405 KAR 30:270.

Casing and sealing of drilled holes.

 

      RELATES TO: KRS

350.600

      STATUTORY AUTHORITY:

KRS 151.125, 224.033, 350.028, 350.050, 350.600

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 350.600 requires the Environmental and Public Protection

Cabinet to develop administrative regulations for oil shale operations to

minimize and prevent their adverse effects on the citizens and the environment

of the Commonwealth. This administrative regulation sets forth requirements for

temporary and permanent casing, sealing or other management of drill holes,

boreholes, wells, or other exposed underground openings.

 

      Section 1. General

Requirements. Each exploration hole, other drill hole or borehole, well, or

other exposed underground opening shall be cased, sealed, or otherwise managed

as approved by the cabinet, as necessary to prevent acid or other toxic

drainage from entering ground or surface waters, to minimize disturbance to the

prevailing hydrologic balance and to ensure the safety of people, livestock,

fish and wildlife, and machinery in the permit area and adjacent area. If these

openings are uncovered or exposed by mining activities within the permit area,

they shall be permanently closed, unless approved for water monitoring, or

otherwise managed in a manner approved by the cabinet. Use of a drilled hole or

borehole or monitoring well as a water well must meet the provisions of Section

4 of this administrative regulation. This section does not apply to holes

solely drilled and used for blasting.

 

      Section 2.

Temporary. Each exploration hole, other than drill or boreholes, wells and

other openings approved by the cabinet used to monitor groundwater conditions,

shall be temporarily sealed before use and protected during use by barricades,

fences, or other protective devices approved by the cabinet. These devices

shall be periodically inspected and maintained in good operating condition by

the permittee or other person approved by the cabinet.

 

      Section 3.

Permanent. When no longer needed for monitoring or other use approved by the

cabinet upon a finding of no adverse effects, or unless approved for transfer

as a water well under Section 4 of this administrative regulation, each

exploration hole, other drilled hole or borehole, well, and other exposed

underground opening shall be capped, sealed, backfilled, or otherwise properly

managed as required by the cabinet under Section 1 of this administrative

regulation. Permanent closure measures shall be designed to prevent access to

the workings by people, livestock, fish and wildlife, and machinery and to keep

acid or other toxic drainage from affecting ground or surface waters.

 

      Section 4. Transfer

of Wells. (1) An exploratory or monitoring well may only be transferred by the

permittee for further use as a water well with the prior approval of the

cabinet. That person and the surface owner of the land where the well is

located shall jointly submit a written request to the cabinet for that

approval.

      (2) Upon an approved

transfer of a well, the transferrer shall:

      (a) Assume primary

liability for damage to persons or property from the well;

      (b) Plug the well

when necessary, but not later than abandonment of the well; and

      (c) Assume primary

responsibility for compliance with other requirements of this administrative regulation

with respect to the well.

      (3) Upon an approved

transfer of a well, the transferrer shall be secondarily liable for the

transferrer's obligations under subsection (2) of this section, until release

of the bond or other equivalent guarantee required by 405 KAR 30:070 for the

area in which the well is located. (8 Ky.R. 118; eff. 3-1-82; TAm eff. 8-9-2007.)