justicedao/ipfs_state_laws huggingface dataset:
632-020-0120 Production Reports The owner or operator of any well producing geothermal resources must file with the department, before the 20th day of each month, a statement of the geothermal resources production from the well during the preceding calendar month. The report must be in a form acceptable to the department. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0130 Subsequent Decommissioning Report The operation of a well can be suspended only as provided in ORS 522.225. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.175 & 522.305 & 522.245 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0134 Naming of Fields The board, on its own or upon request of any interested person, may, after a public hearing, name a geothermal field and set the boundaries of the field. Using the same procedure, the board may later change the boundaries of a field. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83
632-020-0135 Well Spacing The board will approve proposed well-spacing programs for geothermal wells in a field or prescribe such modifications to the programs as it determines necessary for proper development. The board may do this by rule or order. In determining well spacing, the board will consider such factors as: (1) Topographic characteristics of the area; (2) Hydrologic and geologic conditions in the reservoir; (3) Minimum number of wells required for adequate development; and (4) Protection of the environment. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0138 Unit Agreements (1) When voluntary unitization occurs under ORS 522.405 to 522.545, the unit operator must pay a fee to the department for the administration of the unit. The amount of the fee will be determined by the board on a case-by-case basis. The unit operator must collect equitable shares of this fee from all persons, or state or local governing bodies, special districts, or agencies with a royalty interest in the unitized development. (2) When the board requires the development of a unit agreement under ORS 522.405 to 522.545, the unit operator must pay a fee to the department for the creation and administration of the unit. The amount of the fee will be determined by the board on a case-by-case basis, for creation and administration of the unit. The unit operator must collect equitable shares of this fee from all persons, or state or local governing bodies, special districts, or agencies with a royalty interest in the unitized development. (3) The department will review voluntary unit agreements governing production of geothermal resources to ensure compliance with the provisions of ORS 522.405 to 522.545. (4) The operator or person proposing a board-initiated unit agreement must make application to the board. (5) The department shall enforce, when necessary, board-approved or initiated unit agreements. (6) The board may change or approve proposed changes in the boundaries of a unit area upon application by the unit operator or interested person. Such changes shall not jeopardize pre-existing contractual relationships between participating parties. (7) The board may levy fees upon any operator, person, state or local governing body, special district, or agency that holds a royalty interest in a unit area to cover reasonable costs associated with the development and administration of a unit agreement. If such a fee is not paid when due, the board may require the fee to be paid from proceeds of the sale of the unit production. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 & 522.405 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83
632-020-0140 Commingling Production (1) As part of a unit agreement, the department will require the operator to commingle the production from different wells or leases or both with the production of other operators subject to such conditions as may be prescribed. (2) The operator must not commingle the production form different geothermal aquifers without prior approval from the department. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0145 Pits or Sumps (1) Materials and fluids necessary for the drilling, production, or other operations may be discharged or placed in pits and sumps only with the approval of the department and the Department of Environmental Quality. The operator must not allow the contents of the pit to: (a) Contaminate streams, artificial canals or waterways, groundwater, lakes, or rivers; (b) Adversely affect the environment, persons, plants, fish, and wildlife and their populations; or (c) Damage the aesthetic values of the property or adjacent properties. (2) When no longer needed, pits and sumps are to be filled and covered and the premises restored to a near natural state. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0150 Disposal of Solid and Liquid Wastes Injection of geothermal fluids must not pollute waters of the state, create a public nuisance, impair beneficial uses of waters, or degrade the biologic habitat of aquatic life and domestic and wild animals. Permits for prospect and geothermal wells will be issued in accordance with ORS 522.019, 522.025, and 522.135. The department will coordinate with the Department of Environmental Quality and the Department of Water Resources to ensure that permit conditions are consistent and protective of natural resources and the environment. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0151 Handling of Test Fluids Prior to conducting formation and production tests, the operator must provide adequate storage for anticipated volumes of formation fluids and drilling mud. Arrangements for ultimate disposal of waste fluids must be made with the department and the Department of Environmental Quality. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 1-2010, f. & cert. ef. 6-22-10 DGMI 2-1999, f. & cert. ef. 8-30-99 GMI 4-1980, f. & ef. 10-2-80
632-020-0154 Injection and Conservation Injection is the required method for handling geothermal fluids derived from geothermal resources to conserve natural heat energy and to maintain reservoir temperature and pressure. This rule applies to fluids derived from geothermal wells as defined in ORS 522.005(12) that are subject to departmental regulation under ORS 522.025, unless otherwise approved by the department. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80
632-020-0155 Application to Inject (1) The provisions of this rule apply to applications for geothermal wells intended for the injection of geothermal fluids, and are in addition to the requirements of ORS 522.019. (2) An application for a permit to inject geothermal fluid into any underground reservoir must include, but is not limited to, the following: (a) A plan of injection explaining the proposed system including facilities other than the injection well necessary to conduct the operations; (b) A map of adequate scale (preferably 1:24,000, but not less than 1:62,500 or 1" = 1 mile) to show all existing and proposed wells, pipelines, and other surface facilities. All wells must be distinguished by type; (c) The injection fluid characteristics such as quality, quantity, source, chemical analysis, chemical reactivity, toxicity, temperature, and any additives such as but not limited to pH control, anti-scaling, or biocides; (d) The characteristics of the proposed injection zone including: volume capacity of the zone, geologic formation and structure, porosity, permeability, chemical analysis of zonal water, static formation pressures and temperatures, anticipated zonal fluid reactivity to the injected fluids, any previous history of injection operations into the same or similar formations, any injectivity tests which may have been conducted, and other pertinent data; (e) Description of the hydrology of the surrounding area, including groundwater quality, quantities, and analyses, and the predicted effects of the injected fluids on the existing surface and groundwater; (f) Subsurface maps and cross sections of the producing and injecting zone structure and lithology and any available logs or histories of a well or other wells penetrating the injection zone that have not been previously submitted. (g) Description of the effects of injection on such factors as potable water, seismicity, and local tectonic conditions; (h) Representative injection well drilling program; (i) Proposed downhole and surface injection equipment and metering facilities with capacity, design capabilities, and design safety factors in sufficient detail to enable adequate environmental analysis. Construction and engineering design plans should be included; and (j) Proposed injectivity surveys, seismic surveys, seismic monitoring, and other means to monitor injection. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.019 & 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0156 Permit for Injection (1) The department will issue a permit for injection of geothermal fluids after finding that the injection plan is consistent with the purposes set forth in ORS 468A.010, 468B.015, 468B.030, 537.525, 522 and these rules. (2) Appropriate approval must be obtained from the Department of Environmental Quality before re-injection is commenced. Issuance of a geothermal well permit allowing for reinjection does not relieve any person from any obligation to register or to obtain a permit under ORS 468B.050 or 468B.195 to 468B.197 (Department of Environmental Quality). (3) The department will not issue a permit for injection of geothermal fluids until the operator has financial security in compliance with OAR 632-020-0035. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 DGMI 2-1999, f. & cert. ef. 8-30-99 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80
632-020-0157 Injection Well Construction, Protection and Mechanical Integrity (1) Injection wells must be constructed in compliance with the standards set in OAR 632-020-0095 and 632-020-0125. (2) Special standards may be required by the department to allow for corrosive effects of injected fluids, precipitation of dissolved minerals, more extensive cementing of casings, specifications for tubing packers and casing packers, or other construction practices generally accepted by the industry. (3) All wells for injection must be tested for mechanical integrity at least once every five years to determine that there is no leak in the casing and that there is no fluid movement into an underground source of water other than that from which the fluid was produced, unless otherwise approved by the department. (4) Acceptable tests include pressure build-up profiles, pressure testing, and casing thickness logs to demonstrate integrity of the casing. (5) The department may, on a case-by-case basis, approve tracer surveys, noise logs, temperature logs, spinner surveys, or other methods to detect water movement adjacent to the wellbore and seismic monitoring. (6) The department must be notified two weeks before any mechanical integrity test. The results must be submitted within 60 days. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80
632-020-0158 Wellhead Equipment, Injection Wells Adequate wellhead equipment must be installed to control expected pressures. Where underground conditions are unknown, the same equipment must be used as required for exploration holes. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80
632-020-0159 Monitoring Injection (1) The department requires monitoring of injection operations to ensure that there is no escape of geothermal fluids from the casings or through the annular space between casings and open hole except in the zone for which injection is permitted. (2) Monitoring required by the department may include gauging pressure between casings, periodic testing for casing leaks, surveys to detect movement of fluid in adjacent rock formations, cement bond logs, temperature measurements, analyses of water chemistry, special wellhead equipment or other methods employed by industry to monitor re-injection operations. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4-1980, f. & ef. 10-2-80
632-020-0165 Judicial Review of Board Actions Any person adversely affected by any rule or order by the board may obtain judicial review thereof pursuant to ORS Chapter 183. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0170 Environmental Protection In conducting operations under this chapter, the permittee or operator must not pollute or otherwise damage land, water or air resources. The operator must comply with all federal and state air and water quality standards and requirements. Plans for the disposal of well effluents must be approved by the Oregon Department of Environmental Quality and department before any disposal actions are taken. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0180 Blowout Prevention Rules for Prospect Wells Less than 2,000 Feet in Depth All prospect wells must have adequate casing and wellhead controls installed, unless otherwise approved by the department. The casing must extend from the surface to at least ten percent of the proposed total depth of the well and be cemented back to the surface. Wellhead controls must consist of an annular preventer or double ram preventer or pipe rams and gate valve. Controls may be manual or hydraulic. (1) If hot water or flowing steam at 65° C. (150° F.) or greater is encountered, further drilling must stop immediately, the operator must notify the department, and the hole will be either: (a) Completed as an observation hole using steel tubing cemented from total depth to surface; or (b) Permanently decommissioned by plugging with cement from total depth to surface; or (c) Deepened only after a review of the adequacy of wellhead control equipment and approval from the department. If the prospect well is deepened as described in this section, it must be completed as described in subsections (a) and (b) of this section. (2) If cold flowing artesian water is encountered, the hole will be completed as in subsection (1)(a) or (b) of this rule, except that plastic tubing may be used, only with prior department approval. (3) Locations proposed in natural thermal areas within a 1,000 foot radius of hot springs, fumaroles, or other surface geothermal indicators, or in areas of known artesian water flow, will require a detailed drilling program for each hole approved by the department. The department may require special drilling and completion techniques, such as cemented surface casing and simple expansion type blowout preventers, to safely control formations containing geothermal or other resources that may be penetrated. (4) A supply of mud and lost circulation material must be kept on hand while drilling to control abnormal pressure if rotary equipment is used. (5) Prospect wells must not result in the co-mingling of fluids. (6) No prospect well may be constructed, maintained, or abandoned in such a manner as to constitute a health threat, health hazard, or nuisance to public safety. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.155 & 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 1-1983, f. & ef. 9-30-83 GMI 4-1980, f. & ef. 10-2-80 GMI 8, f. & ef. 11-17-76
632-030-0005 Purpose and Application of These Rules (1) These rules implement the purposes of the Mined Land Reclamation Act as established in ORS 517.760. (2) These rules prescribe procedures for obtaining an operating permit and for complying with the other requirements of the Oregon Mined Land Reclamation Act. These rules apply to all operating permits, including those for non-aggregate mineral mines and chemical process mines, except where the provisions of OAR chapter 632, division 35 or 37 control. These rules do not address exploration activities. The requirements for exploration permits are addressed in OAR chapter 632, division 33. (3) Applicants seeking operating permits from the Department should be aware that other state, federal, and local agencies may require the applicant to obtain approval prior to operation. For example, the Department of Environmental Quality may require permits for air quality and water quality. Where reasonable, the Department will coordinate with other agencies to avoid duplication on the part of applicants. An operating permit from the Department does not constitute authorization to proceed without approval of other agencies, if required. It is the applicant's responsibility to obtain other necessary permits. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.760 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99 GMI 2-1997, f. & cert. ef. 10-14-97 GMI 1-1988, f. 3-30-88, cert. ef. 3-11-88 GMI 2-1985, f. 11-19-85, ef. 11-20-85 GMI 2-1982, f. & ef. 8-13-82 GMI 1-1980, f. 2-29-80, ef. 3-1-80 GMI 5, f. 12-20-73, ef. 1-11-74
632-030-0018 County Authority; City or County Operations (1) Columbia County is the only county operating its own mined land reclamation program under ORS 517.780(1) and mining operations in Columbia County are exempt from regulation under these rules. (2)(a) When any city or county elects to exempt from these rules any city or county owned or operated sites according to the provisions of ORS 517.780(2), it must adopt the required ordinance for all city and county operated sites and notify the Department of its action. A copy of the ordinance must be provided with the notification. The city or county ordinance must meet the requirements of ORS 517.780(2); (b) Each city or county that operates under its own ordinance under ORS 517.780(2) must annually supply the Department with a list of sites covered by the exemption. The information provided for each site on the list must include the following: legal description, land ownership, acreage affected, acres reclaimed, and status; (c) Any city or county exercising an exemption under ORS 517.780(2) must designate a surface mining administrator and notify the Department of the name of the administrator. The portion of each property mined by the city or county under this exemption must be under the exclusive control of the city or county. Reclamation of each site must be completed before the city or county relinquishes control of the site; (d) In order to maintain an exemption under ORS 517.780(2), a city or county may not produce more than 5,000 cubic yards of material per year for a purpose other than city or county-owned projects or for on-site use by the landowner. (e) A city or county surface mining operations operating under this exemption may not disturb more than one acre of land unless the city or county has in place an ordinance that ensures an enforceable reclamation plan is in place that ensures that natural resources will be protected during mining and reclamation and that all disturbed lands will be reclaimed in a timely manner returned and suitable for the beneficial use or uses allowed under the applicable comprehensive plan and land-use regulations. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.780 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99
632-030-0019 Surface Mining on Federal Lands To the maximum extent permitted by law, surface mining conducted on federal lands is subject to the Act and these rules. The Department will coordinate with agencies of the federal government to minimize conflict or duplication in operating, reclamation, and security requirements. The Department may enter into formal agreements with federal agencies to establish the means by which these rules are carried out. Statutory/Other Authority: ORS 516.090(2)(a), 517.740 & 517.840(1)(d) Statutes/Other Implemented: ORS 517.760 & 517.840 History: DGMI 1-2009, f. & cert. ef. 5-15-09 DGMI 1-1999, f. & cert. ef. 1-7-99