Rule 1501:9-4-07 | Closure and reclamation requirements.
(A) Closure of an oil and gas waste facility.
(1) Not later than ten business days prior to closure of an oil and gas waste facility, the permittee shall notify the chief in writing of pending closure of the oil and gas waste facility and the date for closure of the oil and gas waste facility. Notwithstanding the provisions of a permit, the permittee shall suspend all operations on the date specified in the notice of closure and proceed to reclamation as per paragraph (B) of this rule. The person may rescind the closure date upon written notification to the chief.
(2) On or after the effective date of this rule, a person operating an oil and gas waste facility that has not been issued a permit under this chapter must comply with this rule.
(B) Reclamation of an oil and gas waste facility.
(1) Reclamation review procedure.
(a) Upon receipt of any submittal for a procedure established in figure 5, the chief will review the submittal to determine if the submittal is protective of public health and safety and the environment within the time frames established in figure 5. When the chief identifies items that are necessary to ensure the submittal is protective of public health and safety and the environment, the chief will notify the permittee of the items. The chief may require the resubmission of the entire submittal.
(b) When the permittee has not submitted the revised submittal or revised portions of the submittal within the time frames established in figure 5, the chief may commence the bond forfeiture procedure. The chief will review the revised submittal or revised portions of the submittal within the time frames established in figure 5. The chief may approve a longer period of time for any of the revised submittal time frames established in figure 5, upon written request by the permittee.
(c) When the permittee has not submitted documents compliant with this rule within sixty calendar days of issuance of the initial letter of deficiency for each phase, the chief may issue an order denying the submittal and commence the bond forfeiture procedure.
(d) In addition to the requirements established in the rule for which the submittal documents pertain, the chief may require the permittee to submit additional information pertaining to the reclamation of the permitted oil and gas waste facility that the chief determines is necessary for the protection of public health or safety or to prevent damage to the environment or is necessary to ensure compliance with the requirements of this rule.
(e) After completing the review of all submittals, the chief will either accept the submittal or issue an order denying the submittal and commence the bond forfeiture procedure. The chief may notify the permittee in writing which procedures established in this rule are not necessary and need not be completed.
(f) The permittee shall comply with all accepted plans in paragraph (B) of this rule, unless the chief approves an alteration in any plan.
| Action | |||
| Division review and response to submittal | Applicant/permittee resubmittal (upon notification of deficiencies from the chief) | Division review and response to resubmittal | |
| Procedures | Time | ||
| Decommissioning plan | 10 business days | 15 business days | 10 business days |
| Decommissioning report | 15 business days | 15 business days | 15 business days |
| Site assessment plan | 15 business days | 15 business days | 15 business days |
| Site assessment report | 30 calendar days | 15 business days | 15 business days |
| Remedial action plan | 30 calendar days | 15 business days | 15 business days |
| Remedial action report | 30 calendar days | 15 business days | 15 business days |
| Site restoration plan | 15 business days | 15 business days | 15 business days |
(2) Decommissioning phase.
(a) No later than ten business days after the date of closure, the permittee shall submit a decommissioning plan to the chief. The chief will review the decommissioning plan within the time frame established in figure 5 to determine if the decommissioning plan is in accordance with this rule.
(b) No later than fifteen business days after completion of the decommissioning, the permittee shall submit a decommissioning report to the chief. The chief will review the decommissioning report within the time frame established in figure 5 to determine if the decommissioning report is in accordance with this rule.
(3) Site assessment phase.
(a) No later than ten business days after acceptance of the decommissioning report by the chief or with the submittal of the decommissioning plan, the permittee shall submit a site assessment plan to the chief. The chief will review the site assessment plan within the time frame established in figure 5 to determine if the site assessment plan is in accordance with this rule.
(b) No later than thirty calendar days after completion of the site assessment, the permittee shall submit a site assessment report to the chief. The chief will review the site assessment report within the time frame established in figure 5 to determine if the site assessment report is in accordance with this rule.
(4) Remedial action phase.
(a) No later than thirty calendar days after acceptance of the site assessment report by the chief, the permittee shall submit a remedial action plan to the chief. The chief will review the remedial action plan within the time frame established in figure 5 to determine if the remedial action plan is in accordance with this rule.
(b) No later than forty-five calendar days after completion of the remedial actions, the permittee shall submit a remedial action report to the chief. The chief will review the remedial action report within the time frame established in figure 5 to determine if the remedial action report is in accordance with this rule.
(5) Site restoration phase. The site restoration phase shall restore the site to the original condition. The surface owner of the oil and gas waste facility site may agree, in writing, to site restoration conditions different from the original condition. If the modified site restoration conditions are determined by the chief to prevent damage or injury to public health or safety or the environment, the modified site condition will be accepted by the chief.
(a) No later than fifteen business days after acceptance of the remedial action report by the chief, the permittee shall submit a site restoration plan to the chief. The chief will review the site restoration plan within the time frame established in figure 5 to determine if the site restoration plan is in accordance with this rule.
(b) No later than ten business days from the completion of the site restoration, a site restoration inspection may be performed by the chief. The surface owner or surface owner's representative may attend the site restoration inspection.
(c) Upon completion of the site restoration inspection, the chief will identify any items remaining to be completed and will notify the permittee of the deficient items in writing. The permittee shall correct the deficient items prior to the release of the financial assurance. If the permittee does not correct the deficient items to the chief's satisfaction, the chief may commence the financial assurance forfeiture procedure.
(d) If the chief determines that the permittee has completed the site restoration in accordance with the approved site restoration plan, the chief will declare in writing, no further action, and commence financial assurance release.
Last updated February 7, 2022 at 8:04 PM
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