Sec. 1509.06. (A) An application for a permit to drill a new | 14 |
well, drill an existing well deeper, reopen a well, convert a well | 15 |
to any use other than its original purpose, or plug back a well to | 16 |
a different source of supply, including associated production | 17 |
operations, shall be filed with the chief of the division of oil | 18 |
and gas resources management upon such form as the chief | 19 |
prescribes and shall contain each of the following that is | 20 |
applicable: | 21 |
(8)(a) An identification, to the best of the owner's | 40 |
knowledge, of each proposed source of ground water and surface | 41 |
water that will be used in the production operations of the well. | 42 |
The identification of each proposed source of water shall indicate | 43 |
if the water will be withdrawn from the Lake Erie watershed or the | 44 |
Ohio river watershed. In addition, the owner shall provide, to the | 45 |
best of the owner's knowledge, the proposed estimated rate and | 46 |
volume of the water withdrawal for the production operations. If | 47 |
recycled water will be used in the production operations, the | 48 |
owner shall provide the estimated volume of recycled water to be | 49 |
used. The owner shall submit to the chief an update of any of the | 50 |
information that is required by division (A)(8)(a) of this section | 51 |
if any of that information changes before the chief issues a | 52 |
permit for the application. | 53 |
(b) Except as provided in division (A)(8)(c) of this section, | 54 |
for an application for a permit to drill a new well within an | 55 |
urbanized area, the results of sampling of water wells within | 56 |
three hundred feet of the proposed well prior to commencement of | 57 |
drilling. In addition, the owner shall include a list that | 58 |
identifies the location of each water well where the owner of the | 59 |
property on which the water well is located denied the owner | 60 |
access to sample the water well. The sampling shall be conducted | 61 |
in accordance with the guidelines established in "Best Management | 62 |
Practices For Pre-drilling Water Sampling" in effect at the time | 63 |
that the application is submitted. The division shall furnish | 64 |
those guidelines upon request and shall make them available on the | 65 |
division's web site. If the chief determines that conditions at | 66 |
the proposed well site warrant a revision, the chief may revise | 67 |
the distance established in this division for purposes of | 68 |
pre-drilling water sampling. | 69 |
(c) For an application for a permit to drill a new horizontal | 70 |
well, the results of sampling of water wells within one thousand | 71 |
five hundred feet of the proposed horizontal wellhead prior to | 72 |
commencement of drilling. In addition, the owner shall include a | 73 |
list that identifies the location of each water well where the | 74 |
owner of the property on which the water well is located denied | 75 |
the owner access to sample the water well. The sampling shall be | 76 |
conducted in accordance with the guidelines established in "Best | 77 |
Management Practices For Pre-drilling Water Sampling" in effect at | 78 |
the time that the application is submitted. The division shall | 79 |
furnish those guidelines upon request and shall make them | 80 |
available on the division's web site. If the chief determines that | 81 |
conditions at the proposed well site warrant a revision, the chief | 82 |
may revise the distance established in this division for purposes | 83 |
of pre-drilling water sampling. | 84 |
(9) For an application for a permit to drill a new well | 85 |
within an urbanized area, a sworn statement that the applicant has | 86 |
provided notice by regular mail of the application to the owner of | 87 |
each parcel of real property that is located within five hundred | 88 |
feet of the surface location of the well and to the executive | 89 |
authority of the municipal corporation or the board of township | 90 |
trustees of the township, as applicable, in which the well is to | 91 |
be located. In addition, the notice shall contain a statement that | 92 |
informs an owner of real property who is required to receive the | 93 |
notice under division (A)(9) of this section that within five days | 94 |
of receipt of the notice, the owner is required to provide notice | 95 |
under section 1509.60 of the Revised Code to each residence in an | 96 |
occupied dwelling that is located on the owner's parcel of real | 97 |
property. The notice shall contain a statement that an application | 98 |
has been filed with the division of oil and gas resources | 99 |
management, identify the name of the applicant and the proposed | 100 |
well location, include the name and address of the division, and | 101 |
contain a statement that comments regarding the application may be | 102 |
sent to the division. The notice may be provided by hand delivery | 103 |
or regular mail. The identity of the owners of parcels of real | 104 |
property shall be determined using the tax records of the | 105 |
municipal corporation or county in which a parcel of real property | 106 |
is located as of the date of the notice. | 107 |
(b) For an application for a permit for a horizontal well, a | 117 |
copy of an agreement concerning maintenance and safe use of the | 118 |
roads, streets, and highways described in division (A)(11)(a) of | 119 |
this section entered into on reasonable terms with the public | 120 |
official that has the legal authority to enter into such | 121 |
maintenance and use agreements for each county, township, and | 122 |
municipal corporation, as applicable, in which any such road, | 123 |
street, or highway is located or an affidavit on a form prescribed | 124 |
by the chief attesting that the owner attempted in good faith to | 125 |
enter into an agreement under division (A)(11)(b) of this section | 126 |
with the applicable public official of each such county, township, | 127 |
or municipal corporation, but that no agreement was executed. | 128 |
(12) For an application for a permit to drill a new | 129 |
horizontal well, the type, volume, and geochemistry of each fluid | 130 |
that is proposed to be used to stimulate the reservoir of the | 131 |
proposed well, the proposed method that will be used for the | 132 |
containment of fluids recovered from the fracturing of the | 133 |
proposed well, and the proposed methods that will be used for the | 134 |
containment of fluids when pulled from the wellbore from swabbing | 135 |
the proposed well. In addition, the application shall include an | 136 |
identification of any chemical that is proposed to be added to | 137 |
each fluid that is proposed to be used to stimulate the reservoir | 138 |
of the proposed well and shall include the chemical's name, the | 139 |
chemical abstracts service number, the chemical family name, the | 140 |
trade name, the vendor, a brief description of the chemical's | 141 |
intended use or function, and the proposed quantity to be used | 142 |
that is reported as a percentage, by weight or volume, of the | 143 |
total fluid. However, the application shall not include | 144 |
information that is designated as a trade secret pursuant to | 145 |
division (I)(1) of section 1509.10 of the Revised Code. | 146 |
Each application shall be accompanied by a map, on a scale | 149 |
not smaller than four hundred feet to the inch, prepared by an | 150 |
Ohio registered surveyor, showing the location of the well and | 151 |
containing such other data as may be prescribed by the chief. If | 152 |
the well is or is to be located within the excavations and | 153 |
workings of a mine, the map also shall include the location of the | 154 |
mine, the name of the mine, and the name of the person operating | 155 |
the mine. | 156 |
(B) The chief shall cause a copy of the weekly circular | 157 |
prepared by the division to be provided to the county engineer of | 158 |
each county that contains active or proposed drilling activity. | 159 |
The weekly circular shall contain, in the manner prescribed by the | 160 |
chief, the names of all applicants for permits, the location of | 161 |
each well or proposed well, the information required by division | 162 |
(A)(11) of this section, and any additional information the chief | 163 |
prescribes. In addition, the chief promptly shall transfer an | 164 |
electronic copy or facsimile, or if those methods are not | 165 |
available to a municipal corporation or township, a copy via | 166 |
regular mail, of a drilling permit application to the clerk of the | 167 |
legislative authority of the municipal corporation or to the clerk | 168 |
of the township in which the well or proposed well is or is to be | 169 |
located if the legislative authority of the municipal corporation | 170 |
or the board of township trustees has asked to receive copies of | 171 |
such applications and the appropriate clerk has provided the chief | 172 |
an accurate, current electronic mailing address or facsimile | 173 |
number, as applicable. | 174 |
(C)(1) Except as provided in division (C)(2) of this section, | 175 |
the chief shall not issue a permit for at least ten days after the | 176 |
date of filing of the application for the permit unless, upon | 177 |
reasonable cause shown, the chief waives that period or a request | 178 |
for expedited review is filed under this section. However, the | 179 |
chief shall issue a permit within twenty-one days of the filing of | 180 |
the application unless the chief denies the application by order. | 181 |
(2) If the location of a well or proposed well will be or is | 182 |
within an urbanized area, the chief shall not issue a permit for | 183 |
at least eighteen days after the date of filing of the application | 184 |
for the permit unless, upon reasonable cause shown, the chief | 185 |
waives that period or the chief at the chief's discretion grants a | 186 |
request for an expedited review. However, the chief shall issue a | 187 |
permit for a well or proposed well within an urbanized area within | 188 |
thirty days of the filing of the application unless the chief | 189 |
denies the application by order. | 190 |
(D) An applicant may file a request with the chief for | 191 |
expedited review of a permit application if the well is not or is | 192 |
not to be located in a gas storage reservoir or reservoir | 193 |
protective area, as "reservoir protective area" is defined in | 194 |
section 1571.01 of the Revised Code. If the well is or is to be | 195 |
located in a coal bearing township, the application shall be | 196 |
accompanied by the affidavit of the landowner prescribed in | 197 |
section 1509.08 of the Revised Code. | 198 |
In addition to a complete application for a permit that meets | 199 |
the requirements of this section and the permit fee prescribed by | 200 |
this section, a request for expedited review shall be accompanied | 201 |
by a separate nonrefundable filing fee of two hundred fifty | 202 |
dollars. Upon the filing of a request for expedited review, the | 203 |
chief shall cause the county engineer of the county in which the | 204 |
well is or is to be located to be notified of the filing of the | 205 |
permit application and the request for expedited review by | 206 |
telephone or other means that in the judgment of the chief will | 207 |
provide timely notice of the application and request. The chief | 208 |
shall issue a permit within seven days of the filing of the | 209 |
request unless the chief denies the application by order. | 210 |
Notwithstanding the provisions of this section governing expedited | 211 |
review of permit applications, the chief may refuse to accept | 212 |
requests for expedited review if, in the chief's judgment, the | 213 |
acceptance of the requests would prevent the issuance, within | 214 |
twenty-one days of their filing, of permits for which applications | 215 |
are pending. | 216 |
(F) The chief shall issue an order denying a permit if the | 220 |
chief finds that there is a substantial risk that the operation | 221 |
will result in violations of this chapter or rules adopted under | 222 |
it that will present an imminent danger to public health or safety | 223 |
or damage to the environment, provided that where the chief finds | 224 |
that terms or conditions to the permit can reasonably be expected | 225 |
to prevent such violations, the chief shall issue the permit | 226 |
subject to those terms or conditions, including, if applicable, | 227 |
terms and conditions regarding subjects identified in rules | 228 |
adopted under section 1509.03 of the Revised Code. The issuance of | 229 |
a permit shall not be considered an order of the chief. | 230 |
(H)(1) Prior to the commencement of well pad construction and | 257 |
prior to the issuance of a permit to drill a proposed horizontal | 258 |
well or a proposed well that is to be located in an urbanized | 259 |
area, the division shall conduct a site review to identify and | 260 |
evaluate any site-specific terms and conditions that may be | 261 |
attached to the permit. At the site review, a representative of | 262 |
the division shall consider fencing, screening, and landscaping | 263 |
requirements, if any, for similar structures in the community in | 264 |
which the well is proposed to be located. The terms and conditions | 265 |
that are attached to the permit shall include the establishment of | 266 |
fencing, screening, and landscaping requirements for the surface | 267 |
facilities of the proposed well, including a tank battery of the | 268 |
well. | 269 |
(K) In addition to a complete application to drill a new | 285 |
horizontal well, an applicant also shall submit to the chief the | 286 |
specific chemical identity or chemical name or other specific | 287 |
information pertaining to each chemical, as applicable, for which | 288 |
the chief has issued an order under division (I)(1) of section | 289 |
1509.10 of the Revised Code approving a request for trade secret | 290 |
designation and that is proposed to be added to each fluid that is | 291 |
proposed to be used to stimulate the reservoir of the proposed | 292 |
well. The applicant shall include the chemical's name, the | 293 |
chemical abstracts service number, the chemical family name, the | 294 |
trade name, the vendor, a brief description of the chemical's | 295 |
intended use or function, and the proposed quantity to be used | 296 |
that is reported as a percentage, by weight or volume, of the | 297 |
total fluid. The chief shall maintain a database consisting of the | 298 |
information received pursuant to this division and shall disclose | 299 |
the information in the database only for the purposes specified in | 300 |
division (H) of section 1509.10 of the Revised Code. The chief may | 301 |
adopt rules in accordance with Chapter 119. of the Revised Code | 302 |
that are necessary for the administration of this division. | 303 |
Sec. 1509.091. If a chemical or a fluid containing a chemical | 310 |
is brought to a well site, the owner of the well immediately shall | 311 |
submit to the chief of the division of oil and gas resources | 312 |
management a list that identifies each chemical or each chemical | 313 |
in the fluid, as applicable, and that includes information that is | 314 |
designated as a trade secret pursuant to division (I)(1) of | 315 |
section 1509.10 of the Revised Code, and that identifies the well. | 316 |
The chief shall maintain a database consisting of the information | 317 |
received pursuant to this section and shall disclose the | 318 |
information in the database only for the purposes specified in | 319 |
division (H) of section 1509.10 of the Revised Code. The chief | 320 |
shall adopt rules in accordance with Chapter 119. of the Revised | 321 |
Code that are necessary for the administration of this section and | 322 |
to preserve the confidentiality of trade secrets. | 323 |
Sec. 1509.10. (A) Any person drilling within the state | 324 |
shall, within sixty days after the completion of drilling | 325 |
operations to the proposed total depth or after a determination | 326 |
that a well is a dry or lost hole, file with the division of oil | 327 |
and gas resources management all wireline electric logs and an | 328 |
accurate well completion record on a form that is prescribed by | 329 |
the chief of the division of oil and gas resources management that | 330 |
designates: | 331 |
(2) The character, depth, and thickness of geological units | 333 |
encountered, including coal seams, mineral beds, associated fluids | 334 |
such as fresh water, brine, and crude oil, natural gas, and sour | 335 |
gas, if such seams, beds, fluids, or gases are known; | 336 |
(5) The length in feet of the various sizes of casing and | 341 |
tubing used in drilling the well, the amount removed after | 342 |
completion, the type and setting depth of each packer, all other | 343 |
data relating to cementing in the annular space behind such casing | 344 |
or tubing, and data indicating completion as a dry, gas, oil, | 345 |
combination oil and gas, brine injection, or artificial brine well | 346 |
or a stratigraphic test; | 347 |
(9)(a) If applicable, the trade name and the total amount of | 357 |
all products, fluids, and substances, and the supplier of each | 358 |
product, fluid, or substance, not including cement and its | 359 |
constituents and lost circulation materials, intentionally added | 360 |
to facilitate the drilling of any portion of the well until the | 361 |
surface casing is set and properly sealed. The owner shall | 362 |
identify each additive used and provide a brief description of the | 363 |
purpose for which the additive is used. In addition, the owner | 364 |
shall include a list of all chemicals, not including any | 365 |
information that is designated as a trade secret pursuant to | 366 |
division (I)(1) of this section, intentionally added to all | 367 |
products, fluids, or substances and include each chemical's | 368 |
corresponding chemical abstracts service number and the maximum | 369 |
concentration of each chemical. The owner shall obtain the | 370 |
chemical information, not including any information that is | 371 |
designated as a trade secret pursuant to division (I)(1) of this | 372 |
section, from the company that drilled the well, provided service | 373 |
at the well, or supplied the chemicals. If the company that | 374 |
drilled the well, provided service at the well, or supplied the | 375 |
chemicals provides incomplete or inaccurate chemical information, | 376 |
the owner shall make reasonable efforts to obtain the required | 377 |
information from the company or supplier. | 378 |
(10)(a) If applicable, the type and volume of fluid, not | 383 |
including cement and its constituents or information that is | 384 |
designated as a trade secret pursuant to division (I)(1) of this | 385 |
section, used to stimulate the reservoir of the well, the | 386 |
reservoir breakdown pressure, the method used for the containment | 387 |
of fluids recovered from the fracturing of the well, the methods | 388 |
used for the containment of fluids when pulled from the wellbore | 389 |
from swabbing the well, the average pumping rate of the well, and | 390 |
the name of the person that performed the well stimulation. In | 391 |
addition, the owner shall include a copy of the log from the | 392 |
stimulation of the well, a copy of the invoice for each of the | 393 |
procedures and methods described in division (A)(10) of this | 394 |
section that were used on a well, and a copy of the pumping | 395 |
pressure and rate graphs. However, the owner may redact from the | 396 |
copy of each invoice that is required to be included under | 397 |
division (A)(10) of this section the costs of and charges for the | 398 |
procedures and methods described in division (A)(10) of this | 399 |
section that were used on a well. | 400 |
(b) If applicable, the trade name and the total volume of all | 401 |
products, fluids, and substances, and the supplier of each | 402 |
product, fluid, or substance used to stimulate the well. The owner | 403 |
shall identify each additive used, provide a brief description of | 404 |
the purpose for which the additive is used, and include the | 405 |
maximum concentration of the additive used. In addition, the owner | 406 |
shall include a list of all chemicals, not including any | 407 |
information that is designated as a trade secret pursuant to | 408 |
division (I)(1) of this section, intentionally added to all | 409 |
products, fluids, or substances, include the name of each vendor | 410 |
of each chemical, and include each chemical's corresponding | 411 |
chemical abstracts service number, the chemical family name, the | 412 |
trade name, a brief description of each chemical's intended use or | 413 |
function, and the maximum concentration of each chemical reported | 414 |
as a percentage. The owner shall obtain the chemical information, | 415 |
not including any information that is designated as a trade secret | 416 |
pursuant to division (I)(1) of this section, from the company that | 417 |
stimulated the well or supplied the chemicals. If the company that | 418 |
stimulated the well or supplied the chemicals provides incomplete | 419 |
or inaccurate chemical information, the owner shall make | 420 |
reasonable efforts to obtain the required information from the | 421 |
company or supplier. | 422 |
(B)(1) Not later than sixty days after the completion of the | 434 |
drilling operations to the proposed total depth, the owner shall | 435 |
file all wireline electric logs with the division of oil and gas | 436 |
resources management and the chief shall transmit such logs | 437 |
electronically, if available, to the division of geological | 438 |
survey. Such logs may be retained by the owner for a period of not | 439 |
more than six months, or such additional time as may be granted by | 440 |
the chief in writing, after the completion of the well | 441 |
substantially to the depth shown in the application required by | 442 |
section 1509.06 of the Revised Code. | 443 |
(3) After a well is initially completed and stimulated and | 450 |
until the well is plugged, the owner shall report, on a form | 451 |
prescribed by the chief, all materials placed into the formation | 452 |
to refracture, restimulate, or newly complete the well. The owner | 453 |
shall submit the information within sixty days after completing | 454 |
the refracturing, restimulation, or new completion. In addition, | 455 |
the owner shall report the information required in divisions | 456 |
(A)(10)(a) to (c) of this section, as applicable, in a manner | 457 |
consistent with the requirements established in this section. | 458 |
(G) The chief shall post on the division's web site each | 484 |
material safety data sheet obtained under division (E) of this | 485 |
section. In addition, the chief shall make available through the | 486 |
division's web site the chemical information that is required by | 487 |
divisions (A)(9) and (10) and (B)(3) of this section. If the chief | 488 |
issues an order pursuant to division (I)(1) of this section | 489 |
denying a request for trade secret designation and if the owner or | 490 |
person requesting the trade secret designation does not appeal the | 491 |
chief's order or if a court determines that the chemical identity, | 492 |
the chemical name, or other specific information pertaining to the | 493 |
chemical is not entitled to trade secret protection, the chief | 494 |
shall make available through the division's web site the chemical | 495 |
information. | 496 |
(H)(1) If a medical professional, in order to assist in the | 497 |
diagnosis or treatment of an individual who wasmay have been | 498 |
affected by an incident associated with the production operations | 499 |
of a well construction, drilling, stimulation, completion, | 500 |
production, or other production operations at a well or by | 501 |
chemical transportation accidents related to the production | 502 |
operations of a well, requests the exact chemical composition of | 503 |
each product, fluid, or substance and of each chemical component | 504 |
in a product, fluid, or substanceidentity or chemical name or | 505 |
other specific information pertaining to a chemical that is | 506 |
designated as a trade secret pursuant to division (I) of this | 507 |
section, the person claiming the trade secret protection pursuant | 508 |
to that divisionchief shall provide to the medical professional, | 509 |
as expeditiously as possible, the exact chemical composition of | 510 |
the product, fluid, or substance and of the chemical component in | 511 |
a product, fluid, or substanceidentity or chemical name or other | 512 |
specified information pertaining to the chemical that is | 513 |
requested. | 514 |
(2) A medical professional who receives information pursuant | 515 |
to division (H)(1) of this section shall keep the information | 516 |
confidential and shall not disclose the information for any | 517 |
purpose that is not related to the diagnosis or treatment of an | 518 |
individual who was affected by an incident associated with the | 519 |
production operations of a well. Nothing in division (H)(2) of | 520 |
this section precludes a medical professional from making any | 521 |
report required by law or professional ethical standards. | 522 |
(I)(1) The owner of a well who is required to submit a well | 523 |
completion record under division (A) of this section or a report | 524 |
under division (B)(3) of this section or a person that provides | 525 |
information to the owner as described in and for purposes of | 526 |
division (A)(9) or (10) or (B)(3) of this section may designate | 527 |
without disclosingrequest on a form prescribed by the chief and | 528 |
withhold from disclosure to the chief the identity, amount, | 529 |
concentration, or purpose of a product, fluid, or substance or of | 530 |
a chemical component in a product, fluid, or substance as a trade | 531 |
secret. Thethat the specific chemical identity, including the | 532 |
chemical name and other specific information pertaining to the | 533 |
chemical, be designated as a trade secret and withheld from | 534 |
disclosure. The owner or person shall demonstrate on the form that | 535 |
the information sought to be designated as a trade secret is a | 536 |
trade secret as defined in section 1333.61 of the Revised Code. | 537 |
After receipt and review of a form requesting trade secret | 538 |
designation, the chief may request the owner or person to provide | 539 |
additional information concerning the request. Not later than | 540 |
sixty days after receipt of a form requesting trade secret | 541 |
designation, the chief shall issue an order either approving or | 542 |
denying the request for trade secret designation. The chief shall | 543 |
send a copy of the order to the owner or person. The owner or | 544 |
person may appeal the chief's order denying the request for trade | 545 |
secret designation pursuant to section 1509.36 of the Revised | 546 |
Code. The chief may adopt rules in accordance with Chapter 119. of | 547 |
the Revised Code that are necessary and appropriate to administer | 548 |
this division or to preserve the confidentiality of trade secrets. | 549 |
(2) The owner or person may pursue enforcement of any rights | 550 |
or remedies established in sections 1333.61 to 1333.69 of the | 551 |
Revised Code for misappropriation, as defined in section 1333.61 | 552 |
of the Revised Code, with respect to the chemical identity, | 553 |
amount, concentration, or purpose of a product, fluid, or | 554 |
substance or a chemical component in a product, fluid, or | 555 |
substanceor chemical name or other specific information | 556 |
pertaining to the chemical designated as a trade secret pursuant | 557 |
to division (I)(1) of this section. The division shall not | 558 |
disclose information regarding the chemical identity, amount, | 559 |
concentration, or purpose of any product, fluid, or substance or | 560 |
of any chemical component in a product, fluid, or substanceor | 561 |
chemical name or other specific information pertaining to the | 562 |
chemical designated as a trade secret pursuant to division (I)(1) | 563 |
of this section. | 564 |
(2)(3) A property owner, an adjacent property owner, or any | 565 |
person or agency of this state having an interest that is or may | 566 |
be adversely affected by a product, fluid, or substance or by a | 567 |
chemical component in a product, fluid, or substance may commence | 568 |
a civil action in the court of common pleas of Franklin county | 569 |
against an owner or person described in division (I)(1) of this | 570 |
section challenging the owner's or person's claim to entitlement | 571 |
to trade secret protection for the specific chemical identity, | 572 |
amount, concentration, or purpose of a product, fluid, or | 573 |
substance or of a chemical component in a product, fluid, or | 574 |
substanceor chemical name or other specific information | 575 |
pertaining to the chemical pursuant to division (I)(1) of this | 576 |
section. A person who commences a civil action pursuant to | 577 |
division (I)(2)(3) of this section shall provide notice to the | 578 |
chief in a manner prescribed by the chief. In the civil action, | 579 |
the court shall conduct an in camera review of information | 580 |
submitted by an owner or person described in division (I)(1) of | 581 |
this section to determine if the chemical identity, amount, | 582 |
concentration, or purpose of a product, fluid, or substance or of | 583 |
a chemical component in a product, fluid, or substanceor chemical | 584 |
name or other specific information pertaining to the chemical | 585 |
pursuant to division (I)(1) of this section is entitled to trade | 586 |
secret protection. | 587 |
(2) An owner or person whoto whom the chief has designated | 595 |
issued an order designating the chemical identity, amount, | 596 |
concentration, or purpose of a product, fluid, or substance or of | 597 |
a chemical component in a product, fluid, or substanceor chemical | 598 |
name or other specific information pertaining to a chemical as a | 599 |
trade secret pursuant to division (I)(1) of this section shall | 600 |
maintain the records for such a product, fluid, or substance or | 601 |
for a chemical component in a product, fluid, or substance | 602 |
chemical for a period of not less than two years after the date on | 603 |
which each such product, fluid, or substance or each such chemical | 604 |
component in a product, fluid, or substancechemical was placed in | 605 |
the well. Upon the request of the chief, the owner or person, as | 606 |
applicable, shall disclose the records to the chief if the | 607 |
information is necessary to respond to a spill, release, or | 608 |
investigation. However, the chief shall not disclose the | 609 |
information that is designated as a trade secret. | 610 |
(L) At the same time that a well completion record is | 620 |
submitted in accordance with division (A) of this section and at | 621 |
the same time that a report is submitted under division (B)(3) of | 622 |
this section, the owner separately shall submit to the chief the | 623 |
information that is required in division (A)(9) or (10) or (B)(3) | 624 |
of this section, as applicable. However, the information also | 625 |
shall include the specific chemical identity or chemical name or | 626 |
other specific information pertaining to a chemical, as | 627 |
applicable, for which the chief has issued an order under division | 628 |
(I)(1) of this section approving a request for trade secret | 629 |
designation. The chief shall maintain a database consisting of the | 630 |
information received pursuant to this division and shall disclose | 631 |
the information in the database only for the purposes specified in | 632 |
division (H) of this section. The chief may adopt rules in | 633 |
accordance with Chapter 119. of the Revised Code that are | 634 |
necessary for the administration of this division. | 635 |
Sec. 1509.31. (A) Whenever the entire interest of an oil and | 636 |
gas lease is assigned or otherwise transferred, the assignor or | 637 |
transferor shall notify the holders of the royalty interests, and, | 638 |
if a well or wells exist on the lease, the division of oil and gas | 639 |
resources management, of the name and address of the assignee or | 640 |
transferee by certified mail, return receipt requested, not later | 641 |
than thirty days after the date of the assignment or transfer. | 642 |
When notice of any such assignment or transfer is required to be | 643 |
provided to the division, it shall be provided on a form | 644 |
prescribed and provided by the division and verified by both the | 645 |
assignor or transferor and by the assignee or transferee and shall | 646 |
be accompanied by a nonrefundable fee of one hundred dollars for | 647 |
each well. The notice form applicable to assignments or transfers | 648 |
of a well to the owner of the surface estate of the tract on which | 649 |
the well is located shall contain a statement informing the | 650 |
landowner that the well may require periodic servicing to maintain | 651 |
its productivity; that, upon assignment or transfer of the well to | 652 |
the landowner, the landowner becomes responsible for compliance | 653 |
with the requirements of this chapter and rules adopted under it, | 654 |
including, without limitation, the proper disposal of brine | 655 |
obtained from the well, the plugging of the well when it becomes | 656 |
incapable of producing oil or gas, and the restoration of the well | 657 |
site; and that, upon assignment or transfer of the well to the | 658 |
landowner, the landowner becomes responsible for the costs of | 659 |
compliance with the requirements of this chapter and rules adopted | 660 |
under it and the costs for operating and servicing the well. | 661 |
(B) When the entire interest of a well is proposed to be | 662 |
assigned or otherwise transferred to the landowner for use as an | 663 |
exempt domestic well, the owner who has been issued a permit under | 664 |
this chapter for the well shall submit to the chief of the | 665 |
division of oil and gas resources management an application for | 666 |
the assignment or transfer that contains all documents that the | 667 |
chief requires and a nonrefundable fee of one hundred dollars. The | 668 |
application for such an assignment or transfer shall be prescribed | 669 |
and provided by the chief. The chief may approve the application | 670 |
if the application is accompanied by a release of all of the oil | 671 |
and gas leases that are included in the applicable formation of | 672 |
the drilling unit, the release is in a form such that the well | 673 |
ownership merges with the fee simple interest of the surface | 674 |
tract, and the release is in a form that may be recorded. However, | 675 |
if the owner of the well does not release the oil and gas leases | 676 |
associated with the well that is proposed to be assigned or | 677 |
otherwise transferred or if the fee simple tract that results from | 678 |
the merger of the well ownership with the fee simple interest of | 679 |
the surface tract is less than five acres, the proposed exempt | 680 |
domestic well owner shall post a five thousand dollar bond with | 681 |
the division prior to the assignment or transfer of the well to | 682 |
ensure that the well will be properly plugged. The chief, for good | 683 |
cause, may modify the requirements of this section governing the | 684 |
assignment or transfer of the interests of a well to the | 685 |
landowner. Upon the assignment or transfer of the well, the owner | 686 |
of an exempt domestic well is not subject to the severance tax | 687 |
levied under section 5749.02 of the Revised Code, but is subject | 688 |
to all applicable fees established in this chapter. | 689 |
(C) The owner holding a permit under section 1509.05 of the | 690 |
Revised Code is responsible for all obligations and liabilities | 691 |
imposed by this chapter and any rules, orders, and terms and | 692 |
conditions of a permit adopted or issued under it, and no | 693 |
assignment or transfer by the owner relieves the owner of the | 694 |
obligations and liabilities until and unless the assignee or | 695 |
transferee files with the division the information described in | 696 |
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12)(13) of | 697 |
section 1509.06 of the Revised Code; obtains liability insurance | 698 |
coverage required by section 1509.07 of the Revised Code, except | 699 |
when none is required by that section; and executes and files a | 700 |
surety bond, negotiable certificates of deposit or irrevocable | 701 |
letters of credit, or cash, as described in that section. Instead | 702 |
of a bond, but only upon acceptance by the chief, the assignee or | 703 |
transferee may file proof of financial responsibility, described | 704 |
in section 1509.07 of the Revised Code. Section 1509.071 of the | 705 |
Revised Code applies to the surety bond, cash, and negotiable | 706 |
certificates of deposit and irrevocable letters of credit | 707 |
described in this section. Unless the chief approves a | 708 |
modification, each assignee or transferee shall operate in | 709 |
accordance with the plans and information filed by the permit | 710 |
holder pursuant to section 1509.06 of the Revised Code. | 711 |
(D) If a mortgaged property that is being foreclosed is | 712 |
subject to an oil or gas lease, pipeline agreement, or other | 713 |
instrument related to the production or sale of oil or natural gas | 714 |
and the lease, agreement, or other instrument was recorded | 715 |
subsequent to the mortgage, and if the lease, agreement, or other | 716 |
instrument is not in default, the oil or gas lease, pipeline | 717 |
agreement, or other instrument, as applicable, has priority over | 718 |
all other liens, claims, or encumbrances on the property so that | 719 |
the oil or gas lease, pipeline agreement, or other instrument is | 720 |
not terminated or extinguished upon the foreclosure sale of the | 721 |
mortgaged property. If the owner of the mortgaged property was | 722 |
entitled to oil and gas royalties before the foreclosure sale, the | 723 |
oil or gas royalties shall be paid to the purchaser of the | 724 |
foreclosed property. | 725 |