(A) TheOn and after the effective date of this amendment, | 10 |
the surface location of a new well or a tank battery of a well | 11 |
shall not be within onethree hundred fifty feet of an occupied | 12 |
dwelling
that is located in an urbanized area unless the owner of | 13 |
the land on which the occupied dwelling is located consents in | 14 |
writing to the surface location of the well or tank battery of a | 15 |
well less than onethree hundred fifty feet from the occupied | 16 |
dwelling and the chief of the division of oil and gas resources | 17 |
management approves the written consent of that owner. However, | 18 |
the chief shall not approve the written consent of such an owner | 19 |
when the surface location of a new well or a tank battery of a | 20 |
well will be within one hundred feet of an occupied dwelling that | 21 |
is located in an urbanized area. | 22 |
(B) The surface location of a new well shall not be within | 23 |
one hundred fifty feet from the property line of a parcel of land | 24 |
that is not in the drilling unit of the well if the parcel of land | 25 |
is located in an urbanized area and directional drilling will be | 26 |
used to drill the new well unless the owner of the parcel of land | 27 |
consents in writing to the surface location of the well less than | 28 |
one hundred fifty feet from the property line of the parcel of | 29 |
land and the chief approves the written consent of that owner. | 30 |
However, the chief shall not approve the written consent of such | 31 |
an owner when the surface location of a new well will be less than | 32 |
one hundred feet from the property line of the owner's parcel of | 33 |
land that is not in the drilling unit of the well if the parcel of | 34 |
land is located in an urbanized area and directional drilling will | 35 |
be used. | 36 |
(C) The surface location of a new well shall not be within | 37 |
two hundred feet of an occupied dwelling that is located in an | 38 |
urbanized area and that is located on land that has become part of | 39 |
the drilling unit of the well pursuant to a mandatory pooling | 40 |
order issued under section 1509.27 of the Revised Code unless the | 41 |
owner of the land on which the occupied dwelling is located | 42 |
consents in writing to the surface location of the well at a | 43 |
distance that is less than two hundred feet from the occupied | 44 |
dwelling. However, if the owner of the land on which the occupied | 45 |
dwelling is located provides such written consent, the surface | 46 |
location of the well shall not be within one hundred feet of the | 47 |
occupied dwelling.
| 48 |
If an applicant cannot identify an owner of land or if an | 49 |
owner of land is not responsive to attempts by the applicant to | 50 |
contact the owner, the applicant may submit an affidavit to the | 51 |
chief attesting to such an unidentifiable owner or to such | 52 |
unresponsiveness of an owner and attempts by the applicant to | 53 |
contact the owner and include a written request to reduce the | 54 |
distance of the location of the well from the occupied dwelling to | 55 |
less than two hundred feet. If the chief receives such an | 56 |
affidavit and written request, the chief shall reduce the distance | 57 |
of the location of the well from the occupied dwelling to a | 58 |
distance of not less than one hundred feet.
| 59 |
(D)(C) Except as otherwise provided in division (L)(J) of | 60 |
this section, the surface location of a new well shall not be | 61 |
within one hundred fifty feet of the property line of a parcel of | 62 |
land that is located in an urbanized area and that has become part | 63 |
of the drilling unit of the well pursuant to a mandatory pooling | 64 |
order issued under section 1509.27 of the Revised Code unless the | 65 |
owner of the land consents in writing to the surface location of | 66 |
the well at a distance that is less than one hundred fifty feet | 67 |
from the owner's property line. However, if the owner of the land | 68 |
provides such written consent, the surface location of the well | 69 |
shall not be within seventy-five feet of the property line of the | 70 |
owner's parcel of land. | 71 |
If an applicant cannot identify an owner of land or if an | 72 |
owner of land is not responsive to attempts by the applicant to | 73 |
contact the owner, the applicant may submit an affidavit to the | 74 |
chief attesting to such an unidentifiable owner or to such | 75 |
unresponsiveness of an owner and attempts by the applicant to | 76 |
contact the owner and include a written request to reduce the | 77 |
distance of the location of the well from the property line of the | 78 |
owner's parcel of land to less than one hundred fifty feet. If the | 79 |
chief receives such an affidavit and written request, the chief | 80 |
shall reduce the distance of the location of the well from the | 81 |
property line to a distance of not less than seventy-five feet. | 82 |
(E) The surface location of a new tank battery of a well | 83 |
shall not be within one hundred fifty feet of an occupied dwelling | 84 |
that is located in an urbanized area and that is located on land | 85 |
that has become part of the drilling unit of the well pursuant to | 86 |
a mandatory pooling order issued under section 1509.27 of the | 87 |
Revised Code unless the owner of the land on which the occupied | 88 |
dwelling is located consents in writing to the location of the | 89 |
tank battery at a distance that is less than one hundred fifty | 90 |
feet from the occupied dwelling. However, if the owner of the land | 91 |
on which the occupied dwelling is located provides such written | 92 |
consent, the location of the tank battery shall not be within one | 93 |
hundred feet of the occupied dwelling. | 94 |
If an applicant cannot identify an owner of land or if an | 95 |
owner of land is not responsive to attempts by the applicant to | 96 |
contact the owner, the applicant may submit an affidavit to the | 97 |
chief attesting to such an unidentifiable owner or to such | 98 |
unresponsiveness of an owner and attempts by the applicant to | 99 |
contact the owner and include a written request to reduce the | 100 |
distance of the location of the tank battery from the occupied | 101 |
dwelling to less than one hundred fifty feet. If the chief | 102 |
receives such an affidavit and written request, the chief shall | 103 |
reduce the distance of the location of the tank battery from the | 104 |
occupied dwelling to a distance of not less than one hundred feet. | 105 |
(F)(D) Except as otherwise provided in division (L)(J) of | 106 |
this section, the location of a new tank battery of a well shall | 107 |
not be within seventy-five feet of the property line of a parcel | 108 |
of land that is located in an urbanized area and that has become | 109 |
part of the drilling unit of the well pursuant to a mandatory | 110 |
pooling order issued under section 1509.27 of the Revised Code | 111 |
unless the owner of the land consents in writing to the location | 112 |
of the tank battery at a distance that is less than seventy-five | 113 |
feet from the owner's property line. However, if the owner of the | 114 |
land provides such written consent, the location of the tank | 115 |
battery shall not be within the property line of the owner's | 116 |
parcel of land. | 117 |
If an applicant cannot identify an owner of land or if an | 118 |
owner of land is not responsive to attempts by the applicant to | 119 |
contact the owner, the applicant may submit an affidavit to the | 120 |
chief attesting to such an unidentifiable owner or to such | 121 |
unresponsiveness of an owner and attempts by the applicant to | 122 |
contact the owner and include a written request to reduce the | 123 |
distance of the location of the tank battery from the property | 124 |
line of the owner's parcel of land to less than seventy-five feet. | 125 |
If the chief receives such an affidavit and written request, the | 126 |
chief shall reduce the distance of the location of the tank | 127 |
battery from the property line, provided that the tank battery | 128 |
shall not be within the property line of the owner's parcel of | 129 |
land. | 130 |
(G)(E) On and after the effective date of this amendment, the | 131 |
location of a new tank battery, separator, and other associated | 132 |
equipment of a well shall not be within seventy-five feet of the | 133 |
property line of a parcel of land that is not a part of the | 134 |
drilling unit of the well unless the owner of the land consents in | 135 |
writing to the location of the tank battery, separator, or other | 136 |
associated equipment, as applicable, at a distance that is less | 137 |
than seventy-five feet from the owner's property line. However, if | 138 |
the owner of the land provides such written consent, the location | 139 |
of the tank battery, separator, and other associated equipment | 140 |
shall not be within the property line of the owner's parcel of | 141 |
land. | 142 |
If an applicant cannot identify an owner of land or if an | 143 |
owner of land is not responsive to attempts by the applicant to | 144 |
contact the owner, the applicant may submit an affidavit to the | 145 |
chief attesting to such an unidentifiable owner or to such | 146 |
unresponsiveness of an owner and attempts by the applicant to | 147 |
contact the owner and include a written request to reduce the | 148 |
distance of the location of the tank battery, separator, or other | 149 |
associated equipment, as applicable, from the property line of the | 150 |
owner's parcel of land to less than seventy-five feet. If the | 151 |
chief receives such an affidavit and written request, the chief | 152 |
shall reduce the distance of the location of the tank battery, | 153 |
separator, or other associated equipment, as applicable, from the | 154 |
property line, provided that the tank battery, separator, or other | 155 |
associated equipment shall not be within the property line of the | 156 |
owner's parcel of land. | 157 |
(H)(G) For areas that are not urbanized areas, the surface | 178 |
location of a new well shall not be within one hundred feet of an | 179 |
occupied private dwelling or of a public building that may be used | 180 |
as a place of assembly, education, entertainment, lodging, trade, | 181 |
manufacture, repair, storage, or occupancy by the public. This | 182 |
division does not apply to a building or other structure that is | 183 |
incidental to agricultural use of the land on which the building | 184 |
or other structure is located unless the building or other | 185 |
structure is used as an occupied private dwelling or for retail | 186 |
trade. | 187 |
(I)(H) The surface location of a new well shall not be within | 188 |
one hundred feet of any other well. However, an applicant may | 189 |
submit a written statement to request the chief to authorize a new | 190 |
well to be located at a distance that is less than one hundred | 191 |
feet from another well. If the chief receives such a written | 192 |
statement, the chief may authorize a new well to be located within | 193 |
one hundred feet of another well if the chief determines that the | 194 |
applicant satisfactorily has demonstrated that the location of the | 195 |
new well at a distance that is less than one hundred feet from | 196 |
another well is necessary to reduce impacts to the owner of the | 197 |
land on which the well is to be located or to the surface of the | 198 |
land on which the well is to be located. | 199 |
(L)(J) The location of a new well or a new tank battery of a | 205 |
well shall not be within fifty feet of a stream, river, | 206 |
watercourse, water well, pond, lake, or other body of water. | 207 |
However, the chief may authorize a new well or a new tank battery | 208 |
of a well to be located at a distance that is less than fifty feet | 209 |
from a stream, river, watercourse, water well, pond, lake, or | 210 |
other body of water if the chief determines that the reduction in | 211 |
the distance is necessary to reduce impacts to the owner of the | 212 |
land on which the well or tank battery of a well is to be located | 213 |
or to protect public safety or the environment. | 214 |
(M)(K) The surface location of a new well or a new tank | 215 |
battery of a well shall not be within fifty feet of a railroad | 216 |
track or of the traveled portion of a public street, road, or | 217 |
highway. This division applies regardless of whether the public | 218 |
street, road, or highway has become part of the drilling unit of | 219 |
the well pursuant to a mandatory pooling order issued under | 220 |
section 1509.27 of the Revised Code. | 221 |