ENERGY AND ENVIRONMENT CABINET 

Steven L. Beshear 

Governor 

Office of General Counsel 

C. MICHAEL HAINES 

GENERAL COUNSEL 

2 Hudson Hollow Road 

Frankfort, Kentucky 40601 

Phone (502) 564-2356 

Fax (502) 564-9212 

Leonard K. Peters 

Secretary 

UNDERGROUND INJECTION CONTROL PROGRAM 

GENERAL'S COUNSEL STATEMENT 

In accordance with U.S. EPA's "Ground Water Program Guidance #19," I, C. Michael 

Haines, General Counsel for the Kentucky Energy and Environment Cabinet and the Department 

for Natural Resources, hereby ce1iify, pursuant to the provisions ofPmi C of the Safe Drinking 

Water Act [42 U.S.C. 300f et seq., as amended, and 40 C.P.R. 145.24(a)], that, in my opinion, 

the laws of the Commonwealth of Kentucky provide adequate authority to apply for, assume, and 

cany out the program set forth in the Program Description submitted by the Commonwealth of 

Kentucky, Energy and Environment Cabinet, the Depmiment for Natural Resources, Division of 

Oil and Gas. The specific authorities as set out below are contained in lawfully enacted statutes 

and regulations in full force and effect as of the date of this Opinion and which will be in full 

force and effect on the date of approval of this program by EPA. 

In anticipation of the application for and EPA approval of primacy for the· 

Commonwealth of Kentucky's Class II Injection Well Program, the General Assembly of the 

Commonwealth of Kentucky enacted legislation granting authority to the Division of Oil and 

Gas ("DOG") to administer an Underground Injection Control Program consistent with Section 

1425 of the Safe Drinking Water Act in order to protect underground sources of drinking water 

(USDW), to promulgate regulations for the purpose of accepting primary responsibility for such 

a program, and providing for penalties for violation of program and permit requirements and 

appeals to local circuit courts from decisions made in the operation of any approved program. As 

a result, administrative regulations were adopted effective upon the approval of the state program 

by EPA that comply with the Federal requirements for such a program. The legislative action 

also included a specific adoption of all other powers confened on DOG by the provisions of 

other statutes. The authority and power provided to DOG by those statutes and regulations are 

adequate for the Commonwealth to carry out a program regulating Class II underground 

injection wells in a marmer that is protective ofUSDWs. 

The specific statutes and regulations, which are referenced and discussed in the Program 

Description, include the following: 

• KRS 353.510(23) 

• KRS 353.570 

• KRS 353.590 

Definition of Class II Wells; 

Permit Requirement for All Wells drilled in the 

. Commonwe.alth 

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:;;:,ru~nding Requirements. 

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• KRS 353.591 

• KRS 353.592 

• KRS 353.593 

• KRS 353.992 

• KRS Chapter 13B 

• 805 KAR 1:020 

• 805KAR1:110 

Authorization for the Administration of State Program 

Upon Grant of Primacy 

Conferring Specific Powers on DOG Related to the 

Program Authorized by KRS 353. 591 

Providing for Appeals of Decisions under the Approved 

State Program in Local Circuit Courts 

Providing Penalties for Violations of the State Program to 

be Carried Out in the Local Circuit Comts 

Kentucky Administrative Procedures Act 

Providing Protection for USDWs 

Underground Injection Conh·ol Permit and Program 

Requirements (Duly promulgated; effective upon the grant 

of primacy by EPA) 

The undersigned does hereby cettify that pursuant to KRS 12.210 and 12.220 and other 

laws of the Commonwealth of Kentucky, he is general counsel for the Kentucky Energy and 

Environment Cabinet, Depattment for Natural Resources, having full legal authority to 

independently represent the Cabinet, the Department, and the Division of Oil and Gas in court in 

all matters pettaining to the State UIC Program described herein within the terms and conditions 

of40 CFR 145.24. 

Signed, this 1w day ofJune, 2010. 

Q.N)LJ. - C. Michael Haines, General Counsel 

Energy and Environment Cabinet 

#2 Hudson Hollow 

Frankfort, Kentucky 40601