Ohio Administrative Code › Title 1501:9 - Division of Mineral Resources Management - Oil and Gas › Chapter 1501:9-4 - Oil and Gas Waste Facilities › Section 1501:9-4-05 - Construction, authorization to operate, and amendments to an oil and gas waste facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Construction of
			 an oil and gas waste facility.
(1)
									A permittee may commence construction of a proposed oil
			 and gas waste facility only if the permittee provides notification to the chief
			 forty-eight hours prior to commencing construction. A proposed oil and gas
			 waste facility shall be constructed in accordance with the approved application
			 and associated documents, terms and conditions of the permit and in accordance
			 with Chapter 1509. of the Revised Code and rules adopted under
			 it.
(2)
									During all phases of construction of an oil and gas
			 waste facility, the permittee is to implement all of the following:
(a)
										Coordinate all
			 building inspections as recommended by the Ohio department of commerce division
			 of industrial compliance;
(b)
										Ensure as-built construction drawings are current and
			 available at the oil and gas waste facility;
(c)
										Maintain a sign
			 that is legible from the public right-of-way, which includes the county,
			 township or municipal corporation, as applicable, section or lot number, oil
			 and gas waste facility name, twenty-four-hour emergency contact number, and the
			 911 address of the oil and gas waste facility;
(d)
										Maintain
			 emergency response access;
(e)
										Maintain safe
			 traffic flow near the entrance to the oil and gas waste
			 facility;
(f)
										Maintain sediment and erosion controls and soil
			 stabilization measures to ensure they perform as designed in the approved
			 application;
(g)
										Ensure that the pipes, ditches, and other conveyances
			 of storm water and hydraulic control structures perform as designed in the
			 approved application;
(h)
										Ensure that the dust controls perform as designed in
			 the approved application; and
(i)
										Maintain all oil
			 and gas waste facility infrastructure, including but not limited to, structural
			 and site stability as designed in the approved application.
(3)
									
			 Modification during construction.
(a)
										All modifications to an approved application, including
			 material modifications, are to be documented within one business day of
			 implementing the modification on a modification summary form.
(b)
										A request for a
			 material modification to an approved, but not yet operating, oil and gas waste
			 facility shall be submitted in writing to the chief prior to implementation of
			 any material modification to an oil and gas waste facility and include all of
			 the following items:
(i)
											A detailed description of the proposed material
			 modification and the potential impact to the performance of the oil and gas
			 waste facility;
(ii)
											A specific identification of every portion of the
			 application, as applicable, that is proposed to be modified;
			 and
(iii)
											Revised application documents, as applicable,
			 pertaining to the material modification.
(c)
										After receipt of
			 a material modification, the chief will review the material modification to
			 ensure compliance with the requirements of this rule within the times
			 established in figure 4, as applicable. The chief may require a site review
			 prior to determining whether to approve the proposed material modification or
			 to identify items necessary to ensure compliance with the requirements of this
			 rule. If the chief requires a site review, the applicable time established in
			 figure 4 will be suspended until completion of the site review.
(d)
										Nothing in
			 paragraph (A)(3) of this rule prohibits a permittee from taking actions
			 necessary to prevent harm to human health or safety or to prevent harm to the
			 environment. A permittee may perform such actions that will result in a
			 material modification only if the permittee submits a summary of the activities
			 within twenty-four hours of the action and the permittee submits the material
			 modification documents in accordance with this paragraph within three business
			 days of the event that posed a threat to human health or safety or to the
			 environment, or within another time frame as agreed to by the
			 chief.
(e)
										Alternate options contained in the approved application
			 that are implemented will be documented in the same manner as a modification in
			 paragraph (A)(3) of this rule.
(f)
										The chief may
			 waive all or any part of the submission required under paragraph (A)(3) of this
			 rule.