justicedao/ipfs_state_laws huggingface dataset:
632-015-0050 Filing of Reports (1) Report on Completion. Within 45 days after the completion of the plugging of an information hole or seismic shot hole, the owner or operator must file a report with the department setting forth in detail the method used in plugging the well or wells. The report must be in a form acceptable to the department. (2) The drilling records: (a) Must be in narrative form and include a map showing the location and depth of each shot hole or information hole so that it can be located; and (b) Must indicate all work that has been performed in compliance with the permit issued for the seismic program or information hole operation. (3) Within 60 days after plugging, the permittee must file an affidavit with the department, setting forth the location of the information hole or seismic program and the method used to protect such water-bearing formation, if any, that was penetrated during the program or operation. Statutory/Other Authority: ORS 516.090 & 520.095 Statutes/Other Implemented: 520.027, 520.095 & 520.097 History: DGMI 2-2013, f. & cert. ef 3-21-13 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-0055 Reclamation (1) Reclamation of surface lands affected by these operations is intended to return the surface to pre-exploration condition and/or beneficial use that is compatible with the local land use designation for the parcel(s). (2) The operator must provide sumps of adequate capacity and design to retain all fluid material during drilling and other operations. (3) The operator may not allow the contents of a sump to: (a) Enter streams, artificial canals, waterways, groundwater, lakes, rivers, or other water bodies; or (b) Adversely affect public health, safety, or welfare, or the environment, including plants, fish, and wildlife. (4) When no longer needed, fluid in sumps must be disposed of in a manner approved by the Oregon Department of Environmental Quality and the sumps must be filled and covered. (5) The affected surface lands must be restored to a pre-exploration status or another beneficial use that is authorized under the applicable comprehensive plan and land use regulations and acceptable to the department and surface owner. Reclamation activities may include, but are not limited to, grading, replanting, and reseeding of affected lands. Statutory/Other Authority: ORS 516.090 & 520.095 Statutes/Other Implemented: ORS 520.027 & 520.095 History: DGMI 2-2013, f. & cert. ef 3-21-13 GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-015-0060 Appeals The applicant or permittee may request a contested case hearing by the board. The request for a contested case hearing must be filed within 30 days. The contested case hearing will be conducted in accordance with OAR 632-001-0005 and ORS Chapter 183. Statutory/Other Authority: ORS 516.090 & 520.095 Statutes/Other Implemented: ORS 520.027 & 520.095 History: DGMI 2-2013, f. & cert. ef 3-21-13 GMI 2-1995, f. & cert. ef. 3-10-95 GMI 2-1990, f. 8-9-90, cert. ef. 8-31-90
632-020-0005 Jurisdiction and Authority (1) ORS Chapter 522 authorizes the Department of Geology and Mineral Industries to control the drilling, redrilling, and deepening of wells for the discovery and production of geothermal resources so that such wells will be constructed, operated, maintained, and abandoned in the manner necessary to safeguard the life, health, property, and welfare of the people of this state and to encourage the maximum economic recovery of geothermal resources therefrom. (2) In addition to complying with ORS Chapter 522 and these rules, the permittee must comply with applicable laws and rules of the Water Resources Department and the Department of Environmental Quality. 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
632-020-0010 Definitions The definitions in ORS 522.005 apply to this rule division. In addition, the following definitions apply: (1) "Abandonment" means the failure to properly plug and decommission a prospect or geothermal well in accordance with the rules in this division. (2) "Artesian" means the response of water or fluid under natural pressure, whereby it rises above the level where it was originally encountered. (3) "Blowout" means an uncontrolled escape of a solid, liquid, or gas. (4) "Contaminate" means any chemical, ion radionuclide, synthetic organic compound, microorganism, waste or other substance that does not occur naturally in groundwater or that occurs naturally but at a lower concentration. (5) “Contamination” means introduction of a contaminant. (6) "Fresh Water" means water that is used, or could be used without extraordinary treatment, for irrigation or domestic purposes as determined by the department. (7) "Observation Status" means that the department has authorized a geothermal well or prospect well to remain unplugged for a specified and extended period to allow the well to be used to collect information about subsurface conditions. (8) "Owner" means the person who has the right to drill geothermal wells or prospect wells, or to appropriate the production from a completed geothermal well. (9) "Permittee" means owner or operator. (10) "Person" means any individual, corporation, company, association of individuals, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative, applicant; or a state, federal, or local agency that is the subject of legal rights and duties under these regulations. (11) "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt, or odor of the waters, or such radioactive or other substance into any waters of the state that either by itself or in connection with any other substance present, will or can reasonably be expected to create a public nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life, or the habitat thereof. 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
632-020-0015 Inspection and Supervision The department will inspect and supervise geothermal operations for the purpose of enforcing compliance with the rules and orders promulgated by the board. 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
632-020-0020 General Rules General rules apply statewide and to all lands within the jurisdiction of the State of Oregon unless otherwise provided or superseded by a special rule. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 1-2010, f. & cert. ef. 6-22-10 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0025 Supremacy of Special Rules Special rules will be adopted when required and will prevail as against general rules if in conflict therewith. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: ORS 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13 GMI 4, f. 7-20-72, ef. 8-1-72
632-020-0028 Permit Required No person may construct, drill, redrill, deepen, operate, maintain, plug, or decommission a geothermal or prospect well without first obtaining a permit from the department. No person may construct, drill, operate, or decommission a geothermal or prospect well until the person has received a permit, paid to the department the appropriate nonrefundable fee for each such well pursuant to ORS 522.055 or 522.115, and posted the appropriate bond or other financial security for each such well pursuant to 522.075 or 522.145. Construction includes construction of access roads, well pads and other site disturbances relating to the development of the site. Drilling includes redrilling, deepening, and drilling to set conductor pipe. Operation includes maintaining the well while in use or while production is suspended. Decommissioning includes plugging and restoration of the well site. Statutory/Other Authority: ORS 522 Statutes/Other Implemented: 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13
632-020-0030 Application for Geothermal or Prospect Well A geothermal or prospect well permit is required from the department. (1) A permit required under OAR 632-020-0028 must be obtained before commencing the construction of access roads, well pads, cellar excavations, setting the conductor pipe, drilling, redrilling, deepening or altering the casing of any geothermal or prospect well. (2) The application for a geothermal or prospect well permit must include all of the following: (a) A nonrefundable application fee in accordance with ORS 522.055 or 522.155; (b) The location(s) and ground elevation(s) of the proposed well(s). The location includes the township, range, section, and the Universal Transverse Mercator (UTM) coordinates system; (c) Ownership rights or other rights as described in 632-020-0010(8); and (d) The proposed geologic objectives and proposed well depth for each well. (e) Other pertinent data as the department may require in a form acceptable to the department. (3) The department will circulate an application to drill pursuant to ORS 522.125(1) for geothermal wells or 522.065 for prospect wells. The information on the permit application is not confidential. 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 1-1991, f. 9-5-91, cert. ef. 9-6-91 GMI 1-1984, f. & ef. 1-23-84 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
632-020-0031 Annual Permit Fees The permittee of any geothermal well or prospect well permit under which a well has been drilled and not decommissioned, must provide an annual nonrefundable fee in accordance with ORS 522.115 for geothermal wells or 522.055 for prospect wells on or before the anniversary of the issuance date of each active permit issued by the department. As a courtesy, the department may notify the permittee with a notice prior to the anniversary date. 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 1-1991, f. 9-5-91, cert. ef. 9-6-91
632-020-0032 Permit Conditions (1) After consideration of the information supplied by the applicant, the comments supplied by public agencies as provided in ORS 522.065 for prospect wells and 522.125 for geothermal wells, and other relevant information supplied to the department, the department will determine whether to issue the permit with the appropriate conditions to be placed in the permit to ensure compliance with the ORS chapter 522 and this rule division. The conditions placed on the permit may address impacts arising from the construction, operation, maintenance, and decommissioning of the well, including but not limited to the construction of access roads, well pads, and cellar excavations, setting the conductor pipe, drilling, redrilling, or deepening of the well, and altering of well casings. (2) The department will make its decision on the permit application within the periods established in ORS 522.0065 for prospect wells and 522.135 for geothermal wells. (3) As established in ORS 522.0065 and 522.135 the department will notify the applicant of its decision within the specified time limits after making the determination described in section (1) of this rule. If a permit is denied, the department will immediately notify the applicant in writing and provide reasons for its determination. (4) The permit will notify an applicant that, before the applicant may undertake any activities authorized by the permit, the applicant must receive written land use approval, supported by findings, from the affected local government as required under ORS Chapter 197.180 and OAR 632-001-0015(5)(b). Statutory/Other Authority: ORS 522 Statutes/Other Implemented: 522.305 History: DGMI 3-2013, f. & cert. ef. 3-21-13
632-020-0035 Drilling Financial Security (1) A permit for a prospect well will not be issued until the applicant has complied with the requirements of ORS 522.075 relating to financial security. (2) A permit for a geothermal well will not be issued until the applicant has complied with the requirements of ORS 522.145 relating to financial security. 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 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
632-020-0040 Assignment, Transfers of Ownership A geothermal well or prospect well permit transfer application must include a nonrefundable fee in accordance with ORS 522.055(4) or 522.115(6) and replacement security in accordance with 522.075 and 522.145. Successor must provide all of the following: (1) Documentation of ownership or rights of the person to whom such rights were sold, leased, assigned, transferred, conveyed, or exchanged; (2) The date of such sale, lease, assignment, transfer, conveyance, or exchange; and (3) The API number, company name and location of such well(s) to be transferred, in table or spreadsheet form, and a map of the well location(s). 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, f. 7-20-72, ef. 8-1-72
632-020-0060 Filing of Well Records, Confidentiality (1) The operator of a geothermal well must keep copies of well records and related information as provided in ORS 522.355 and 522.365. In addition, the operator must: (a) Record the amount, size, and weight of casing used; and the size, type and depths of perforations; and (b) File with the department, within 60 days after completion, suspension, or decommissioning of a well, all logs, samples, history, surveys, and other required data. (2) The operator of a prospect well must keep and provide the department with records including a log describing the type of rocks penetrated, depths of water-bearing formations, bottom hole temperature, and well location. (3) Records filed with the department pursuant to ORS 522.365 and sections (1) and (2) above will not be disclosed to the public for four years from the date of completion, suspension, or abandonment of the well, whichever occurs first. After four years, the records will be available for public inspection under the provisions of 192.410 to 192.505. If an operator claims that any record continues to be exempt from disclosure as a trade secret under 192.501, the operator must notify the department and explain the basis for its claim at least 30 days before the end of the four-year period. 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 1-1984, f. & ef. 1-23-84 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
632-020-0065 Applications to Modify (1) The permittee of a geothermal prospect well must submit a written application for a permit modification to change plans previously approved by the department unless otherwise directed. The application must set forth in detail the proposed work to be completed and the department must approve the application before work begins. (2) A detailed report of the work accomplished and the methods employed, including all dates and the results of such work, must be filed within 60 days after completion of the work. 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 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
632-020-0070 Well Designations Every person drilling any well for geothermal resources or operating, owning, or controlling or in possession of any well drilled for geothermal resources, must paint or stencil and post and keep posted in a conspicuous place near the well, the name of the person drilling, operating, owning, or controlling the well, the name of the lease, the number of the well, and the number of the permit for the well, together with the longitude and latitude, section, township, and range. 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 4, f. 7-20-72, ef. 8-1-72
632-020-0090 Noise Abatement The method and degree of noise abatement must comply with the pertinent rules adopted by the Oregon Department of Environmental Quality. 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
632-020-0095 Casing Requirements (1) The permittee of any geothermal well or prospect well must properly case the well with adequate grade casing and cement the casing where necessary to provide adequate anchor for blowout preventers. Casing design must take into account stress imposed by the maximum expected temperature and the physical effects of produced fluids and gases on casing durability. Surface casing for any well with a proposed depth of more than 500 feet must be set at a depth of at least ten percent of the proposed total depth of the well, or at least 25 feet into consolidated, competent rock, whichever is deeper, unless otherwise approved by the department. In areas with no nearby drilling history, surface casing must be set to a minimum of 300 feet into consolidated, competent rock or confining clay layer, unless otherwise approved by the department. (2) The permittee of a geothermal or prospect well must prevent commingling of fluids. The permittee of a geothermal or prospect well that penetrates a fresh water aquifer must set casing or tubing through this formation and cement such casing or tubing from bottom to top unless the department approves a different program. (3) Casing and casing seals used for prospect wells, where the temperature of groundwater does not exceed 250°F, must comply with the general standards for the construction and maintenance of water wells set by the State Water Resources Department. (4) Each fluid-bearing zone above the producing horizon in a geothermal resources well must be cased and sealed off to prevent the migration of formation fluids to other areas. Such casing and sealing off must be completed and tested using the methods and means prescribed by the department. (5) Cements used in cementing casing and sealing formations must be of a grade and type best suited for expected reservoir temperature, formation water chemistry and bonding properties. Cements acceptable for use in high-temperature holes include Modified Type A or G, Alumina Silica Flour, Phosphate Bonded Glass, or other equivalent high-temperature design cement. 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
632-020-0100 Removal of Casings No person may remove a casing, or any part of a casing, from any geothermal well or prospect well without applying in advance and obtaining approval in writing from 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 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
632-020-0105 Directional Drilling (1) The maximum point at which a well penetrates the producing formation must not vary from the vertical drawn from the center of the hole at the surface by more than 5 degrees. Deviation is permitted without special permission for short distances to straighten the hole, sidetrack junk, or to correct other mechanical difficulties. (2) Except for the purposes of straightening the hole, sidetracking junk, or correcting mechanical difficulties as provided in this rule, an operator may not drill a well that deviates from vertical unless the operator first files an application and obtains a permit from the department. If drilling is in progress, the operator must notify the department immediately of the deviation of the hole and file a written request with the department for approval, as required. If the department does not approve, the permittee must set a cement plug at the point of deviation from vertical and complete the well as originally approved or plug the well. 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
632-020-0110 Serving Orders When the department gives any written direction concerning the drilling, testing, or other operations conducted with respect to any geothermal well or prospect well drilled, in the process of being drilled, redrilled, deepened, altered, or in the process of being decommissioned, and the operator, owner, or designated agent of either, serves written notice, either personally or by mail, addressed to the department, requesting that a definite order be made upon such subject, the department will, within a reasonable time after receipt of the notice, deliver a final written order on the subject matter. Any such final written order of the department may be appealed to the board and further redress may be sought in the manner provided in ORS Chapter 183 for appeals from final orders in contested cases. 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
632-020-0115 Measurement of Geothermal Resources The operator must measure or gauge all production from each well in accordance with methods approved by the department or may arrange with the department for other acceptable methods of measuring and recording production. The quantity and quality of all production must be determined in accordance with the standard practices, procedures, and specifications generally used in the industry. For wells on federal land, the department will establish acceptable methods in concert with the responsible federal agency. 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
632-020-0117 Spacing Plan The board may, on its own motion, or at the request of any interested party, hold a hearing to determine the maximum efficient rate at which any geothermal well in the state can produce a geothermal resource without waste. After the hearing, the board may set production rates by order. 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