New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter B - Mineral Resources › Part 555 - Plugging And Abandonment › Section 555.4 - Permanent abandonment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				  shall be unlawful for the owner or operator of any well to permanently plug and
				  abandon same until he has given notice at least 10 days in advance of the
				  commencement of plugging operations to the department on form OG11, which is to
				  be filed in triplicate, and has received a permit from the department therefor
				  on form OG12. During the period while abandonment operations are in progress,
				  this permit must be posted at the well site so as to be clearly visible and
				  legible at all times.
(b) Upon
				  receipt of the notice of intention to abandon, the department will send the
				  permit therefor to the owner or operator or person responsible for the plugging
				  operations and arrange for a representative to be present at the well to
				  witness the plugging operations. The permit will contain a confirmation of the
				  well location and date and time of the commencement of the plugging operation
				  as specified by the owner or operator on form OG11. If the representative of
				  the department is not at the well site at the specified date and time, the
				  operator may proceed to plug and abandon the well without waiting for official
				  witness.
(c) In the event the well
				  to be plugged and abandoned is one upon which the drilling or rework operations
				  have been in progress on a continuous basis as authorized or acknowledged by
				  the department on form OG9 as provided in Part 552, the notice of intention to
				  abandon may be given verbally or by telegram to the regional headquarters
				  administering to the county in which the well is located. In such event, the
				  regional headquarters will acknowledge receipt of the notice of intention to
				  abandon either verbally or by telegram. Although this procedure shall be
				  allowed to prevent excessive waiting time, the owner or operator still must
				  provide the department with formal notice of intention to abandon utilizing
				  form OG11 as promptly as is reasonably possible, and will be furnished with a
				  permit on form OG12.
(d) In an
				  emergency or where compliance with the normal procedure of 10 days advance
				  notification to the department of a planned permanent plugging and abandonment
				  of a well clearly will cause undue hardship upon the owner or operator, the
				  notice of intention to abandon may be given verbally to the department
				  (normally to the regional headquarters administering to the county in which the
				  well is located). In such event the notice of intention to abandon will be
				  acknowledged verbally or by telegram. Although this procedure shall be allowed
				  in an emergency or to prevent undue hardship, the owner or operator still must
				  provide the department with formal notice of intention to abandon utilizing
				  form OG11 as promptly as is reasonably possible, and will be furnished with a
				  permit on form OG12.