Ohio § 1509.06
Full text of Ohio Ohio Revised Code § 1509.06, with citation guidance and answers to common questions.
§ 1509.06.
(A) An application for a permit to drill a new well, drill an existing well deeper, reopen
a well, convert a well to any use other than its original purpose, or plug back a
well to a different source of supply, including associated production operations,
shall be filed with the chief of the division of oil and gas resources management
upon such form as the chief prescribes and shall contain each of the following that
is applicable: (1) The name and address of the owner and, if a corporation, the name and address of
the statutory agent; (2) The signature of the owner or the owner's authorized agent. When an authorized agent signs an application, it shall be accompanied by a certified
copy of the appointment as such agent. (3) The names and addresses of all persons holding the royalty interest in the tract
upon which the well is located or is to be drilled or within a proposed drilling unit; (4) The location of the tract or drilling unit on which the well is located or is to
be drilled identified by section or lot number, city, village, township, and county; (5) Designation of the well by name and number; (6)(a) The geological formation to be tested or used and the proposed total depth of the
well; (b) If the well is for the injection of a liquid, identity of the geological formation
to be used as the injection zone and the composition of the liquid to be injected. (7) The type of drilling equipment to be used; (8)(a) An identification, to the best of the owner's knowledge, of each proposed source
of ground water and surface water that will be used in the production operations of
the well. The identification of each proposed source of water shall indicate if the water
will be withdrawn from the Lake Erie watershed or the Ohio river watershed. In addition, the owner shall provide, to the best of the owner's knowledge, the
proposed estimated rate and volume of the water withdrawal for the production operations. If recycled water will be used in the production operations, the owner shall provide
the estimated volume of recycled water to be used. The owner shall submit to the chief an update of any of the information that is
required by division (A)(8)(a) of this section if any of that information changes
before the chief issues a permit for the application. (b) Except as provided in division (A)(8)(c) of this section, for an application for
a permit to drill a new well within an urbanized area, the results of sampling of
water wells within three hundred feet of the proposed well prior to commencement of
drilling. In addition, the owner shall include a list that identifies the location of each
water well where the owner of the property on which the water well is located denied
the owner access to sample the water well. The sampling shall be conducted in accordance with the guidelines established in
“Best Management Practices For Pre-drilling Water Sampling” in effect at the time
that the application is submitted. The division shall furnish those guidelines upon request and shall make them available
on the division's web site. If the chief determines that conditions at the proposed well site warrant a revision,
the chief may revise the distance established in this division for purposes of pre-drilling
water sampling. (c) For an application for a permit to drill a new horizontal well, the results of sampling
of water wells within one thousand five hundred feet of the proposed horizontal wellhead
prior to commencement of drilling. In addition, the owner shall include a list that identifies the location of each
water well where the owner of the property on which the water well is located denied
the owner access to sample the water well. The sampling shall be conducted in accordance with the guidelines established in
“Best Management Practices For Pre-drilling Water Sampling” in effect at the time
that the application is submitted. The division shall furnish those guidelines upon request and shall make them available
on the division's web site. If the chief determines that conditions at the proposed well site warrant a revision,
the chief may revise the distance established in this division for purposes of pre-drilling
water sampling. (9) For an application for a permit to drill a new well within an urbanized area, a sworn
statement that the applicant has provided notice by regular mail of the application
to the owner of each parcel of real property that is located within five hundred feet
of the surface location of the well and to the executive authority of the municipal
corporation or the board of township trustees of the township, as applicable, in which
the well is to be located. In addition, the notice shall contain a statement that informs an owner of real
property who is required to receive the notice under division (A)(9) of this section
that within five days of receipt of the notice, the owner is required to provide notice
under section 1509.60 of the Revised Code to each residence in an occupied dwelling that is located on the owner's parcel of
real property. The notice shall contain a statement that an application has been filed with the
division of oil and gas resources management, identify the name of the applicant and
the proposed well location, include the name and address of the division, and contain
a statement that comments regarding the application may be sent to the division. The notice may be provided by hand delivery or regular mail. The identity of the owners of parcels of real property shall be determined using
the tax records of the municipal corporation or county in which a parcel of real property
is located as of the date of the notice. (10) A plan for restoration of the land surface disturbed by drilling operations. The plan shall provide for compliance with the restoration requirements of division (A) of section 1509.072 of the Revised Code and any rules adopted by the chief pertaining to that restoration. (11)(a) A description by name or number of the county, township, and municipal corporation
roads, streets, and highways that the applicant anticipates will be used for access
to and egress from the well site; (b) For an application for a permit for a horizontal well, a copy of an agreement concerning
maintenance and safe use of the roads, streets, and highways described in division
(A)(11)(a) of this section entered into on reasonable terms with the public official
that has the legal authority to enter into such maintenance and use agreements for
each county, township, and municipal corporation, as applicable, in which any such
road, street, or highway is located or an affidavit on a form prescribed by the chief
attesting that the owner attempted in good faith to enter into an agreement under
division (A)(11)(b) of this section with the applicable public official of each such
county, township, or municipal corporation, but that no agreement was executed. (12) Such other relevant information as the chief prescribes by rule. Each application shall be accompanied by a map, on a scale not smaller than four hundred
feet to the inch, prepared by an Ohio registered surveyor, showing the location of
the well and containing such other data as may be prescribed by the chief. If the well is or is to be located within the excavations and workings of a mine,
the map also shall include the location of the mine, the name of the mine, and the
name of the person operating the mine. (B) The chief shall cause a copy of the weekly circular prepared by the division to be
provided to the county engineer of each county that contains active or proposed drilling
activity. The weekly circular shall contain, in the manner prescribed by the chief, the names
of all applicants for permits, the location of each well or proposed well, the information
required by division (A)(11) of this section, and any additional information the chief
prescribes. In addition, the chief promptly shall transfer an electronic copy, or if that method
is not available to a municipal corporation or township, a copy via regular mail,
of a drilling permit application to the clerk of the legislative authority of the
municipal corporation or to the clerk of the township in which the well or proposed
well is or is to be located if the legislative authority of the municipal corporation
or the board of township trustees has asked to receive copies of such applications
and the appropriate clerk has provided the chief an accurate, current electronic mailing
address. (C)(1) Except as provided in division (C)(2) of this section, the chief shall not issue
a permit for at least ten days after the date of filing of the application for the
permit unless, upon reasonable cause shown, the chief waives that period or a request
for expedited review is filed under this section. However, the chief shall issue a permit within twenty-one days of the filing of
the application unless the chief denies the application by order. (2) If the location of a well or proposed well will be or is within an urbanized area,
the chief shall not issue a permit for at least eighteen days after the date of filing
of the application for the permit unless, upon reasonable cause shown, the chief waives
that period or the chief at the chief's discretion grants a request for an expedited
review. However, the chief shall issue a permit for a well or proposed well within an urbanized
area within thirty days of the filing of the application unless the chief denies the
application by order. (D) An applicant may file a request with the chief for expedited review of a permit application
if the well is not or is not to be located in a gas storage reservoir or reservoir
protective area, as “reservoir protective area” is defined in section 1571.01 of the Revised Code . If the well is or is to be located in a coal bearing township, the application shall
be accompanied by the affidavit of the landowner prescribed in section 1509.08 of the Revised Code . In addition to a complete application for a permit that meets the requirements of
this section and the permit fee prescribed by this section, a request for expedited
review shall be accompanied by a separate nonrefundable filing fee of two hundred
fifty dollars. Upon the filing of a request for expedited review, the chief shall cause the county
engineer of the county in which the well is or is to be located to be notified of
the filing of the permit application and the request for expedited review by telephone
or other means that in the judgment of the chief will provide timely notice of the
application and request. The chief shall issue a permit within seven days of the filing of the request unless
the chief denies the application by order. Notwithstanding the provisions of this section governing expedited review of permit
applications, the chief may refuse to accept requests for expedited review if, in
the chief's judgment, the acceptance of the requests would prevent the issuance, within
twenty-one days of their filing, of permits for which applications are pending. (E) A well shall be drilled and operated in accordance with the plans, sworn statements,
and other information submitted in the approved application. (F) The chief shall issue an order denying a permit if the chief finds that there is
a substantial risk that the operation will result in violations of this chapter or
rules adopted under it that will present an imminent danger to public health or safety
or damage to the environment, provided that where the chief finds that terms or conditions
to the permit can reasonably be expected to prevent such violations, the chief shall
issue the permit subject to those terms or conditions, including, if applicable, terms
and conditions regarding subjects identified in rules adopted under section 1509.03 of the Revised Code . The issuance of a permit shall not be considered an order of the chief. The chief shall post notice of each permit that has been approved under this section
on the division's web site not later than two business days after the application
for a permit has been approved. (G) Each application for a permit required by section 1509.05 of the Revised Code , except an application for a well drilled or reopened for purposes of section 1509.22 of the Revised Code , also shall be accompanied by a nonrefundable fee as follows: (1) Five hundred dollars for a permit to conduct activities in a township with a population
of fewer than ten thousand; (2) Seven hundred fifty dollars for a permit to conduct activities in a township with
a population of ten thousand or more, but fewer than fifteen thousand; (3) One thousand dollars for a permit to conduct activities in either of the following: (a) A township with a population of fifteen thousand or more; (b) A municipal corporation regardless of population. (4) If the application is for a permit that requires mandatory pooling, an additional
five thousand dollars. For purposes of calculating fee amounts, populations shall be determined using the
most recent federal decennial census. Each application for the revision or reissuance of a permit shall be accompanied by
a nonrefundable fee of two hundred fifty dollars. (H)(1) Prior to the commencement of well pad construction and prior to the issuance of a
permit to drill a proposed horizontal well or a proposed well that is to be located
in an urbanized area, the division shall conduct a site review to identify and evaluate
any site-specific terms and conditions that may be attached to the permit. At the site review, a representative of the division shall consider fencing, screening,
and landscaping requirements, if any, for similar structures in the community in which
the well is proposed to be located. The terms and conditions that are attached to the permit shall include the establishment
of fencing, screening, and landscaping requirements for the surface facilities of
the proposed well, including a tank battery of the well. (2) Prior to the issuance of a permit to drill a proposed well, the division shall conduct
a review to identify and evaluate any site-specific terms and conditions that may
be attached to the permit if the proposed well will be located in a one-hundred-year
floodplain or within the five-year time of travel associated with a public drinking
water supply. (I) A permit shall be issued by the chief in accordance with this chapter. A permit issued under this section for a well that is or is to be located in an
urbanized area shall be valid for twelve months, and all other permits issued under
this section shall be valid for twenty-four months. (J) An applicant or a permittee, as applicable, shall submit to the chief an update of
the information that is required under division (A)(8)(a) of this section if any of
that information changes prior to commencement of production operations. (K) A permittee or a permittee's authorized representative shall notify an inspector
from the division at least twenty-four hours, or another time period agreed to by
the chief's authorized representative, prior to the commencement of well pad construction
and of drilling, reopening, converting, well stimulation, or plugback operations.
Frequently Asked Questions About Ohio § 1509.06
What does Ohio Revised Code § 1509.06 cover?
Section 1509.06 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1509.06?
A common citation format is "Ohio Revised Code § 1509.06" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1509.06 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.