Oil and Gas Board of Review

English

Case Western Reserve University School of Law

BEFORE THE OIL AND GAS BOARD OF REVIEW DEPARTMENT OF NATURAL RESOURCES ESTATE OF ELMER MCDOUGAL Appellant, v. DONALD L. MASON, Chief Division of oil and Gas Ohio Department of Natural Resources Appellee. · · · · · · · · · · • · APPEAL NO. 502 CHIEF'S ORDER NO. 92-120 ENTRY AND ORDER The oil and Gas Board of Review has received and reviewed the parties' Joint Motion for Consent Decision and finds it well taken. Accordingly, the Board hereby ADOPTS the consent Decision. There being no issue of law or fact that needs to be heard, the Board hereby dismisses Appeal No. 502 with prejudice. \ i,/;' __ tf-&ee ~lll~~f}~ _ aENITA KAHN, S~ARY ALAN COOGAN, CHA ..... _··~. JAMES H. CAMERON WILLIAM TAYLOR CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the for~2eing was se~ed by regular u.s. Mail, postage prepaid this ~ day of ;lhfl,,A "-~~ , 1993 upon L. Kent Riethmiller, 110 North Main Street, Woodsfield, Ohio 43793, and Joan Fishel, Assistant Attorney General, Division of oil and Gas, Environmental Enforcement Section, Bldg. A, 4435 Fountain Square Drive, Columbus, Ohio 43224. BENITA KAHN, SECRETARY <:::::::: BEFORE THE OIL AND GAS BOARD OF REVIEW "DEPARTMENT OF NATURAL RESOURCES STATE OF OHIO JOHN O. MCDOUGLAL, Executor ) OF THE ESTATE OF ELMER ) MCDOUGAL, ) ) Appellant ) ) v. ) ) DONALD L. MASON, Esq. ) Chief, Division of Oil & Gas ) ) Appellee. ) " " ' .-z ;002 _ -' 1.:J"" : REVIEW OF CHIEF'S ORDER NO. 92-120 JOINT MOTION FOR CONSENT DECISION Now come the parties tO,this action with their Joint Motion for Consent Decision and respectfully request this Board to adopt the attached Consent Decision and dismiss the instant appeal with prejudice. /J ' ~ c) l: ' It/ ~/ ,,/ I,/{ ./ ~/]/i."r ! rl,(ftlnd!t/ By: L. KENT RIETHMIL ER TIit.t/' ... ,,:,-· -110 North Main street ".ci::r'-!:i.~~ Woodsfield, OH 43793 (614) 472-0717 Counsel for Appellant ." > .~-. -.~ I .- , ... , ; Respectfully submitted, LEE FISHER ATTORNEY GENERAL .OF OHIO JO • FISHEL 'I A'sistant Attorney General E~ronmental Enforcement Sec. Division of Oil. and Gas Bldg. A, 4435 Fountain Sq. Columbus, OH 43224 (614) 265-6939 Counsel for Appellee BEFORE THE OIL AND GAS BOARD OF REVIEW DEPARTMENT OF NATURAL RESOURCES STATE OF OHIO JOHN O. MCOUGAL, EXECUTOR OF THE ESTATE OF ELMER MCDOUGAL Appellant, v. DONALD L. MASON I Chief I DIVISION OF OIL AND GAS OHIO DEPARTMENT OF NATURAL RESOURCES Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CONSENT PECISION APPEAL NO. 502 REVIEW OF CHIEF'S ORDER NO. 92-120 .A. On April 9, 1992, Chief1s Order No. 92-120 was issued to John o. McDougal, Executor for the Estate of Elmer McDougal (Appellant) ordering the estate, its successors, assignees, and agents to plug a well in Salem Township, Monroe county, specifically, Permit No. 3575, Well No.1, Elmer McDougal lease. Chief's Order No. 92-120 further ordered that all work to properly plug and abandon those wells be completed in a prudent and workmanlike manner within 30 ·days of receipt. B. On or about May 6" 1992, Appellant filed an appeal of Chief's Order No. 92-120 with the Oil and Gas Board of Review. This appeal was docketed as Appeal No. 502. C. Prior to hearing of any issue of law or fact in this appeal, an agreement was reached between the parties to this action which disposed of the need of hearing on this matter. NOW, THEREFORE, in settlement of this matter, the parties hereby agree to the following: l) Appellant John O. McDougal, Executor of the Estate of Elmer MCDougal, consents to the entry of this CONSENT DECISION and waves any objection or further right to appeal it may have with respect to this appeal for the purpose of settling the claims alleged in the appeal. 2) The provisions of this CONSENT DECISION shall apply ·to and be binding upon the parties to this action, their agents, officers, employees, assignees, heirs, and successors in interest. 3) Appellant agrees to plug the oil and gas well identified as Permit No. 3575, Well No.1, on the Elmer McDougal lease in Salem Township, Monroe County, Ohio on or before February 28, 1993. 4) Appellant shall complete all work on the wellsite in a prudent and workmanlike manner, and in compliance with the requirements of R.C. Chapter 1509 and the rules adopted thereto. 5) Nothing in this CONSENT DECISION shall be construed so as to prejudice the right of the Division of oil and Gas to issue other decisions and orders t? enforce the provis~ons of Revised Code Chapter 1509 and Chapter 1501 of the Ohio Administrative Code. 6) All parties to this action state that they have read this CONSENT DECISION, understand its terms, have the ability to comply with its terms, and agree to comply fully. By: 7) Appeal No. 502 is dismissed with prejudice. ~ 1 ,( A.-LK-----DONALD L • ../ MASON"'; Chief Division of Oil and Gas Ohio Dept. of Natural Resources Appellee ESTATE OF ELMER MCDOUGAL OHN o. MCDOUGAL, Appellant JOAN II I. FISHEL . Ass~~nt Attorney General Env~nmental Enforcement section Div~sion of Oil and Gas Bldg. A. , 4435 Fountain Square Columbus I' OH 43224 (614) 265-6939 Counsel for Appellee (~£~ ~ L. KENT RIETHMILLER ~ Attorney at Law 110 North Main street Woodsfield, OH 43793 Counsel for Appellant BEFORE THE OIL AND GAS BOARD OF REVIEW DEPARTMENT OF NATURAL RESOURCES ESTATE OF ELMER MCDOUGAL Appellant, v. DONALD L. MASON, Chief Division of oil and Gas Ohio Department of Natural Resources Appellee. · · · · · · · · · · · · APPEAL NO. 502 CHIEF'S ORDER NO. 92-120 ENTRY AND ORDER The oil and Gas Board of Review has received and reviewed the parties' Joint Motion for Consent Decision and finds it well taken. Accordingly, the Board hereby ADOPTS the Consent Decision. There being no issue of law or fact that needs to be heard, the Board hereby dismisses Appeal No. 502 '--~~ .. ALAN COOGAN, CHA JAMES H. CAMERON WILLIAM TAYLOR CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the for1ting was ~ day of served by regular u.s. Mail, postage prepaid this (h.tl,A "...f.c.","",= I 1993 upon L. Kent Riethmiller I 110 North Main street, Woodsfield, Ohio 43793, and Joan Fishel, Assistant Attorney General, Division of oil and Gas, Environmental Enforcement Section, Bldg. A, 4435 Fountain Square Drive, Columbus, Ohio 43224. BENITA KAHN, SECRETARY -c:::::::::: i 

Appeal No. 0502: Estate of Elmer McDougal, v. Donald L. Mason, Chief Division of Oil and Gas Ohio Dapartment of Natural Resources

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Appeal No. 0502: Estate of Elmer McDougal, v. Donald L. Mason, Chief Division of Oil and Gas Ohio Dapartment of Natural Resources

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