strikeout = deleted language

ALL CAPS = 2/19/04 draft

ALL CAPS = 3/11/04 draft

 

RULES AND REGULATIONS

 

DEFINITIONS

(100 Series)

 

SURFACE OWNER SHALL MEAN any person owning all or part of the surface of land upon which oil and gas operations are conducted, as shown by the tax records of the county in which the tract of land is situated, or any person with such rights under a recorded contract to purchase.

 

DRILLING, DEVELOPMENT, PRODUCING AND

ABANDONMENT

 

303.      COGCC Form 2.  REQUIREMENTS FOR APPLICATION FOR PERMIT-TO-DRILL, DEEPEN, RE‑ENTER, OR RECOMPLETE, AND OPERATE. 

 

[THE FOLLOWING LANGUAGE WILL BE PLACED ON THE APD BY THE DIRECTOR’S SIGNATURE:  “BASED ON THE INFORMATION PROVIDED HEREIN, THIS APPLICATION FOR PERMIT-TO-DRILL COMPLIES WITH COGCC RULES AND IS HEREBY APPROVED.”]

 

a.  FORM 2.  APPLICATION FOR PERMIT-TO-DRILL, DEEPEN, RE-ENTER, OR RECOMPLETE, AND OPERATE.

 

(1)     Approval of Director.  Before any person shall commence operations for the drilling or re‑entry of any well, such person shall file with the Director an application on Form 2 for a permit-to-drill, PAY along with a filing and service fee established by the Commission (see Appendix III), and shall secure the Director's approval before commencement of operations with heavy equipment.

 

(2)     Final agency action.  THE DIRECTOR’S APPROVAL OF A PERMIT-TO-DRILL SHALL BE CONSIDERED FINAL AGENCY ACTION FOR PURPOSES OF JUDICIAL REVIEW.

 

(3)     Operational conflicts.  The permit-to-drill shall be binding with respect to any OPERATIONALLY conflicting local governmental permit or land use approval process.

 

(4)     Exemptions.  Wells drilled for stratigraphic information only shall be exempt from paying the filing and service fee.  The re‑entry of a well in a unitized, storage, or secondary recovery operation SHALL BE is exempt from the FIILING OF FORM 2 AND FROM PAYING THE FILING AND SERVICE FEE provisions of this rule and notice of intent to re‑enter a well shall be filed on a Sundry Notice, Form 4.

 

d.    Form 2/2A application and copies to local governmental designees.

 

(1)    Drill Site/Access Road Reclamation Form, Form 2A.  In addition to the above, an applicant filing a Permit-to-Drill, Form 2, shall also attach a completed Form 2A, except that the Form 2A shall not be required on federal or Indian owned surface lands when a Federal 13 Point Surface Use Plan is included.  The Form 2A requires the attachment of a minimum of two (2) color photographs; one (1) of the staked location and one (1) of the existing or proposed access road.  Each photograph shall be identified by: date taken, well name, location and direction of view.  Permit-to-Drill, Form 2, shall be filed with the Director in triplicate duplicate for wells on all patented private, state and federal surface lands.

 

(2)    Form 2/2A to local governmental designee.  A single, informational (not official notice) copy of the Permit-to-Drill, Form 2 and Form 2A and all attachments shall be delivered by the applicant AS THE OFFICIAL NOTICE to the local governmental designee(s) of the county or municipal corporation within whose jurisdiction the activity is occurring or is proposed to occur at or before the time of filing with the Director.  It shall be the responsibility of the Director to promptly provide the local governmental designee(s) with formal notification of the filing of the Permit-to-Drill, Form 2.  Such notice is to be sent by facsimile if requested, and, if not, then by first class U.S. Mail.

 

(3)    Comment period for local governmental designee.  Any comments from the local governmentAL designee concerning the Permit-to-Drill, Form 2, and Form 2A as filed shall be provided to the Director and to the applicant in writing within ten (10) days after the date on which the Permit-to-Drill, Form 2 was sent to the local government designee(s) RECEIVED by the Director.  The Director shall take no action with respect to the Permit-to-Drill, Form 2, prior to the expiration of the ten (10) day period, except under the circumstances provided for in Rule 303.j.(1) and (2), or when the Director has received notice from the local governmental designee(s) waiving the ten (10) day period. Upon written request to the Director received prior to the expiration of the ten (10) day period, the local governmentAL designee shall be granted an extension of up to twenty (20) additional days to consider the application.

 

(4)    Application for hearing by Local Governmental Designee.  If, prior to the expiration of the comment period provided herein and after participation in an onsite consultation under Rule 306.a.(3), the local governmental designee files an application for hearing on the pPermit-to-dDrill, Form 2, under Rule 503.b.(6), alleging significant impacts on public health, safety and welfare, including the environment, the dDirector shall withhold the issuance APPROVAL of such permit and the provisions of Rule 303.k. shall apply.

 

k.  Withholding APPROVAL OF APPLICATION FOR Permit-to-Drill, Form 2, approval.

 

(1)     The Director may withhold the issuance of a permit and the granting of approval of any APPLICATION FOR Permit-to-Drill, Form 2, for any proposed well when, based on information supplied by a surface owner or by staff analysis, and where appropriate as confirmed by an onsite inspection, the Director has reasonable cause to believe that a proposed well location raises significant concerns regarding potential significant adverse impacts to public health, safety and welfare, including the environment, OR THAT THE PROPOSED DRILLING OPERATION WOULD OTHERWISE RESULT IN A VIOLATION OF A PERTINENT COMMISSION RULE OR REGULATION.

 

(2)     If a request is made by a local governmental designee under Rules 303.d. and 503.b.(6), such application shall be granted and the director shall withhold issuance of the permit-to-drill, Form 2, unless the local government has been disqualified from making such request under Rule 501.b.  THE DIRECTOR SHALL WITHHOLD APPROVAL OF ANY APPLICATION FOR PERMIT-TO-DRILL, FORM 2, FOR ANY PROPOSED WELL, WHEN A REQUEST FOR A HEARING IS MADE BY A LOCAL GOVERNMENTAL DESIGNEE IN ACCORDANCE WITH RULES 303.D. AND  503.B.(6).

 

(3)           The Director SHALL withhold APPROVAL of aNY APPLICATION FOR Permit-to-Drill, Form 2, for any proposed well, WHILE A COMPLAINT IS BEING INVESTIGATED  AND RESOLVED BY THE DIRECTOR UNDER RULE 522., OR WHEN A SURFACE OWNER COMPLAINANT FILES AN APPLICATION FOR HEARING IN ACCORDANCE WITH RULE 522.C.(2).B.

 

(4)           In the event such approval is not granted, when requested by the operator, the Director shall ask the Commission to issue an emergency order under Rule 502.a. suspending approval of the Permit-to-Drill for such well and setting the matter for the next hearing.  IN THE EVENT THE DIRECTOR WITHHOLDS APPROVAL OF ANY APPLICATION FOR PERMIT-TO-DRILL, FORM 2, UNDER THIS RULE 303.K., AN OPERATOR MAY ASK THE COMMISSION TO REVIEW THE DIRECTOR’S DECISION AND ISSUE AN EMERGENCY ORDER UNDER RULE 502.A.

 

(5)           Any hearing granted pursuant to this rule shall be expedited and the matter shall be heard at the next scheduled commission hearing, and all parties shall be deemed to have waived any notice requirements to the contrary.

 

(6)           The Director shall use best efforts to notify the applicant, local governmental designee, surface owner and other interested parties as applicable of ANY EXPEDITED HEARING OR REQUEST FOR EMERGENCY ORDER UNDER THIS RULE 303.K. SO in order that such parties may participate.in the Commission’s emergency consideration of the matter

 

L.  SUSPENDING APPROVED PERMIT-TO-DRILL, FORM 2.  PRIOR TO THE SPUDDING OF THE WELL, THE DIRECTOR SHALL SUSPEND AN APPROVED PERMIT-TO-DRILL IF THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE, BASED ON THE DIRECTOR’S OWN INITIATIVE OR ON A COMPLAINT, THAT INFORMATION SUBMITTED ON THE PERMIT-TO-DRILL WAS INCORRECT.

 

305.      NOTICES OF OIL AND GAS OPERATIONS

 

b.  Notices.

 

4)       Final reclamation notice.  The following notice requirements shall apply only to final reclamation operations commenced more than thirty (30) days after the completion of a well.

 

A.           Not less than thirty (30) days before any final reclamation operations are to take place pursuant to Rule 1004., the operator shall notify the surface owner in accordance with paragraph c. below.  Final reclamation operations shall mean those reclamation operations to be undertaken when a well is to be plugged and abandoned or when production facilities are to be permanently removed.

 

B.           Not less than seven (7) days before any final reclamation operations are to take place, the operator shall notify the Director on a Sundry Notice, Form 4.

 

308A.    COGCC Form 5.  DRILLING COMPLETION REPORT

            Within thirty (30) days of the setting of production casing, the plugging of a dry hole, the deepening or sidetracking of a well, or any time the wellbore configuration is changed, the operator shall transmit to the Director the Drilling Completion Report, Form 5, and one (1) copy TWO (2) COPIES of all logs run, be they mechanical, mud, or other, SUBMITTED AS ONE (1) PAPER COPY AND, AS AVAILABLE, ONE (1) DIGITAL LAS (LOG ASCII) FORMATED COPY, OR A FORMAT APPROVED BY THE DIRECTOR.  Additionally, if drill stem tests, core analyses, or directional surveys are run, they shall be submitted at the same time and together with this completion report.  All Sections 1 - 22 (if applicable) and the attachment checklist shall be completely filled out.

 

310A.    COGCC Form 8.  MILL LEVY

            On or before March 1, June 1, September 1 and December 1 of each year, every producer or purchaser, whichever disburses funds directly to each and every person owning a working interest, a royalty interest, an overriding royalty interest, a production payment and other similar interests from the sale of oil or natural gas subject to the charge imposed by §34‑60‑122 (1) (a) C.R.S., 1973, as amended, shall file a return with the Director showing by operator, the volume of oil, gas or condensate produced or purchased during the preceding calendar quarter, including the total consideration due or received at the point of delivery.  No filing shall be required when the charge imposed is zero mill ($0.0000) per dollar value.

 

            The Levy shall be an amount fixed by order of the Commission.  The levy amount may, from time to time, be reduced or increased to meet the expenses chargeable against the oil and gas conservation fund.  The present charge imposed, as of July 1, 2002 APRIL 1, 2004, is one and one tenth mill ($0.0011) SIX TENTHS OF A MILL ($0.0006) per dollar value.

 

312.                  COGCC Form 10.  CERTIFICATE OF CLEARANCE AND/OR CHANGE OF OPERATOR

a.  Each operator of any oil or gas well completed after April 30, 1956, shall file with the Director, within thirty (30) days after initial sale of oil or gas a Certificate of Clearance and/or Change of Operator, Form 10, in accordance with the instructions appearing on such form, for each well producing oil or gas or both oil and gas.  A Certificate of Clearance shall be filed for any well from which oil, gas or other hydrocarbon is being produced.

 

     A Certificate of Clearance shall be filed within thirty (30) days should the producing formation(s), the oil transporter (first purchaser) and/or the gas gatherer (first purchaser) change.  In addition, within fifteen (15) days of an operator change for any well, a Change of Operator, Form 10, shall be filed with a filing and service fee as set by the Commission. (See Appendix III)

 

g.  A copy of each Certificate of Clearance and/or Change of Operator, Form 10 to be filed hereunder shall be sent by the Director to those local governmental designees who so request.

 

319.      ABANDONMENT

b.  Shut‑in and Temporary Abandonment.

 

(1)      A well may be shut‑in or temporarily abandoned when completed, upon approval of the Director, for a period not to exceed six (6) months provided the hole is cased or left in such a manner as to prevent migration of oil, gas, water or other substance from the formation or horizon in which it originally occurred.  All shut‑in or temporarily abandoned wells shall be closed to the atmosphere with a swedge and valve or packer, or other approved method.  The well sign shall remain in place.  If an operator requests shut‑in or temporary abandonment status in excess of six (6) months the operator shall state the reason for requesting such extension and state plans for future operation.  A Sundry Notice, Form 4, or other form approved by the Director, shall be submitted annually stating the status of the well and plans for future operation.  The Director shall submit copies of any Sundry Notice, Form 4, to the local governmental designees who so requests.

 

321.      DIRECTIONAL DRILLING

            If an operator intends to drill a horizontal or deviated wellbore utilizing controlled directional drilling methods, other than whipstocking due to hole conditions, the plans shall accompany an application for Permit-to-Drill, Form 2.  In addition to the information required on the plat in Rule 303.c., the plat shall also show the surface and bottom hole location.  If the surface location is in a different section than the bottom hole location, a plat depicting each section is required.  Additionally, the proposed directional survey including two (2) wellbore deviation plots, one depicting the plan view and one depicting the side view, shall accompany the application.

 

            Within thirty (30) days of completion the operator shall submit a Drilling Completion Report, Form 5, according to Rule 308., with a copy of the directional survey coordinate listing and the wellbore deviation plots (plan and side views).  The survey data shall be provided in a single analysis report with sufficient detail to determine the location of the wellbore from the base of the surface casing to the kick off point and from that point to total depth.  It shall be the operator’s responsibility to ensure that the wellbore complies with the setback requirements in Commission orders or rules prior to producing the well.

 

            Any changes to an approved Application for Permit-to-Drill, Form 2, shall be submitted and approved on a Sundry Notice, Form 4, prior to implementation.  Any request to change either the surface or bottom hole location shall be accompanied by a new proposed directional plan, an updated plat and updated wellbore deviation plots (plan and side view).  

 

502.        PROCEEDINGS NOT REQUIRING THE FILING OF AN APPLICATION

a.     Commission's own motion.  The Commission may, on its own motion, initiate proceedings upon any questions relating to conservation of oil and gas or the conduct of oil and gas operations in the State of Colorado, or to the administration of the Act, by notice of hearing or by issuance of an emergency order without notice of hearing. Such emergency order shall be effective upon issuance and shall remain effective for a period not to exceed fifteen (15) days.  Notice of an emergency order shall be given as soon as possible after issuance.

 

b.     Variances.

(1)   Variances to any Commission rules, regulations, or orders may be granted in writing by the Director without a hearing upon written request by an operator to the Director, or by the Commission after hearing upon application.  The operator or the applicant requesting the variance shall make a showing that it has MADE A GOOD FAITH EFFORT TO COMPLY OR IS UNABLE TO COMPLY complied with the specific requirements contained in these rules to secure a WAIVER OR AN EXCEPTION variance, if any, and that the requested variance will not violate the basic intent of the Oil and Gas Conservation Act.

 

503.        ALL OTHER PROCEEDINGS COMMENCED BY FILING AN APPLICATION

 

b.     Applications to the Commission may be filed by the following applicants:

 

(6).  ALL OTHER PROCEEDINGS COMMENCED BY FILING AN APPLICATION  For purposes of seeking a hearing on a pPermit-to-dDrill, Form 2, under Rules 303.d. and 303.k.(2), the relevant local government shall be the applicant, and the hearing shall be conducted in similar fashion as is specified in Rule 508.j., k and l. with respect to a public issues hearing.  It shall be the burden of the local government applicant to bring forward evidence sufficient for the commission to make the preliminary findings specified in subsection j of Rule 508. at the outset of such hearing.

 

(7)  For purposes of seeking a hearing on a permit-to-drill, Form 2, under Rule 303.K.(3), THE SURFACE OWNER SHALL BE THE APPLICANT.

 

(78)    For purposes of seeking relief or a ruling from the Commission on any other matter not described in (1) through (67) above, only persons who can demonstrate that they are directly and adversely affected or aggrieved by the conduct of oil and gas operations or an order of the Commission and that their interest is entitled to legal protection under the act may be an applicant.

 

522.        PROCEDURE TO BE FOLLOWED REGARDING ALLEGED VIOLATIONS

a.     Notice of Alleged Violation.

 

(1)      A complaint requesting that the Director issue a Notice of Alleged Violation (NOAV), INCLUDING ANY COMPLAINT MADE PRIOR OR SUBSEQUENT TO THE ISSUANCE OF AN APPLICATION FOR PERMIT-TO-DRILL, may be made by the mineral owner, surface owner or tenant of the lands upon which the alleged violation took place, by other state agencies, by the local government within whose boundaries the lands are located upon which the alleged violation took place, or by any other person who may be directly and adversely affected or aggrieved as a result of the alleged violation.

 

(2)      Oral complaints shall be confirmed in writing.  Persons making a complaint are encouraged to submit a Complaint Form, Form 18.

 

(3)      If the Director, on the Director's own initiative or based on a complaint, has reasonable cause to believe that a violation of the Act, or of any rule, regulation, or order of the Commission, or of any permit issued by the Director, has occurred, the Director shall cause the operator to voluntarily remedy the violation, or shall issue a NOAV to the operator.  Reasonable cause requires, at least, physical evidence of the alleged violation, as verified by the Director.

 

(4)        If the Director, after investigating a complaint made in accordance with this Rule 522.a.(1), decides not to issue a NOAV, the complainant may file an application to the Commission pursuant to Rule 503.b.(4), requesting the Commission enter an Order Finding Violation (OFV) in accordance with this rule.

 

(5)        NOAV process

 

A.    A NOAV issued by the Director shall be served on the operator's designated agent, or on the operator if no agent has been designated, by personal delivery or by certified mail, return receipt requested.

 

B.    The NOAV shall not be placed on the Commission docket, except as part of an application filed pursuant to subparagraph c. of this rule.

 

C.    The NOAV does not constitute final agency action for purposes of judicial appeal.

 

D.    The NOAV shall identify the statute, rule, regulation, order, permit or permit condition subject to Commission jurisdiction allegedly violated and the facts alleged to constitute the violation.  The NOAV may propose appropriate corrective action and an abatement schedule, if any, that the Director elects to require.  The NOAV shall also describe the penalty, if any, which the Director may propose, to be recommended in accordance with Rule 523.

 

b.     Resolution of a Notice of Alleged Violation.

 

(1)   Informal procedures to resolve issues raised by a NOAV with the Director are encouraged.  Such procedures may include, but are not limited to, meetings, phone conferences and the exchange of information.  If, as a result of such procedures, the Director determines that no violation has occurred, the Director shall revoke the NOAV in writing and shall provide a copy of the written notification to the complainant, if any.

 

(2)   NOAVs may be resolved by written agreement of the operator and the Director as to the appropriate corrective action and abatement schedule, a copy of which shall be provided by the Director to the complainant, if any.  Such agreements do not require Commission approval and shall not be placed on the Commission docket, except at the request of the operator.

 

(3)   NOAVs which are not resolved by written agreement for correction and abatement or which recommend the imposition of a penalty may be provisionally resolved by negotiation between the operator and the Director.  If such negotiations result in a proposed agreement, an Administrative Order By Consent (AOC) containing such agreement shall be prepared and noticed for review and approval by the Commission.  The Director may propose the terms for an AOC directly to the alleged violator.  Upon Commission approval, the AOC shall become a final order, and the agreed penalty imposed.  The AOC shall be placed on the consent agenda and Commission approval may be granted without hearing, unless a protest thereto is filed.  Unless the operator so agrees, such AOC shall not constitute an admission of the alleged violation.

 

(4)   The Director shall advise the complainant of any informal procedures used to facilitate resolution of the NOAV.  A complainant may object to the proposed resolution by AOC.  At the Director's discretion the AOC may be reviewed and modified based on the complainant's concerns, with the consent of the operator.  If the complainant objects to the Director's final decision to revoke or settle the NOAV, the complainant shall have the right to file with the Commission an application for an Order Finding Violation (OFV).  Such application shall be filed within forty-five (45) days of the Director's decision and shall be served on the Director and the operator.

 

c.     Order Finding Violation.

 

(1)   If the operator contests the NOAV, as to the existence of the violation, the appropriate corrective action and abatement schedule, or as to any proposed penalty, the Director shall make application to the Commission for an OFV and shall place the matter on the next available Commission docket, providing that at least twenty (20) days notice of such application is provided to the operator.

 

(2)   If the Director decides not to issue a NOAV, the Commission may conduct a hearing to consider whether to issue an OFV upon twenty (20) days notice to the affected operator under the following circumstances:

 

A.    On the Commission's own initiative if it believes that the Director has failed to enforce a provision of statute, rule, regulation, order, permit or permit condition subject to Commission jurisdiction.

 

B.    On the application of a complainant pursuant to Rule 503.b.(4), provided that such complainant has first made a written request to the Director to issue an NOAV and the Director has determined in writing not to do so.  An application FOR HEARING by a complainant shall be filed within forty-five (45) days of the RECEIPT OF THE Director's written determination.  FOR PURPOSES OF THIS RULE, THE DIRECTOR’S WRITTEN DETERMINATION SHALL BE DEEMED TO BE RECEIVED THREE (3) BUSINESS DAYS AFTER MAILING A COPY THEREOF, FIRST-CLASS POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS OF THE COMPLAINANT.

 

C.    On the application of a SURFACE OWNER complainant pursuant to Rule 503.b.(7), provided that such complainant has first made a written request to the Director to issue an NOAV and the Director has determined in writing not to do so.  An application FOR HEARING by a SURFACE OWNER complainant SHALL BE FILED WITHIN FIVE (5) BUSINESS DAYS OF THE RECEIPT OF THE DIRECTOR’S WRITTEN DETERMINATION.  FOR PURPOSES OF THIS RULE, THE DIRECTOR’S WRITTEN DETERMINATION SHALL BE DEEMED TO BE RECEIVED THREE (3) BUSINESS DAYS AFTER MAILING A COPY THEREOF, FIRST-CLASS POSTAGE PREPAID, TO THE LAST KNOWN ADDRESS OF THE COMPLAINANT.

 

(3)   Upon an operator's request a settlement conference shall be held with the Director no less than five (5) days before the hearing on an OFV.  If an agreement is reached, an AOC containing such agreement shall be prepared and noticed for review and approval by the Commission, at its discretion. Upon such approval, the AOC shall become a final order, and the agreed penalty shall be imposed.  Such approval may be granted without hearing, unless a hearing thereon is requested by a complainant.  Unless the operator so agrees, such AOC shall not constitute an admission of the alleged violation.

 

(4)   A hearing to consider whether to issue an OFV shall be a de novo proceeding, unless the parties stipulate as to the facts,  or as to the appropriate corrective action and abatement schedule, in which case the hearing may be accordingly limited.

 

(5)   The Director is always a necessary party to a hearing on an OFV.  The operator against which an OFV is sought is always a necessary party but need not present a case.  Any person, which is not the applicant for an OFV, but whose complaint initiated the enforcement proceeding, shall be granted intervenor status if so requested, pursuant to Rule 509., except that the filing fee shall be waived.

 

AESTHETIC AND NOISE CONTROL REGULATIONS

 

802.      NOISE ABATEMENT

a.  Oil and gas operations, including gas facility operations, shall comply with the following maximum permissible noise levels for the predominant land use existing in the zone AREA in which the SOUND MEASUREMENT IS TAKEN operation occurs.  ANY LAND USE AREA DETERMINATION SHALL BE CONTROLLED BY THE ACTUAL CHARACTER OF THE AREA.  Any operation involving pipeline or gas facility installation or maintenance, the use of a drilling rig, completion rig, workover rig, or stimulation is subject to the maximum permissible noise levels for industrial zones AREAS AT THE LOCATION WHERE THE SOUND MEASUREMENT IS TAKEN.  In the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permitted below may be increased ten (10) db(A) for a period not to exceed fifteen (15) minutes in any one (1) hour period.

 

          ZONEAREA                                          7:00 am to next 7:00 pm                                   7:00 pm to next 7:00 am

Residential                                            55db(A)                                                  50 db(A)

Commercial                                           60db(A)                                                  55 db(A)

Light industrial OR AGRICULTURAL        70 db(A)                                                65 db(A)

Industrial                                               80 db(A)                                                75 db(A)

 

          The following provide guidance for the measurement of sound levels from oil and gas operations:

 

(1)      If there are no occupied building units impacted THE NOISE SOURCE IS LOCATED ON A SEPARATE PROPERTY, sound levels shall be measured at a distance of twenty-five (25) feet or more from the SURFACE property line radiating the noise, AND AT ANY OCCUPIED BUILDING UNIT.  IF THE NOISE SOURCE IS LOCATED ON THE SAME PROPERTY, sound levels at occupied building units shall be measured AT OCCUPIED BUILDING UNITS ON THE SAME PROPERTY as near as practicable to the exterior edge of the occupied building unit closest to the area radiating the noise.

 

               EXPLORATION & PRODUCTION (E&P) WASTE MANAGEMENT

 

909.      SITE INVESTIGATION, REMEDIATION AND CLOSURE

 

f.   Release of financial assurance.  Financial assurance required by Rule 706. may be held by the Director until the required remediation of SOIL AND/OR ground water impacts is completed in accordance with the approved workplan, or until cleanup goals are met.