1501:9-10-05. Burial of pipelines

(A) Metallic and nonmetallic pipelines. Excluding all pipelines utilized in the actual drilling or operation of oil and/or natural gas well(s) and pipelines used to transport leasehold gas. No person shall lay an oil and/or natural gas pipeline used in the producing of oil and/or natural gas wells that is constructed of metallic or nonmetallic materials unless such pipeline is buried at least twenty-four inches below the ground surface. The owner of such pipeline under this paragraph shall be exempt from such burial requirements if he finds that:

(1) The land across which the pipeline is to be laid is not reasonably expected to be under cultivation; or

(2) The pipeline can be buried with less than twenty-four inches of cover with minimal risk of safety or environmental damage; or

(3) The topographical features or ground conditions prevent the efficient burial of pipelines; or

(4) The terms of the oil and gas lease prohibit the burial of pipelines or permit surface installation.

(B) Whenever a pipeline is laid in accordance with one or more of the above exemptions, the owner of such pipeline shall file a statement with the chief of the Division of Mineral Resources Management identifying:

(1) Owner's name and address,

(2) The location of the pipeline, and

(3) The exceptions justifying the construction.

Five Year Review (FYR) Dates: 10/13/2020 and 10/13/2025
Promulgated Under: 119.03
Statutory Authority: 119.03
Rule Amplifies: 1509.23
Prior Effective Dates: 04/10/1981, 04/15/2004

Prior History: (Eff 4-10-81; 4-15-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1509.23
Rule amplifies: RC 1509.23
RC 119.032 review date: 9/16/03, 1/27/04, 4/15/09 )