief's written authorization.(B) Except as otherwise authorized in paragraph (A)(3) of this rule, a person may commence well plugging operations only if a copy of the permit to plug or the permit to plug back, all terms and conditions of the permit, and the approved plugging plan are maintained at the well site at all times plugging operations are taking place.(C) With each application for a permit to plug a well, in addition to the information set forth in division (B) of section 1509.13 of the Revised Code, the person needs to include an affidavit attesting that the person will attempt to notify, by certified mail, regarding the person's intention to plug the well and of the issuance date and expiration date of the permit all of the following persons:(1) The owner of the land upon which the wellhead is located;(2) Any person that receives gas from the well pursuant to an agreement with the well owner; and(3) The owner or lessee of any active mine that has excavations and workings as defined in section 1561.01 of the Revised Code within one hundred linear feet of any section of the well. (D) A person may only file an application for a permit to plug or a permit to plug back a well on a form approved by the chief. In addition to the application information prescribed in division (B) of section 1509.13 of the Revised Code, an application is not complete and will not be reviewed by the chief unless the application contains all of the following: name, title, twenty-four hour phone number, and electronic mail address of the person's emergency coordinator for the plugging operation and the name of the person's authorized representatives on location during plugging operations. If any of the information changes prior to plugging, an update detatiling the changes is to be provided at the time of the twenty-four hour notification that is prescribed pursuant to paragraph (B) of rule 1501:9-11-04 of the Administrative Code.(E) Plugging plan provisions. (1) With each application for a permit to plug a well, a person will include a written plugging plan as defined in rule 1501:9-11-01 of the Administrative Code on a form prescribed and provided by the chief.(2) In addition to the information set forth in paragraph (E)(1) of this rule and if the well was drilled to produce oil and gas or is associated with underground gas storage, the person also shall provide the following information: (a) The pressure measured on the production casing and tubing;(b) The pressure measured on the annular spaces outside the production casing; and(c) Whether the production or annular gas contains hydrogen sulfide.(3) With each application for a permit to plug back a well submitted under section 1509.06 of the Revised Code, a person will include a written plugging plan on a form prescribed and provided by the chief. The chief may waive some or all of the provisions of this rule.(4) When no well construction records are available for a well and to assist the division in evaluating and approving a written plugging plan that complies with this rule, a person will do at least one of the following:(a) Log the well in a manner of the person's choosing that allows the division to evaluate the plugging plan; or(b) Provide casing data on the well and depth to the base and top of each reservoir rock based on records for off-set wellbores adjusted for surface elevation or other reliable sources of formation depth information. Sources of formation depth information may include core records or published structural contour maps.(5) If production or annular gas contains hydrogen sulfide, the plan must address hydrogen sulfide control and monitoring.(F) The division will issue the permit subject to the approved written plugging plan and in compliance with this rule. The division may issue a permit to plug or a permit to plug back a well subject to terms and conditions.(G) The division will provide electronic notice to all underground mine owners and to the division of mineral resources management by posting applications for a permit to plug a well or to plug back a well that have been filed with the division and permits to plug or plug back that have been issued by the division on the division's website.(H) A permit to plug or a permit to plug back issued pursuant to sections 1509.06 and 1509.13 of the Revised Code is not transferable. A permit to plug or a permit to plug back may be reissued as a new permit to a successor person.Ohio Admin. Code 1501:9-11-02
Effective: 6/30/2024
Five Year Review (FYR) Dates: 8/10/2025
Promulgated Under: 119.03
Statutory Authority: 1509.03, 1509.15, 1509.23
Rule Amplifies: 1509.01, 1509.02, 1509.021, 1509.022, 1509.03, 1509.04, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07, 1509.072, 1509.074, 1509.08, 1509.09, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.16, 1509.17, 1509.18, 1509.181, 1509.19, 1509.20, 1509.22, 1509.23, 1509.24, 1509.25, 1509.28, 1509.32
Prior Effective Dates: 07/16/1982, 08/09/1993, 04/15/2004, 08/10/2020