January 13, 2011, Introduced by Rep. Slavens and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 61506 and 61506b (MCL 324.61506 and
324.61506b), section 61506 as amended and section 61506b as added
by 1998 PA 303, and by adding section 61506d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 61506. The supervisor shall prevent the waste prohibited
by this part. To that end, acting directly or through his or her
authorized representatives, the supervisor is specifically
empowered to do all of the following:
(a) To promulgate and enforce rules, issue orders and
instructions necessary to enforce the rules, and do whatever may be
necessary with respect to the subject matter stated in this part to
implement this part, whether or not indicated, specified, or
enumerated in this or any other section of this part.
(b) To collect data to make inspections, studies, and
investigations; to examine properties, leases, papers, books, and
records as necessary to the purposes of this part; to examine,
check, and test and gauge oil and gas wells and tanks, plants,
refineries, and all means and modes of transportation and
equipment; to hold hearings; and to provide for the keeping of
records and making of reports, and for the checking of the accuracy
of the records and reports.
(c) To require the locating, drilling, deepening, redrilling
or reopening, casing, sealing, operating, and plugging of wells
drilled for oil and gas or for secondary recovery projects, or
wells for the disposal of salt water, brine, or other oil field
wastes, to be done in such manner and by such means as to prevent
the escape of oil or gas out of 1 stratum into another, or of water
or brines into oil or gas strata; to prevent pollution of, damage
to, or destruction of fresh water supplies, including inland lakes
and streams and the Great Lakes and connecting waters, and valuable
brines by oil, gas, or other waters, to prevent the escape of oil,
gas, or water into workable coal or other mineral deposits; to
require the disposal of salt water and brines and oily wastes
produced incidental to oil and gas operations in a manner and by
methods and means so that unnecessary damage or danger to or
destruction of surface or underground resources, to neighboring
properties or rights, or to life does not result.
(d) To require reports and maps showing locations of all wells
subject to this part, and the keeping and filing of logs, well
samples, and drilling, testing, and operating records or reports.
All well data and samples furnished to the supervisor as required
in this part, upon written request of the owner of the well, shall
be held confidential for 90 days after the completion of drilling
and shall not be open to public inspection except by written
consent of the owner.
(e) To prevent the drowning by water of any stratum or part of
the stratum capable of producing oil or gas, or both oil and gas,
and to prevent the premature and irregular encroachment of water,
or any other kind of water encroachment, that reduces or tends to
reduce the total ultimate recovery of oil or gas, or both oil or
gas, from any pool.
(f) To prevent fires or explosions.
(g) To prevent blow-outs, seepage, and caving in the sense
that the conditions indicated by such terms are generally
understood in the oil business.
(h) To regulate the mechanical, physical, and chemical
treatment of wells.
(i) To regulate the secondary recovery methods of oil and gas,
including pulling or creating a vacuum and the introduction of gas,
air, water, and other substances into the producing formations.
(j) To fix the spacing of wells and to regulate the production
from the wells.
(k) To require the operation of wells with efficient gas-oil
ratios and to establish the ratios.
(l) To require by written notice or citation immediate
suspension of any operation or practice and the prompt correction
of any condition found to exist that causes or results or threatens
to cause or result in waste.
(m) To require, either generally or in or from particular
areas, certificates of clearance or tenders in connection with the
transportation of oil, gas, or any product of oil or gas.
(n) To require identification of the ownership of oil and gas
producing leases, properties, and wells.
(o) To promulgate rules or issue orders for the
classifications of wells as oil wells or gas wells; or wells
drilled, or to be drilled, for secondary recovery projects, or for
the disposal of salt water, brine, or other oil or gas field
wastes; or for the development of reservoirs for the storage of
liquid or gaseous hydrocarbons, or for other means of development,
extraction, or production of hydrocarbons.
(p) To require the filing of an adequate surety, security, or
cash bonds of owners, producers, operators, or their authorized
representatives in such reasonable form, condition, term, and
amount as will ensure compliance with this part and with the rules
promulgated or orders issued under this part and to provide for the
release of the surety, security, or cash bonds.
(q) To require the immediate suspension of drilling or other
well operations if there exists a threat to public health or
safety.
(r) To require a person applying for a permit to drill and
operate any well regulated by this part to file a complete and
accurate written application on a form prescribed by the
supervisor.
(s) To require the posting of safety signs and the
installation of fences, gates, or other safety measures if there
exists a threat to public health, safety, or property.
(t) To prevent regular or recurring nuisance noise or regular
or recurring nuisance odor in the exploration for or development,
production, or handling of oil and gas. Oil and gas operations in
the vicinity of residential property shall comply with section
61506d.
Sec. 61506b. (1) Except as provided in subsections (2) and
(3),
beginning on the effective date of this section, the
supervisor shall not issue a permit for or authorize the drilling
of
an oil or gas well if both either
of the following apply
applies:
(a) The well is located within 450 feet of the boundary of
property
containing a residential building .(b)
The residential
building
is located in a city or township
with a population of
70,000 or more.
(b) The city, village, or township where the well is located
has determined that the well poses a threat to public health or
safety.
(2) The supervisor may grant a waiver from the requirement of
subsection (1)(a) if the clerk of the city, village, or township in
which the proposed well is located has been notified of the
application for a permit for the proposed well and if either of the
following conditions is met:
(a)
The owner or All of the owners of property
containing all
residential buildings whose property boundaries are located within
450 feet of the proposed well give written consent.
(b) The supervisor determines, pursuant to a public hearing
held before the waiver is granted, that the proposed well location
will not cause waste and there is no reasonable alternative for the
location of the well that will allow the oil and gas rights holder
to develop the oil and gas.
(3) Subsection (1) does not apply to a well utilized for the
injection, withdrawal, and observation of the storage of natural
gas pursuant to this part.
Sec. 61506d. Noise from the exploration for or development,
production, or handling of oil or gas in the vicinity of
residential property shall comply with all of the following:
(a) Between the hours of 7 a.m. and 7 p.m., noise levels shall
not exceed 55 decibels as measured from the boundary of any
residential property.
(b) Between the hours of 7 p.m. and 7 a.m., noise levels shall
not exceed 50 decibels as measured from the boundary of any
residential property.