OAR 632-010-0010: Application and Permit to Drill, Redrill, Deepen, Alter Casing, or Rework

(1) No person may construct, drill, operate, or decommission a well until the person has received a permit, paid to the department a nonrefundable fee for each such well pursuant to ORS 520.017, and posted a bond or other financial security pursuant to OAR 632-010-0205. 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. (2) The application for a permit must include: (a) The location of the well; (b) The name and address of the surface owner, operator, permittee and any other person responsible for the conduct of the drilling operations; (c) The elevation of the well above sea level; (d) Casing and cementing programs giving details of casing sizes, casing grade, hole diameters, and volume of cement to be used; (e) Geologic objectives for wells proposed for known producing areas and proposed depth in all cases; and (f) Documentation of the ownership of mineral rights or a mineral rights lease on the property to be drilled, or the right or obligation, under the terms of an existing contract, to drill a well. (3) The permit will be suspended if the applicable rights in subsection (2)(f) of this rule cease to exist prior to the decommissioning of the well, access roads and any related disturbance. (4) If a completed application has not been received by one year from the date of the receipt of the initial application, the application will be automatically returned to the applicant and will be deemed withdrawn. (5) The applicant must be registered with the Secretary of State if registration is required by the laws of the State of Oregon. (6) Upon receipt of an application the department will determine within 21 days if the application is complete. The department will notify the applicant of the determination in writing. (7)(a) The department will circulate each application for a permit to drill for technical review to appropriate state agencies and the governing body of the county or city in which the well will be located. The agencies and governing body have 45 days from the date the department circulates the application in which to comment. The department can extend this period upon request by the reviewing agency for good cause. Within 60 days after receipt of a complete application for a permit, the department shall issue or deny the permit unless the department determines that a longer period is necessary to respond to comments or new information, or for any other good cause. (b) The department may approve immediately without circulating for technical review an application for a permit to redrill, deepen, or rework if the drilling operations are an uninterrupted continuance of previous drilling operations, provided conditions of OAR 632-010-0142(3) are met. (8)(a) The application for permit must be denied if the applicant is currently in violation of ORS 520 or with the rules in this division with respect to another well. A permit may also be denied if: (A) The permittee has unlawfully abandoned a well or failed to submit records or samples in a timely manner; or (B)If the applicant controls or is controlled by a person that has been determined by the department to be in violation of ORS chapter 520 or the rules in this division or has unlawfully abandoned a well or failed to submit records or samples in a timely manner. (b) If the department refuses to issue a permit, it will notify the applicant and concurrently provide the reason for denying the permit. A person adversely affected by refusal to issue a permit may seek review of the decision by filing an appeal with the board within 30 days of the date the notice of the refusal to issue the permit is received by the applicant. (9) When issuing the permit, the department shall inform the applicant that: (a) Issuance of the permit is not a finding of compliance with the Statewide Planning Goals (ORS 197.225) or compatibility with the acknowledged comprehensive plan and land use regulations; and (b) The applicant must receive land use approval from the affected local government supported by written findings as provided in OAR 632-001-0015 before the use can commence. (10) The department may temporarily suspend operations if they are not in compliance with applicable laws or rules of this chapter, or departmental orders. (11) The department may revoke a permit for noncompliance with applicable statutes, rules, orders, and permit conditions.