Section 180-14-004 - AGREEMENT WITH WELL OWNER OR OPERATOR A licensee may perform well logging with a sealed source only after the licensee has a written agreement with the employing well owner or operator.
004.01WRITTEN AGREEMENT. The agreement must identify who will meet the following requirements: (A) If a sealed source becomes lodged in the well, reasonable recovery efforts will be made;(B) A person may not attempt to recover a sealed source in a manner which, in the licensee's opinion, could result in its rupture;(C) Radiation monitoring required in 180 NAC 14-021.01 will be performed;(D) If the environment, any equipment, or personnel are contaminated with radioactive material, they must be decontaminated before release from the site or release for unrestricted use; and(E) If the sealed source is classified as irretrievable after reasonable efforts at recovery have been expended, the following requirements must be implemented within 30 days: (i) Each irretrievable source must be immobilized and sealed in place with a cement plug;(ii) A means to prevent inadvertent intrusion on the source, unless the source is not accessible to any subsequent drilling operations; and(iii) A permanent identification plaque, constructed of long lasting material such as stainless steel, brass, bronze, or monel, must be mounted at the surface of the well, unless the mounting of the plaque is not practical. The size of the plaque must be at least 17 centimeters (7 inches) square and 3 millimeters (1/8 inch) thick. The plaque must contain: (2) The radiation symbol. The color requirement in 180 NAC 4-033.01 need not be met;(3) The date the source was abandoned;(4) The name of the well owner or well operator as appropriate;(5) The well name and well identification number or numbers or other designation;(6) An identification of the sealed source or sources by radionuclide and quantity;(7) The depth of the source and depth to the top of the plug; and(8) An appropriate warning with similar wording as "DO NOT RE-ENTER THIS WELL".(iv) If a radioactive source is classified as irretrievably lost in any well or test hole, the licensee must, within 15 days, file with the Register of Deeds of the County where the well or test hole is located, a map of the location, including the legal description where the source was irretrievably lost, and a statement identifying the type and quantity of the radioactive source. Certified copies of the filing must be submitted to the Department within 30 days of the filing.004.02AGREEMENT RETENTION. The licensee must retain a copy of the agreement for three years after completion of the well logging operation.004.03DRILLING SAFETY ZONE. If a radioactive source is irretrievably lost in a fresh water aquifer or down a liquefied petroleum products storage cavity, the establishment of a drilling safety zone, based upon review of the geology and hydrology of the site, must be sought from the Department. All wells and storage cavities in the drilling safety zone must be abandoned and no fluids may be removed except upon approval by the Department. In addition of the notice requirements in 180 NAC 14-004.01(E), within 15 days after receipt of notice of the establishment of a drilling safety zone by the Department, the licensee must prepare a map of the drilling safety zone indicating the type and quantity of radioactive source, and the map must be filed with the Register of Deeds of any County located within the drilling safety zone. Certified copies of the filing must be submitted to the Department within 30 days after the filing.004.04EXCEPTION. An agreement between the licensee and the well owner or operator is not required if the licensee and the well owner or operator are part of the same corporate structure or otherwise similarly affiliated. However, the licensee must still otherwise meet the requirements in 180 NAC 14-004.01 (A) through (E).180 Neb. Admin. Code, ch. 14, § 004
Amended effective 6/26/2021Amended effective 6/14/2023