(1) 

Abnormal pressure

 means a reservoir pressure that exceeds the hydrostatic pressure of fresh water extending from the reservoir to the 

surface. 

(2) • Annulus• means the space between two (2) strings of casing or between a string of casing and the bore hole wall. (3) "Casing (casing string)" means steel tubes or pipes Installed In a well. 

(4) "Surface casing" means the first and largest diameter casing Installed In a well and its primary uses are to make the bore hole stand up and to 

protect the fresh water zones. 

(5) "Intermediate casing" means one or more strings of pipes installed In a well In addition to the surface casing in which each string Is smaller In 

diameter than the previous. 

(6) "Long casing string" means the last casing Installed In a well to be used for production or Injection purposes. (7) "Zone" means a layer of strata capable of producing or receiving nuids. 

Section 2. Protection or Fresh Water Zones for Drilling and/or Plugging Operations. (1) During drilling operations, one (1) or the following methods 

shall be used to protect fresh water zones: 

(a) Method A. Casing shall be set on a casing shoulder and sald casing shall have a shoe installed on the bottom of the bottom joint. Upon the 

completion of the drilling program, all the recoverable casing must be removed or cemented to the surface. 

(b) Method B. Casing shall be set on a shoulder and cemented sufficiently to cover 1 00 feet Including the shoe. Upon completion or the drilling, all or 

the recoverable casing must be removed or cemented to the surface. 

(c) Method C. A top to bottom drilling mud system with a filtrate water loss of less than ten (10) cubic centimeters, as determined by American 

Petroleum Institute standards, In lis publlcation "Standard Procedures lor Field T esllng Water Based Drilling Fluids" API RP 13 B-1 , Secllons 1, 2 and 3, 

June 1 , 1990, filed and Incorporated herein by reference. Copies may be obtained from the Department for Natural Resources, P. 0. Box 14090, 

Lexington, Kentucky 40512-4090. Certifteation of filtrate water loss must be made by the operator. 

(2) In the event a well is to be plugged, then It shall be plugged In the manner prescribed by B05 KAR 1 :060 or 805 KAR 1 :070. 

Section 3. Protection of Fresh Water Zones. Any well drilled in the Commonwealth of Kentucky subject to the jurisdiction of the Department for 

Natural Resources subsequent to the effective date of this adminlstrative regulation shall be equipped with the following fresh water protection prior to 

production or injection. 

(1) A protective string of casing, be It surface. Intermediate, or long string, shal extend thirty (30) feet below the deepest known fresh water zone. 

Such protective string shal have cement circulated In the annular space outside sald casing of a sullident volume of cement, calculated using approved 

engineering methods, to assure the return of the cement to the surface. In the event cement does not return to the surface, every reasonable attempt 

will be made to fill the annular spaces by introdudng cement from the surface. If the intermediate casing or long casing string Is: 

(a) Cemented to the surface; or 

(b) Cemented thirty (30) feet Into the next larger string of cemented casing In conformity with prescribed procedure, the string or combination of 

strings shall be considered as the fresh water prolecllon. 

(2} In areas where abnormal pressures are expected or encountered, the surface and/or intermediate casing string shall be anchored In sufficient 

cement, at a sulfteient depth to contain said pressures, and blowout prevenllon valves and related equipment shall be installed. 

Section 4. Wells Used for lnjecllon of Fluids. (1) The injection of fluids shall be accomplished through a tubing and packer arrangement with the 

packer set Immediately above the Injection zone, and the annulus between the tubing and casing shall be monitored by pressure sensitive devices. The 

Injection pressure shal be regulated to minimize the possibinty or fracturing the confining strata. Upon application, and after notice and hearing, a 

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805 KAR 1 :020. Protection of fresh water zones. Page 2 of2 

Yclrlance from this requirement may be granted by the director, upon a showing by an Individual operator that alternate prudent engineering practices 

shall result In fresh water protection. The following are exempted from the requirements of this section: 

(a) Injection offk.lids for the purpose of weP stimulation; and 

(b) Injection of gas for the purpose of storage. 

(2) Before Injecting Huids Into a well not previously permitted for injection purposes, the operator shall make application to the department lor an 

injection permit for said well. The application for a permit to drill. deepen or convert a well for the purpose of injection of Hulds shall include: 

(a) A statement by the operator as to whether the well is to be used for pressure maintenance, secondary recovery, tertiary recovery, gas storage or 

for disposal purposes; 

(b) The approximate depths of the knf1Wfl fresh water zones; and 

(c) A plat showing: 

1. The names of all lessees and lessors contiguous to the tract on which the injection shall occur, 

2. The Carter Coordinate location and the elevation of the well site; 

3. The geologic name and depth of the injection zone; 

4. At least two (2) surface features, by bearing and distance from the proposed well site, which appear on the U.S.G.S. seven and one-half (7 112) 

minute topographic map of the area; 

5. The name of said topographlc map and county; 6. The location of all known fresh water wells within a radius ol1.000 feet of the proposed injection well site; 

7. The location and completion and/or pklgging record of all wells whether producing or plugged, within a radius of 1 ,000 feet of the proposed 

injection wel site. 

(3) Prior to Injection into any wei, the operator shallfumlsh the department with a certlrteate Indicating that all requirements of this administrative 

regulation have been met. The certificate shar include the following: 

(a) The k:lentirtcatlon of said by permit number, operator's name, lease name, well number, carter Coordinate location, elevation and county; (b) The entire casing and cementing record, any packers and other special down hole equipment, and cement bond logs, II run; 

(c) The anticipated maximum bottom hole pressure (psi) and volume In barrels or cubic feet, per day; 

(d) The Identification of the Injection zone by geological name and depth (top and bottom of zone), the number of perforations if appHcable, or the 

interval of open hole; and 

(e) Certification by the operator that the mechanical integrity of the well has been tested. 

Section 5. Exemptions for Preexisting Wells. Any injection well In existence prior to the effective date of thls administrative regulation shall be 

exempt from the requirements of this administrative regulation until such time as in the opinion of the department, said well Is leaking fluids to other 

zones, or to the surface; provided, however, that this exemption shall not apply unless within one (1) year from the effective date of this administrative 

regulation. the operator files an area plat, or plats, showing all of such operator's injection and associated production wells. 

Section 6. Recordkeeping. The operator of an injecfon project shall monitor Injection pressures and volumes at least monthly, and shaU keep said 

records on file In his place of business lor the life of the project; plus five (5) years. The director may require more frequent monitoring, II in his opinion, 

good reason therefor exists. (4 Ky.R. 632; Am. 5 Ky.R. 112; elf. 8·2-78; 18 Ky.R. 187; 1020; elf. 9-25-91; TAm elf. 8-9-2007.) 
Section 2. General Information. Location plats for wells proposed to be drilled pursuant to the provisions of KRS Chapter 353 and the as-drilled 

location plat to be submitted after a well is drilled shall be prepared and certified In accordance with KRS 353.737. II the location of the well is 

known to be underlain by coal bearing stratum, the location plat for well proposed to be drilled pursuant to the provisions of KRS 353.590(4) shall be prepared In accordance with KRS 353.737 and certified by an engineer, as deHned in KRS 322.010(2) registered in Kentucky. If any plat 

submitted by an applicant Is determined by the department to be materially Inaccurate or Incomplete, the department shall require that a new plat 

be prepared and submitted. 

Section 3. Waiver. ( 1) A person shall not drill a well lor oil or gas within 150 feet of any building, unless: 

(a) A waiver of objection to the drilling is secured in the manner established below; or 

(b) The department, after notice and hearing, determines that the drilling and production of the well is not vlolative of the public policy set out In 

KRS 353.500. 

(2) The surveyor preparing the plat for a permit shall Indicate the location of a proposed well site relative to all buildings within 150 feet of the 

well site. 

(3) If an owner of a building located within 150 feet of a proposed well site waives objection to locating a well closer than 150 feet to the 

building, then a copy of the executed agreement of waiver shall accompany the application for permit 

Section 4. (1} A separate location plat shall be submitted with each application to drill, deepen, or reopen a well. 

(2) To ensure the division has accurate information regarding the location of a well drilled through a workable coal bed, a plat with the as·drilled 

location and elevation of the well shall be provided to the division pursuant to KRS 353.737 in addition to the well location plat submitted to drm a 

proposed well. 

Section 5. Plat Preparation. Location plats lor wells proposed to be drilled pursuant to the provisions of KRS Chapter 353 shall be prepared In 

the following manner: 

( 1} All plats shall be clearly legible and submitted on a sheet eight and one-half (8 1/2) by fourteen ( 14) Inches. This sheet may be: 

(a} Bond paper; (b) Tracing cloth; or 

(c) Tracing paper. 

(2) The well location plat shall: 

(a) Show the location of the proposed well relative to the two (2} nearest boundaries of oil and gas ownership, Including any subdivision of the 

lease; 

(b) Indicate all producing wells and permitted well sites within 1 ,000 feet of the proposed well site; and (c) Clearly display all distances in feet. 

(3} The location of the proposed well shall be shown on the plat, by bearing and distance, relative to two (2} permanent points/monuments that 

appear on the applicable USGS. seven and one-hall (7 1/2) minute; topographic quadrangle map, which permanent points/monuments Include 

though are not limited to road Intersections, bench marks, and buildings. A photocopy of a portion of the topographic quadrangle map showing the 

proposed well site shall be acceptable In lieu of ldentilylng the points/monuments on the plat. 

(4) The location of the well site shall be prepared with reference to either the Carter coordinate system, latitude and longitude, or the Kentucky 

coordinate system. 

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805 KAR 1:030. Well location and as-drilled location plat, preparation, form and contents. Page 2 of2 

(5) The elevation of the well site shall be determined by Instrument and calculation. Estimated topographic elevations shaH not be acceptable. 

(6} The plat shall be prepared to a scale or one (1) Inch equals 100,200,300, 400, 500,600, or 800 feet. 

Section 6. As-Drilled Plat location. Location plats for as-drilled wells shall be prepared In the following manner: 

(t ) M plats shall be clearly legible and submitted on a sheet eight and one-half (8 1/2) by fourteen (14) inches. Thrs sheet may be: (a) Bond paper: 

(b) Tracing cloth; or (c) Tracing paper. 

(2} The well location plat shall: 

(a) Show the location of the as-drilled well relative to the two (2) nearest boundaries or oil and gas ownership, Including any subdivision or the 

lease: 

(b) Indicate an producing wells and perm111ed well sites within 1 ,000 feet of the as-drilled well site; and 

(c) Clearly display all distances in feet. 

(3) The as-drilled well location plat shall provide coordinates In feet, using the NAD 83, with Single Zone Projection as the terms are delined In 

KRS 353.010, 

(4) The location or the as-drilled well shall be shown on the as-drilled well location plat, by bearing and distance, relative to two (2) permanent 

points or monuments that appear on the applicable USGS seven and one-half (7 1/2) minute: topographic quadrangle map, which permanent points 

or monuments Include though are not limited to road intersections, bench marks, and buildings. A photocopy or a portion or the topographic 

quadrangle map showing the proposed well site shall be acceptable in lieu of Identifying the points or monuments on the plat. 

(5} In adl;ition to the requirements of subsection (3) of this section, the location or the well site shall be prepared with reference to either the 

Carter coordinate system, latitude and longitude, or the Kentucky coordinate system. 

(6) The elevation of the well site shall be determined by Instrument and calculation. Estimated elevations shall not be acceptable. (7) The plat shall be prepared to a scale of one ( 1) Inch equals 1 00, 200, 300, 400, 500, 600, or 800 feet. 

Section 7. In addition to the data required In Section 5 of this administrative regulation, well location plats shall include the following information: 

(1) Operator; 

(2) Farm or lease name; (3) Well number: (4) County; (5) Scale at which the plat is drawn: 

(6) North direction; 

(7) legend: 

o - Proposed well site; 

• ·Oil well; 

(l - Gas well; 

0 ·Injection well; 

a • Plugged well; and 

a - Abandoned well, not plugged; 

(8) Date of preparallon of plat; 

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operators of producing oil wells on premises within 1,000 feet of the well or wells where the use of vacuum Is proposed, and shall set out In the notice 

the proposed strata or formatlon to which a vacuum Is to be applied and the location of the well or wells on which vacuum pumps are to be Installed. 

The applicant shall submit proof of such notice with the application, giving the names and addresses of all operators of oil Interests. 

Section 3. Upon receipt of the application and proof of notice the department shall hold the same for ten (1 0) days pending the fiHng of objections, 

and If none Is received at the end of such period, the application may be approved by the departmenl In event objection Is made and the department deems a hearing shall be had, notice shall be given to each objector and the applicant of the time and place designated by the department for such 

hearing. 

Section 4. The department shall have authority after notice and hearing as specified In Sectlon 3 of this administrative regulation to prohibit vacuum 

or to deny or revoke permission for the use of vacwm when, in its judgment, there Is danger of underground waste or infringement on correlative rights. 

The department shall have authority to grant permission when It finds a further recovery of oil can be obtained by use of vacuum without danger of 

underground waste and without substantial Injury to correlative rights. (OAG-Rg-3; 1 Ky.R. 633; elf. 4-9-75; TAm elf. 8-9-2007.) 

http://www .lrc.ky .gov/kar/805/00 1/040.htm 3/12/2015 
805 KAR 1 :050. Surety bonds; requirements, cancellation. Page 1 of 1 

805 KAR 1!050. Surety bonds; requirements, cancellation. 

RELATES TO: KRS 353.590 

STATUTORY AUTHORITY: KRS Chapter 13A, 353.540. 353.550 

NECESSITY, FUNCTION, AND Provide for methods of giving notice to operators and sureties of noncompUance. Establish 

requlrements of release, cance•at'on and forfeiture of bonds. 

Seclion 1. At any lime the department causes a notice of floncompliance Ia be served upon an operator (principal) pursuant to KRS 353.590(7), 

cop1es ol such notice shall be maRed by registered or certified mall to the surety company at the address provided to the Kentucky Office of Insurance 

for receipt of notices. The surety shall be a Herded the opportunity to act In behalf of the operator (principal) within the lime set forth in KRS 353.590(7) 

in regard to the proper plugging of the well or wells and submission of required welll log and completion reports. electric logs, II run, and plugging 

affidavits. Should the operator (principal) arid surety fail to comply within the lime provided lor In KRS 353.590(7) then and In that event only the bond 

shall be forfeited as provided in that section. 

Seclion 2. An indlvidual well bond sha11 be released upon too proper plugging of the well and the with the department of a plugging affidavit, 

wellllog and completion report and electric log, If run. A blanket borld shall be released upon the proper plugging of all wells of the operator (principal) 

covered by the bond. and the llling with the department of plugg:ng affidavits. well lOgs and completion reports and electric logs, II run, for such wells. 

Section 3. A blanket surety bond filed pursuant to KRS 353.590(5) may be by the surety by a communication in writing delivered 

persona1y or by reglstered or certified mail to the office of the Division of Oil and Gas, Department for Natural Resources, provided such cancellation 

shal be eHectlve only to relieve the surety from fiability under the bond lor weUs which permits have not been issued at the time of the recelpt of the 

notice by the department Uabllity under the bond for wells wh:ch permits have been Issued prior to the receipt by the department of the notice shall not 

be allected bythecancellalion. (OAG·Rg-6; 1 Ky,R. 633; elf, 4·9·75; Am. 18 Ky.A. 189; elf, 9·25-91; TAm elf, B-9·2007.) 
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purpose of recovering oil and gas. The permission for temporary abandonment may be renewed at the end of the two (2) year period by reapplication. 

All wells on which a temporary abandonment permit has been issued shall be cased and capped in such a manner so as to protect all potential oil 

and/or gas zones and fresh water. 

Section 2. Before any work Is commenced to plug and abandon any well the owner or operator thereof shall give notlce to the department of hls 

intention to abandon such wall. Notice shall be given In the manner specified by the departmenl A duly aU1horlzed representative of the department 

may be present at the lime and place specllied to supervise the plugging of such well. 

Section 3. Wells not drilled through coal-bearing strata may be plugged as follows: 

(1) The bottom of the hole shall be filled to the top of each producing formation, or a bridge shall be placed at the top of each producing formation, 

and In either event a cement plug not less than fifteen (15) feet In length shall be placed Immediately above each producing formation whenever 

possible. 

(2) A cement plug not less than fifteen ( 15) feet in length shall be placed Immediately below all fresh water bearing strata. 

(3) A plug shall be placed at the surface of the ground in each hole plugged in such a manner as not to Interfere with soli cultivation. 

(4) An uncased rotary hole drilled with the aid of Bquid shall be plugged with approved heavy mud up to the base of the surface string at which point 

a plug of not less than fifteen (15) feel of cement shall be placed. The hole shall also be capped similar to other abandoned holes. 

(5) Any wall In which casing has been cemented lrom surface to total depth and no casing can be pulled may be plugged as follows: The bottom of 

the hole shall be filled to the top of the producing formation and a cement plug not less than fifteen (15) feet In length shall be placed above this fill. A 

surface plug shall be placed as provided In subsection (3) of this section. No Intermediate plugs will be required. 

(6) The operator shall have the option as to the method of placing cement in the hole by: (a) Dumb bailer; (b) Pumping through tubing; 

(c) Pump and plug; or 

(d) Other method approved by the director. 

Section 4. Within thirty (30) days alter the plugging of any well has been accomplished, the owner or operator thereof shall file a plugging report with 

the department setting forth In detail the method used In plugging the well. Such report shall be made on a form provided by the department. 

Section 5. When the wall to be plugged may safely be used as a fresh water well, and such utilization Is desired by the landowner, the well need not 

be filled above the required sealing plug set below fresh water; provided, that written authority for such use Is secured lrom the landowner and filed with 

the department. 

Section 6. If a person falls to comply with this administrative regulation, any person lawfully In possession of land adjacent to or in the neighborhood 

of the well may enter on the land upon which the wallis located and plug the well in the manner provided in KRS 353.180(1) or this administrative 

regulation, and may maintain a civil action against the owner or person abandoning the well, jointly or severally, to recover the cost of plugging the well. 

This section shall not apply to persons owning the land on which the well Is situated, and drilled by other persons. (OAG-Rg-4; 1 Ky.R. 1 069; aH. 6-11-

75.) 

http://www.lrc.ky.gov/kar/805/001/060.htrn 3/12/2015 
805 KAR I :070. Plugging wells; coal-bearing strata. 

805 KAR 1 :070. Plugging wells; coal-bearing strata. 

RELATES TO: KRS 353.110.353.120,353.170,353.550,353.739 

STATUTORY AUTHORITY; KRS 353.540, 353.560 

Page 1 of2 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes tne department to promulgate administrative regulations to administer 

KRS 353.500 to 353.720. KRS 353.560 requifes the department to regulate the plugging of all wells. This administrative regulation Identifies the minimum acceplable requirement to plug, or temporarily abandon wells, drilled through coal-bearing sbata. 

Section 1. (1 ) Unfess written permission is obtained from the departmeot, an operator or owner shalf not permit any well drilled for oil, gas, salt 

water disposal, or any other purpose In connection with the production of oil and gas, to remain unplugged alter the well is no longer used lor the 

purpose for which it was drilled or converted. However, nothing shall prevent the department, upon applicatlon and for good cause shown, from issung a temporary abandonment permlt, for a period not exceeding two (2) years, to an operator to leave a well unplugged, and nothing shall alter 

the provisions of KRS 353.170 felative to u1illzing a well lor the purpose of Introducing air, gas, water, or other liquid pressure Into or upon the 

producing strata for lhe purpose of recovering oil and gas. The permission for temporary abandonment may be renewed at the end of the two (2) 

year period by feapplicatlon. All wells on wh[ch a temporary abandonment permit has been issued shall be cased and capped In a manner as to 

protect all potential oil and gas zones and coal beds shall be and vented in a manner so as to prevoot the accumulation of gas in the bore hole. 

(2) Pursuant to KRS 353.739, the Division of Oil and Gas Conservation shall order a well to be plugged and abandoned II: (a) The well's permit conditions cannot be satisfied by remediation; or (b) The operator Is not able to meet the ordered remediation. 

(3) If a weM Is ordered plugged and abandoned pursuant to KRS 353.739 then a temporary abaflclonment permit shall not be granted. 

Section 2. Prior to abandonment of a well drilled through a workable coal bed the well operator shall notify, by registered mail, the owner or 

owners of record and ressee or record and operators of the coal bed and the proper all and gas Inspector of the Intention to plug and abandon the 

well. The notice shall give the permit number of the well and Its and fix the time at which the work of plugging and filling will be 

commenced, the time not to be less than five (5) days after the day on which the notice Is received, or In due course should be received, by the 

department A representative or representatives of the coat operator or owner and of the department may be present at the plugging and filling of 

the well. Whether or not these representatives appear, the well operator may proceed, at the time fixed, to plug and fill the welt. When the plugging 

and filling have been completed, an affidavit setting forth the time and manner in which the well was plugged shall be made in by two (2) 

experienced men who participated in the work. The affidavit shall be made on Form ED-38. One (1) copy of the affidavit shall be retained by the 

well operator, one (1) mailed to each coal operator and each owner, and one (1) to the department. 

Section 3. If any well d1illed through a workable coal bed Is abandoned, It shall be plugged to a point forty (40) feet below the lowest workable 

coal bed, In the following manner; The hole shall be filled with mud, clay, or other nonporous material lrom the bottom to a point twenty (20) feet 

above the top of the lowest all, gas, or water-bearing strata, or a permanent bridge shall be anchored thirty {30) feel below its lowest oil, gas, or 

water-bearing strata, and from this bridge It shall be filled with mud, clay. or other nonporous material to a point twenty (20) feet above the strata, at which point there shall be placed a plug of cement or other suitable material that will completely seal the hole. Between this sealing plug and a point 

twenty {20) feet above the next higher oil, gas, or water-bearing strata, the hole shall be treated In a like manner and at that point there shall be 

placed another suitable plug, that will completely seal the hole. In a like manner the hole shall be filled and plugged or bridged, and plugged, 

with reference to each of Its oil, gas or water-bearing strata. If these strata are not widely separated and are free from water, they may be grouped 
operator, the coal operator, and the department. lithe parties cannot agree, the decision of the department shall control. 

Section 6. In this administrative regulation where mention is made of a "plug of cement or other suitable material", this shall mean hydraulic 

cement properly mixed with water only. This typed of plug shall fill not less than fifteen (15) feet of bore hole when placed. 

Section 7. In Section 2 of this administrative regulation the word "time" shall be both the hour and the day at which the work of plugging and 

filling will be commenced. 

Section B. II the well to be plugged may safely be used lor a fresh water well, and this utilization is desired by the landowner and is agreeable to 

the owner or operator of all coal-bearing strata beneath the location of the well, the well need not be filled above the required sealing plug set below 

fresh water; II wrillen authority lor the use Is secured from the landowner, and coal owner or operator, and filed with the department. 

Section 9. Within thirty (30) days alter the plugging of any well has been accomplished, the owner or operator of the well shall file a plugging 

report with the department setting forth In detail the method used In plugging the well. This report shall be made on form ED-38. 

Section 1 o. The operator shall have the option as to the method of placing cement In the hole by: 

( 1) Dump bailer; 

(2) Pumping through tubing; or 

(3) Pump and plug. 

Section 11. Care shall be taken to Insure that when the hole Is being filled with mud, clay, or other nonporous material that the hole does not 

bridge and prohibit the filling of the enUre hole as required. 

Section 12. Incorporation by Reference. (1) "Affidavit to time and manner ol plugging and filling well", Form ED-38, October, 2007, is 

incorporated by reference. 

(2} This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Oil and Gas Conversation, 1025 

Capital Center Drive, Suite 201, Frankfort, Kentucky 40602-2244, Monday through Friday, B a.m. to 4:30p.m. (OAG-Rg-5; 1 Ky.R. 1070; elf. 6-11* 

1975; 36 Ky.R. 188; 786; eft. 10-23-2009.) 

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805 KAR 1:080. Gas storage reservoirs; driJJing, plugging in vicinity. 

805 KAR 1:080. Gas storage reservoira; drilling, plugging In vicinity. 

RELATES TO: KRS 353.500,353.520,353.540,353,550, 353.560 

STATUTORY AUTHORITY: KRS 13A.100, 353,540, 353.670 

Page 1 of3 

NECESSITY, FUNCTION, AND CONFORMITY: Provides for the protection of the Integrity of gas storage reservoirs by requiring certain techniques 

of driLSng, casing, operating and plugging be applied when operating In the vicinity of gas storage reservoirs. 

Section 1. Purpose. Rules and administrative regulations set out herein are designed for the protection of gas storage reservoirs which are natural 

resources ol the state, and no person, firm or corporation shall cause physical damage to, or create a hazardous condiUon threatening the existence of 

such a reservoir in any manner as to make any such reservoir less susceptible for use lor gas storage. Any wei penetrating, drilled to a geologic stratum overlying, and drilled In the vicinity of an underground gas storage reservoir sha"l be malntained at all times in such a manner as will both: 

(1) Exclude the encroachment of oil, gas or water Into such reservoir; and (2) Protect such reservoir from a blowout or waste of gas during the drilling of and after complelion and/or plugging of such weN, 

In addition, lhls administrative regulation has as Its purpose the equitable adjustment of correlative rights of gas storage owners and oil and gas 

operators and U shall be Rberally construed to give effect to such public policy. 

Section 2. DeRnltlons. (1) "Gas storage reservoirs" are special geologic and geometric elements of underground strata which are or can be so 

arranged and situated as to be recognized as uselul lor the retention, Injection, storage and recovery of gas therefrom on a commercial service level. 

(2) "Underground gas storage• Is the utilization of subsurface strata and associated facilities lor storing and withdrawing gas held tn place for the 

primary purposes of conservation, fuller utinzation of pipe!ine faciliHes, and more effective and beneficial service of gas to the pubic, 

{3) "Gas storage operator· Is any corporation. partnership. or indlvldual who is engaged In the work of preparing to Inject, or who Injects gas Into, or 

who stores gas in, or removes gas from, a gas storage reservoir, and who owns the right to do so, including but not limited to those engaged in 

transporting and delivering such gas In public service. 

(4) "Well operator" is any person who proposes to or does locate, drill, operate or abandon any well. (5) "Well" Is any borehole drilled or proposed to be drilled. deepened or reopened lor which a permit Is required by KRS 353.570(1 ). 

Section 3. Establishment of a Gas Storage Reservoir. (1) Before any area may be declared to contain one or more gas storage reservoirs for the 

purpose of this administrative regulation the gas storage operator shall me with the Director of Oil and Gas Conservation as lo each such reservoir, a 

certificate of convenience, issued by the Federal Power Commission or its successor, If such Is Issued, a certificate of convenience issued by the 

Kentucky Public Service Commission or its successor, If such Is issued,. or a declaration ol intent, round by the department to be bona fide. prepared by 

the gas storage operator to develop a gas storage facility. The above cited flling shall be accompanied by a map, prepared on the scale of one (1) inch 

equals 2.000 feet and using the appropriate seven and one-half (7 1/2) minute topographic map as the base, which outlines In detall the properties on 

whlch storage rights have been or are being obtained, whether by purchase or condemnation, and an oudine of the storage reservoir protection zone as 

suggested by the storage operator. This protection zone shall be no wider than 2,000 feet lrom the nearest property on which gas storage rights have 

been or are being obtained and the width shaU be subject to the approval of the department based on the characteristics of the reservoir and the 

maximum anticipated storage pressure. 

(2) The required map shall be remed at any time that storage rights on additional acreage are acquired or at any time that acreage on which storage 

rights have been acquired is eliminated. 

(3) No gas shan be moved and stored until the above cited filing Is made with the director. This does not Include moved and stored gas which ls to 
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and meet the approval of the department. All changes agreed upon in the drilling or such well shall be set out on an amended application for permit to drill by the well operator and filed with the department within a reasonable period of time alter the hearing. The department, upon receipt ol the amended application, shall issue to the well operator a drilling permit approving the drilling of such well. If the gas storage operator and the well operator are unable to agree at the hearing, the department shall, in view of the purpose and Intent of KRS Chapter 353, issue to the well operator a 

permit to drill such well either as originally proposed or with such added or corrective program as the department deems appropriate to protect the 

underground gas storage reservoir and prevent the loss of gas therelrom without unnecessarily restricting drilling operations. 

(2) II the gas storage operator and the well operator cannot agree on the program under which the well is to be drilled, completed and plugged, the 

department shall in Its order specify what costs, if any, in excess of costs normally expended in the drilling, completion, and plugging of the well shall be 

borne by the gas storage operator and shall specify when and In what manner payment for such costs shall be made. 

(3) The gas storage operator may waive objections by letter, telegram, or telephone, provided such telephone notice or waiver Is followed by a 

written waiver, to the department on any one (1) well, group ol wells, all wells to be drilled by a well operator, all wells to be drilled in a specific area or 

on a specific lease. If such waiver or waivers are filed with the department, and the department having determined that the public interest Is being served, the department shall issue the permit without delay. 

Section 7. Notice to Well Operator. The gas storage operator shall give to the well operator a notice or Intention to drill, deepen, or reopen a well in 

the manner provided for in Secllon 4 of this administrative regulaHon. Notice shall be required only to the well operator In possession at the time rights 

of storage are acquired or his successor in Interest If the latter notifies the gas storage operator In writing of his acquisition. The well operator shall have 

the same rights and obligations as does the gas storage operator with respect to objections and hearing as detailed In Section 6 or this administrative 

regulation. 

Section B. Notice of Intention to Plug Wells. (1) Prior to the abandonment of a well drilled through or which penetrates an underground gas storage 

reservoir, or which Is drilled through or which penetrates the same stratigraphic horizon as the gas storage reservoir In the storage reservoir protectlon 

zone, the well operator shall notify the gas storage operator and the department of their Intention to plug and abandon the well. The notice shall be timely and reasonable in order that representatives of the gas storage operator and the department will have the opportunity to be present at the 

plugging and filling of the well. Whether or not such representatives appear, the well operator may proceed, at the time fixed in his notice, to plug and Iii 

the well. 

(2) Upon receipt of notice of Intention to plug, the gas storage operator may, at his optlon, and after determining from the well operator the physical 

condition of the well, elect to plug the well or bear the entire cost of plugging. The option may be exercised only lor the purpose of plugging the well l:f 

the option Is exercised, the gas storage operator shall notify In writing both the well operator and the department of his election. The well operator shall then advise In writing both the gas storage operator and the department the condition of the well, any equipment or pipe that may be In the well and the 

existence and type of any equipment or materials that have been lost In the hole. Upon receipt by the department of the notice required of the gas 

storage operator and the advice required of the well operator, the department shall cause the well operator's bond to be released and the well shall be 

placed under the bond of the gas storage operator. 

(3) When the plugging and liiHng have been completed, an affidavit setting forth the time and manner In which the well was plugged shall be made 

by two (2) experienced men who participated In the work. The affidavit shall be made on forms furnished by the department. One (1) copy or the 

affidavit shall be retained by the person that caused the well to be plugged, one (1) malted to the gas storage operator or the well operator and one (1) 

to the department. 

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805 KAR 1:080. Gas storage reservoirs; drilling. plugging in vicinity. Page 3 of3 

Section 9. Drilling Against High Reservoir Pressures. Whenever posslbte, the driiHng Into or through storage reservoirs will be conducted when the 

reservoir pressure Is equal to or less than the original formation pressure and such original fonnatlon pressure shall be provided by the gas storage 

operator. 

Section 1 0. Nothing In this administrative regulation shall be construed to prohibit a well operator or a gas storage operator from drilling a well that 

he would otherwise have the right to drill. (O&G·M&M·7; 1 Ky.R. 1071; eH. 6-11·75.) 
(3) 

Direc1or

 means the Director of Oil and Gas Conservation as provided In KRS 353.530; 

(4) "Commission" means the Kentucky 011 and Gas Conservation Commission as provided In KRS 353.565; 

(5) "Person" means any natural person, corporation, assoclation, partnership, receiver, governmental agency subject to KRS 353.500 to 353.720, 

trustee, so-caUed common-law or statutory trust, guardian, executor, administrator or fiduciary of any kind; 

(6} "Correlative rights• means the reasonable opportunity of each person entitled thereto to recover and receive without waste the oil and gas In and 

under his tract or tracts, or the equivalent thereof; 

(7) "Oil" means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, which are produced at the well In liquid form by 

ordinary production methods and which are not the result of condensation of gas after It leaves the underground reservoir; 

(8) "Gas" means all natural gas, Including casinghead gas, and all other hydrocarbons not defined above as oil; 

(9) "Pool" means an underground reservoir containing a common accumulation of on or gas or both. Each productive zone of a general structure 

which Is completely separated from any other zone In the structure, or which for the purpose of KRS 353.500 to 353.720 may be so declared by the 

department, Is covered by the word "pool" as used herein; 

(10) "Field" means the general area which Is underlaid or appears to be underlaid by at least one (1) pool; and "field" Includes the underground 

reservoir containing oil or gas or both. The words "field" and "pool" mean the same thing when only one (1) underground reservoir Is Involved; however, 

"field" unlike "pool" may relate to two (2) or more pools; 

(11) "Just and equitable share or production• means, as to each person, an amount of oil or gas or both substantially equal to the amount of 

recoverable oil or gas In that part of a pool underlying his tract or tracts; 

(12) "Well" means a borehole drilled, or proposed to be drilled, lor the purpose of producing natural gas or petroleum, or one through which natural 

gas or petroleum Is being produced, or a borehole drilled or proposed to be drilled for the purpose of Injecting any water, gas or other fluid therein or one Into which any water, gas or other Huld is being Injected; 

(13) "Deep well" means any well drilled and completed below the depth or 4,000 feet or, In the case of a well located east of longitude line eighty· 

lour (84) degrees thirty (30) minutes, a well drilled and completed at a depth below 4,000 feel or below the base of the lowest member of the Devonian 

Brown Shale, whichever is deeper; 

(14) "Operator" means any owner of the right to develop, operate and produce oil and gas from a pool and to appropriate the oil and gas produced 

therefrom, either for himself or lor himself and others; In the event that there Is no oil and gas lease In existence with respect to the tract in question, the 

owner of the oil and gas rights therein shall be considered as "operator" to the extent of seven-eighths (7fB) of the oil and gas In that portion of the pool 

underlying the tract owned by such owner, and as "royalty owner" as to one-eighth (1/8} Interest in such oil and gas; and In the event the oil is owned 

separately from the gas, the owner of the right to develop, operate and produce the substance being produced or sought to be produced from the pool 

shall be considered as •operator" as to such pool; 

(15) "Royalty owner" means any owner of oil and gas In place, or oil and gas rights, to the extent that such owner is not an operator as defined In 

subsection ( 14) of this section; 

(16) "Drilling unit" generally means the maximum area in a pool which may be drained efficiently by one (1) well so as to produce the reasonable 

maximum recoverable oil or gas In such area. Where the regulatory authority has provided rules for the establishment of a drillfng unit and an operator, 

proceeding within the framework of the rules so prescribed, has taken the action necessary to have a specified area established for production from a 

well, such area shall be a drilling unit 

( 17) The singular shall include the plural, and the mascutine gender shaillnclude the feminine and neuter. 

Section 2. Rules of Procedure. (1) Rules, administrative regulations, and orders of the commission of general, or statewide, effect shall be 

submitted, published, and reviewed In accordance with KRS Chapter 13A. Hearings on such rules, administrative regulations, or orders shall be held, In 

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accordance with KRS Chapter 13A. 

(2) Rules, administrative regulations, or orders other than those of general, or statewide, effect. Including but not limited to orders establishing 

drilling units, pool or field-wide units, or special field rules, shall be adopted only alter notice and hearing In accordance with these rules and consistently 

with provisions of KRS 353.500 to 353.720. 

(3) All hearings before the commission shall be open to the public. Hearings shall be called by the commission for the purpose of taking an action in 

respect to any matter within Its jurisdiction upon its own motion or upon the request or application ol any Interested party. Applications or requests for 

hearing (except as otherwise provided herein) shall be written and may be In the form of a letter, shall be brief and concise, shall state In general terms 

the matter upon which action of the commission Is desired, the Interest of the applicant, or person making the request, the action sought, and the 

reasons therefor. 

(4) The director shall maintain a docket book, and all applications or requests for hearings and all hearings called on motion of the commission shall 

be docketed and given a docket number, and a lile carrying such number shall be opened by the director. An applications for hearing, a copy of the 

notice of hearing, together with proof of Its publication, the originals of all Instruments, documents, plats, and other data filed In connection with the 

hearing or the subject matter thereof, a transcript of all evidence taken at the hearing, the originals or copies or all correspondence with the commission 

concerning such hearing or the subject matter thereof shall be stamped with the docket number of the hearing and placed and kept in the file carrying 

such number. The docket book and all files pertaining to hearings shall be open to the public at an reasonable limes but shal not be removed from the 

custody of the commission or Its employees. Copies ol all such Instruments, documents, plats, other data, and correspondence shaW be furnished to 

any Interested party upon payment of the cost or making such copies. All notices of hearing shall refer to the docket number thereof. Copies or 

applications for hearing shall be furnished by the director to any person upon request 

(5) AD hearings shall be held In Lexington, Kentucky, unless otherwise ordered. 

(6) Upon receipt of a proper request or application lor hearing, the commission shall call a hearing within thirty (30) days, and alter such hearing and 

with all convenient speed, and In any event within thirty (30) days after the conclusion of the hearing, shall take action with regard to the subject matter 

thereof. 

(7) Notice or all hearings shall be given by publication, as authorized by KRS 353.680, In accordance with KRS Chapter 424. When required by 

KRS 353.651 or 353.652 to give personal notice to all persons reasonably known to own an Interest in the oil and gas In an area to be unitized or for 

which special field rules are proposed, the commission shall give such notice by registered mail unless a person has given a mailing address as 

provided In subsection (8) or this section. 

(8) The director shall maintain a general mailing list and shall place thereon the names and addresses of all persons, firms, or corporations who 

make request in writing to be included on such t.st. Each person, firm, and corporation on such maiHng Ust shall be mailed by lirst class mall at the 

address listed a copy or all notices and orders Issued by the commission. The director shaD maintain a mailing list for each field In the state containing 

deep wells and shall place on each such &st the names and addresses of all persons, firms, or corporations who make request in writing to be included 

thereon. Each person Included on the mailing list or any lield shall be mailed by first class mall at the address listed a copy ol all notices and orders 

issued by the commission as to such field. The failure to mail a copy of a notice to any such person, lirm. or corporation shall not affect the validity of 

any hearing held pursuant to the notice published In accordance wnh subsection (7) of this section or any rule, administrative regulation, or order issued 

pursuant to such hearing, unless such person Is one reasonably known to own an Interest In the ail and gas in an area to be unitized and lor which 

speciallield rules are proposed and Is thus entitled to personal notice by KRS 353.651 or 353.652. When a person entitled to personal notice ol a 

hearing has requested to be praced on either the general or a field mai!ing list, a notice mailed by first crass mail to the address given shall constitute 

compliance with KRS 353.651 or 353.652, as the case may be. 

(9) Notices of all hearings shall state the lime and ptace of the hearing, the name of the party requesting the hearing, the nature thereof. the action 

sought, and the docket number. 
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(18) In all noncontested matters or In contested matters where those parties who appear in person at the hearing agree thereto, sworn affidavits 

may be received In evidence. The commission reserves the right to reject any and all such affidavits and to require the affiant to appear in person. 

(19) The materiality, relevancy, and competency of any testimony or other evidence shall be subject to challenge by any party to the hearing or by 

any member of the commission. When so interposed, such objecllons shall be acted upon by the chairman or by the acting chairman, his ruling thereon 

being subject to change by a majority vote of the commission members then sitting. 

(20) All persons presenting exhibits shall file a total of eight (8) copies with the reporter. All suggested forms of orders shall be presented In 

quintuplicate. These requirements may be waived by the commission. 

(21) The commission shall from llme to time by order entered on Its minutes appoint a competent shorthand reporter. All hearings shall be recorded 

by a reporter appointed by the commission and sworn faithfully to discharge his duties in accordance with law and lhe direction of the commission. The 

reporter shall transcribe hearings only upon order or the commission. When such an order has been entered, transcripts shall be available lor 

Inspection at the office of the commission In Lexington, Kentucky and transcripts shall be available for purchase by interested parties from the reporter 

at rates prescribed lor transcripts of evidence In circuit court proceedings In Kentucky, whether ordered transcribed by the commission or not 

(22) Regular monthly meetings shall be held by the commission on the first Friday of each month. Where circumstances permit, the commission, 

after sounding the docket, shall first call up and dispose of all noncontested matters and motions for continuance. 

Section 3. Permitting and Spacing of Wildcat Wells. (1) "Wildcat well" means either a deep well drilled with the Intent of discovering and producing 

hydrocarbons from a formation or formations not previously productive of oil or gas from a well within 25,000 feet of Its location, or a well drilled under 

such proven geological conditions that, even though located less than 25,000 feet from the nearest deep well previously productive of oil or gas, will 

not, II completed successfully, produce from a previously productive pool. Proof supporting permitting of a well located less than 25,000 feet from the 

nearest deep well previously productive of oil or gas should be submitted to the director with the permit application; the director may, however, require 

additional proof. If a deep well encounters a formation or pool as to which ills not a wildcat well, it may not be produced unless It Is otherwise in 

compfiance with the permit requirements and spacing regulations for other wells In that formation or pool. The director may, In his discretion, grant 

permission to test previously producing formations encountered In the drilling of a wildcat well and may fix such conditions as, in his judgment, will protect the formation or formations tested and the rights of the operator of any well or wells producing therefrom. If the director grants permission for 

such testing, he shall inform the other members of the commission ln writing of his action. 

(2) Within ninety (90) days following the completion of testing by surface production test of a well shown to be capable of production of oil or gas, or 

within ninety (90) days of completion as a producible well, whichever occurs first, the operator thereof shall file with the commission a plat showing a 

proposed unit for the well conforming to the rules provided in Section 4( 1) of this administrative regulation. 

(3) No additional permits will be Issued lor the pool until a proposed unit plat is filed, and when the plat is filed for a wildcat well or any subsequent 

wells, no permits shall be Issued which will violate the Integrity of the proposed unit or the spacing regulations established by Section 4(2) to (4) of this 

administrative regulation. 

Secllon 4. Spacing of Deep 011 and Gas Wells. (1) If a permit is requested for a deep gas well other than a wildcat well or a wei drilled on a unit 

previously formed by the commission, the appHcatlon shall include a plat showing a proposed unit comprising a square with sides of 3,500 feet if the 

well is to be drilled to a depth less than 7,000 feet and with sides of 5,000 feet if the well is to be drilled to a depth of 7,000 feet or more. II the permit is 

lor a deep oil well, the proposed unit plat shall comprise a square with sides of 1,750 feet if the well is to be drilled to a depth of less than 7,000 feet and 

2,500 feet II the well is to be drilled to a depth ol7 ,ooo feet or more. The first proposed unit lor a pool shaa be delineated so that the forming one (1 ) 

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side of the square Is a base line running from south to north parallel to the Kentucky Coordinate System. All other north-south lines for that proposed 

unit and any addiHonal units for the same pool shall be drawn parallel to the base lino. 

(2) Except as provided In subsections (4) and (5) of this section no deep gas well drilled to a depth less than 7,000 feel shall be located within 1,072 

feet of the boundary of the proposed unit, and no deep gas well drilled to a depth of 7,000 feet or more shall be drilled within 1,532 feet of the boundary 

of the proposad unit. 

(3) Except as provided in subsections (4) and (5) of this section no deep oil well drilled to a depth less than 7,000 feet shall be located within 536 

feet of the boundary of the proposed unit, and no deep oil well drilled to a depth of 7,000 feet or more shall be drilled within 766 feel of the boundary of 

the proposed unit 

(4)(a) Upon receiving evidence showing a necessity therefor, the director may In his discretion grant permits with the following limitation on well 

location: 

1. A deep oil well at a depth less than 7,000 feet may be located no closer than 438 feel to the boundary of the proposed unit 

2. A deep oil well at a depth of 7,000 feet or more may be located no closer than 625 feet to the boundary of the proposed unit. 

3. A deep gas well at a depth of less than 7,000 feet may be located no closer than 875 feet to the boundary of the proposed unit. 

4. A deep gas well at a depth of 7,000 feet or more may be located no closer than 1 ,250 feel to the boundary of the proposed unit 

(b) The director shall not grant a permit under the provisions of subsection (4)(a) of this section except In the presence of evidence which 

reasonably substantiates that the proposed location is jusUfled by either topographical or geological conditions. Upon granllng such a permit, the 

director shall inform the other members of the commission of his action in writing. 

(c) Prior to the time a certificate of compliance is granted and a well is produced other than for the purpose of testing, the director shall determine 

whether a hearing is necessary for the purpose of taking any special action that may be requ!red to offset any advantage resulting from the location of 

the well according to the permit and thus protecting correlative rights of others with Interests In the pool. If It Is determined that speciat action Is 

necessary, the director shall call a hearing. 

(5)(a) Exception locations varying from the limitations provided in subsections (2) to (4) of this section may be granted If the commission determines, 

after notice and hearing, and the facts clearly support the determination, that a proposed unit or a previously formed unit Is partly outside the pool, or, 

lor some other reason, a well located In accordance with the statewide rules could not reasonably be expected to be producUve or topographical 

conditions are such as to make the drilling at such a location unduly burdensome. An application fOf an exception location shall be accompanied by a 

plat drawn to the scale ol not smaller than 1 :12,000 accurately showing to scale the proposed location of the well according to the Carter Coordinate 

System and all other deep wells within two (2) locations of the proposed location. The application shall be verified by some person acquainted with the 

facts. 

(b) When an exception location Is sought on lhe ground of topographical conditions, It must be shown that the commission can eHectively oHset any 

advantage to the applicant accruing from such variation. 

(c) Whenever an exception Is granted, the commission shall take such concurrent action as may be required to offset any advantage to the 

applicant and thus to protect the correlative rights ol others wilh Interests in the pool. 11 the proposed unit or already formed unitls o11ess acreage than 

that prescribed by the applicable spacing rule lor a regular unit, whether proposed or formed according to special field orders for the pool In question, 

such special unit shall be allowed to produce only in the proportion that the acreage content of such special unit bears to the acreage content of a 

regular unll. 

(6) No portion of a proposed unit, or unit formed by order ol the commission upon which a well Is located shall be attributed, in whole or in part, to 

any other drilling or producible well in the same pool. 

(7){a) Unless authorization to intentionally deviate and directionally drill is granted by the commission. every weD shall be drilled in such a manner 

that at any measured depth the actual or apparent location of the well bore shall be within a circle whose center Is the surface location and whose 
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days, the operator thereof shall apply for and obtain a certificate of compliance from the director. The application, which must be verified, shall disclose 

Information adequate to satisfy the director that: 

(a) All working Interests In the drilling unit or proposed unit are Identically owned, or have been pooled by voluntary agreement or order of the 

commission, or that the well may be produced without vlolallng the correlative rights of any owner In the unit; and 

(b) The operator In the location, drilling, and completion of the well has complied with the conseiVallon laws of the Commonwealth and the rules and 

administrative regulations established by the Director of the Division of Oil and Gas and the commission applicable thereto. 

(2) A certifiCate of for a well for which a unit has not been established may be conditioned by the director by limiting Its duration to a 

period of not more than 180 days unless a unit has been established and separately owned tracts have been pooled voluntarily or by order of the 

commission. 

Section 6. Application lor Special Aeld Orders. (1) When a new pool is penetrated and a well is proven by surface production test to be capable of 

Pfoducing oil or gas in paying quantities, the operator thereof shall, within 120 days alter the test is completed or alter the well Is completed as a 

producible well, whichever occurs first, or within sixty (60) days of the completion of a confirmallon well in the pool, whether drilled by him or another 

operator, apply lor a hearing to Issue special field orders governing the spacing of wells and establishment of units In the pool. 

(2) An application for special field orders shall contain a plat showing all wells In the pool affected and the unit or units Pfoposed lor the pool. 

(3) If upon testing a discovery well an operator believes that the confirmaUon well should not or cannot reasonably be located In accordance with the 

statewide spacing rules, he shall Pfoceed by applying for a hearing to obtain an exception location. 

Section 7. Poo6ng of Interests In Units Established by Order of the Commission. {1) An applicant lor a hearing to Issue special field orders for a new 

pool or otherwise to establish a drilling unit, or any Interested party, may request that the commission pool the Interests of the owners and the royalty 

owners In any unit or units established as a result of the hearing. A request to pool separately owned tracts concurrently with the establishment of a unit or units must be submitted with the application for the hearing, or sufficiently In advance to Include notice of the request In the notices of hearing. When 

In Its judgment It Is necessary, the commission may on Its own motion Include the pooling of separately owned tracts In the notice of a hearing to 

establish a unit or units. 

(2) If separately owned tracts are not pooled as a result of the hearing to establish a unit or units, any Interested party may request pooling at any 

subsequent time; provided, however, that if the owners and royalty owners have not agreed to pool their Interests within 120 days of the Issuance of a 

certificate of compliance, the operator of the well shall apply for a hearing to issue a pooHng order. 

Section a. Reformation of Drilling Units. (1) Drilling units formed by the commission may be reformed upon notice and hearing as required by KRS 

353.651, to exclude Pfevlously Included acreage or to Include new acreage, or both. 

(2) A request for a hearing to reform drilling units must specify that there Is new geological or geophysical data which will form a basis for the 

requested reformation and generally describe the source and nature of the data. Units will not be reformed In the absence of such data Generally, "new 

data" must be data not In existence at the lime of the hearing resulting In the formation of the units proposed for reformation. Aelnterpretatlon of data existing at the Ume of the prior hearing will not seiVe as a basis for reformation. (1 Ky.R. 1403; Am. 2 Ky.R. 155; ell. 8-13-75.) 

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805 KAR 1: 110. Underground injection control. Page 1 of JO 

805 KAR 1:110. Underground Injection control. 

RELATES TO: KRS 353,180(3), 353.510,353.520, 353.550, 353.570(1), (2), 353.590,353.992, 40 C.F.R. 146.6, 42 U.S.C. 300j-6 

STATUTORY AUTHORITY: KRS 353.540,353.550, 353.560,353.592 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the Department for Naturat Resources to administer and enforce the 

provisions of KRS 353.500 to 353.720. The waste of all and gas ls prohibited by KRS 353.520, which provides that prohibited waste includes the 

unreasonable damage to underground fresh or mineral water supply, workable coal seams, or other mineral deposits In the operations for the 

discovery, development, production, or handling of oil and gas.; the wmecessary or excessive surface loss or destruction of oil or gas or their 

constituents; and the drowning with water of ally stratum or part thereof capable of prOY!dlng oil or gas In paying quantities, except for secondary 

recovery purposes, or in hydraulic fracturing or other completion practices. KRS 353.592 authorizes the department to develop a regulatory 

program lor the purpose of accepting primary responsibility lor the admirlistratlon of the Underground Injection Contfol Program. this administrative 

regulation establishes requirements lor the drilling, casing, operation. plugging, construction, conversion, and maintenance of Class II wells and the 

protection of fresh water zones from contamination associated with the production of oil and gas. 

Section 1. Definitions. The definitions contained ln KRS 353.510 and the following additional definitions shall apply to this administrative 

regulation: 

(1) "Administrator" means the regional administrator for Region IVai U.S. EPA. 

(2) "Aquifer" means an underground geological formation, group of formations, or part of a formation !halls capable of yielding a slgnl<ficant 

amount of water to a wen or spring. 

(3) "Area of review- means that area within not less than a fixed radius of one-fourth (1/4) mile around an Injection well, except that at the option 

olthe permit applicant, the area of review may be deemed to be the zone of endangering Influence calculated In accordance with 40 C.F.R. 146.6. 

(4) "Casing" means a pipe or tubing of appropriate of varying diameter and weight, lowered Into a borehole during or after drilling In 

order to support the sides of the hole and prevent the walls from caving, to prevent loss of drilling mud or fluids into porous ground or to prevent 

water, gas, or other fluid from entering or leaving the hole. 

(5) "Cementing" means lhe operation In which a cement slurry Is displaced around the casing's annulus using approved engineering methods. (6) "Class II well" means a well which Injects fluids: (a} are brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production and may be 

commingled waste waters from gas plants which are an Integral part of production operations, unless those waters are classified as a 

hazardous waste when Injected; 

(b)' For entlanced recovery of oil or natural gas; or (c) For storage of hydrocarbons which are liquid at standard temperature and pressure. (7} "Commercially producible" means a wen which may be used commercially lor the production of oil and gas or lor Class II Injection. 

(B) "Confining zone" means a geological formation, group of formations, or part of a formation that Is capable ollimltlng lluid movement above 

an Injection zone. 

(9) •cootamlnant" means any physical, chemical, biological, or rad:ologlcal substance or matter In water. 

(10) •Date of primacy" means the effective date of the Admlnls!Ialo( s approvaj of Kentucky's Underground Injection Control (UIC) Program 

made pursuant to Section 1425 of the Safe Drinking Water Act as codified In 42 U.S.C. 300h-4. 

(11) "Division" means the Kentucky Division of 011 and Gas Conservation. 

(12) "Endangerment" means that an Injection operation may result In the presence of a contaminant In ground water. which supplies or may 
penetrating that formation by the placement or cement plugs In the wellbore. 

(26) "Project" means a group of wells In a single operation. 

(27) "Public water system• means a system lor the provision to the public of piped water lor human consumption, lithe system has at least 

fifteen (15) service connections or regularly serves at least twenty•five (25) Individuals. 

(28) "Underground source of drinking water or "USDW' means an aquifer or its portion, which Is not an exempted aquifer and which: (a) supplies any public water system; or (b) contains a sufficient quantity of groundwater to supply a public system; and 

1. Currently supplies drinking water lor human consumpllon; or 

2. Contains less than 10,000 mglllotal dissolved solids. 

(29) "Well" means a borehole drilled, or proposed to be drilled, lor the purpose of: (a) Producing natural gas or petroleum, or one through which natural gas or petroleum Is being produced; or (b) Injecting water, gas, or other fluid or one Into which water, gas, or other fluid Is being produced. 

Section 2. General. (1) A person shaQ not dril a Class II well without first obtaining a permit to drill pursuant to KRS 353.570(1) and (2). 

(2) A person shall not Inject fluids to the subsurface through a Class II well without the authorization of the division In the form or a permit issued 

pursuant to Secllon 11 of thls administrative regulation. 

(3) The owner or operator of a Class II well shall maintain financial responsibility and resources to close, plug, and abandon the underground 

Injection operation pursuant to the requirements in Section 8 of this administrative regulation. 

(4) The fee requirements for an application to drill a new Class II Injection well pursuant to KRS 353.590(2)(a) shall suffice lor and be applicable 

to the permit to Inject. 

(5) The permit to operate any Class II wei may be transferred to a successor only alter notice is given to the division on the Well Transfer for 

UIC Wells, Form ED-26, and shall include at least the following: 

(a) The original operator's company name and address; (b) The successor's company name and address; 

(c) The permit number of the well; 

(d) The Carter Coordinate location; (e) The farm name and well number; (f) Signatures of the original operator and the successor or that of their official representatives; and 

(g) A statement that the successor assumes all responsibility lor the well and provides financial responsibility pursuant to Section 8 of this 

administrative regulation. 

(6) A Class II well with an outstanding noncompliance shall not be transferred, unless the successor Is willing to correct deficiencies and submit 

a corrective action plan which Is approved by the division pursuant to subsection (11) of this section. 

(7) A Class II well shall be plugged In the manner established In 805 KAR 1 :060 and 805 KAR 1 :070, whichever is applicable. 

(8) An Injection permit shall not be issued unless the applicant demonstrates that the Class II well will not cause the endangerment of a USDW. 

{9)(a) If the casing and cementing of a Class II weR Is inadequate and movement ol fluids cause the endangerment of a USDW, the division 

shall require the owner or operator of a well to take necessary corrective action. 

(b) Corrective action shall be completed within ninety (90) days of notification from the division to the owner or operator. (c) ln)ecllon shall not be authorized until the corrective action has been completed and mechanical integrity has been demonstrated. 

(10)(a) In administering and applying this administrative regulation, the division shall, as practicable, lake Into account the varying geologic, 

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hydrological, and historical conditions In dilferent areas within the state. 

(b) The division may, if consistent wilh other provisions ol this section, upon submldal of the Class II We11 Permit AppHcatlon lor Underground 

Injection ContrOl', Form ED·14 and alter notice and hearing, grant a variance lrom any requirement subsection (8) ol this section upon a 

demonstration that alternate prudent engineering practices will protect a USDW. 

(11) The division may modify, suspend, or revoke a Class II well permit If the Injection operation Is altered In a way that does not adequately 

protect the USDW or If a mechanical integrity failure or downhole condition compromises the Injection system. 

Section 3. Exempted Aquifers. An aquifer or a portion thereol which meets the criteria established In this section for a USDW may be 

determined by the division to be an •exempted aquifer" If It meets the following criteria: 

( 1) It does not currently serve as a source of drinking water; and 

(2) It cannot now and will not In the future serve as a source of drinking water because: 

(a) It Is mineral, hydrocarbon, or geothermal energy producing, or may be demonstrated to contain minerals or hydrocarbons that, considering 

their quantity and location, are expected to be commerclatly producible; 

(b) It Is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically Impractical; (c) It Is so contaminated that It would be economically or technologically impractical to render that water fit for human consumption; or (d) The total dissolved solids content of the groundwater Is more than 3,000 mg/1, and less than 10,000 mg/1 and ills not reasonably expected to 

supply a public water system. 

Section 4. Requirements Applicable to Class U Well Permits. Authorization to Inject nulds through a Class II well shall be conditioned upon 

compliance with the following requirements: 

(1)(a) The owner or operator shall promptly notify the director In writing of any moclilicatlon in the manner In which the injection operation Is 

conducted or of any mechanical failure or downhole problem encountered In the operation of the Class II well or upon recognition of a failure In an 

injection system. 

(b) The well or wells which appear to be leaking shall ba shut down Immediately and correction procedures shall be lnltlated within filteen (15) 

days, or the permit to Inject may be revoked under appropriate conditions. 

(c) The prescribed notice to the director shall describe all proposed modifications or corrective actions and shall be subject to the approval of 

the director. 

(2) The owner or operator shall afford the dilector, or his authorized representative(s) upon proper presentallon of credentials, access to Cfass 

II wells and relaled facilities lor the purpose of conducting Inspections, mechanical integrity tests, corrective action operations and 

plugging procedures, and testing samples ol lnjected fluids. 

(3)(a) The owner or operator shall regulate the Injection pressure In a manner so that the pressure In the injection zone does 1lOt Initiate new 

fractures or propagate existing fractures In the confining zone that would cause the movement of injected fluids Into a USDW. 

(b) The division may, If necessary to ensure compliance with this requirement, estab1ish limitations on the wellhead pressure at which a Class 11 

well may be operated. 

(c) Any limitation shall be Included as a permit condition or through an order Issued alter notice and opportunity for hearing. (4)(a) The owner or operator provide for the mechanical integrity of the well by operating without leaks In the casing, tubing, or packer and 

without Ruid movement into a USDW through vertical channels adjacent to the well bore. 

(b) The owner or operator shall, upon request of the division. conduct tests of the mechanical Integrity of the Class II weP, ut1Uzlng a method 

approved by the division as required In Section 6 of this administrative regulallon. 
surface. 

(d) Tubing shall be installed In the casing with a packer set at a depth not to exceed fifty (SO) feet above the injection zone. 

(e) The owner or operator shall provide a detailed description of the casing plan on the Casing and Cementing Plan for UIC Wells, Form ED·25, 

and submitted with the Class II Well Permit Application for Underground Injection Control, Form ED·14 lor permit to Inject 

(f) The casing plan shall be approved by the director and shall Include a listing of the casing size, type, grade, depth of each casing string, and 

the class and volume of the cement to be used. 

(2)(a) An active oil and gas well or an abandoned or plugged well reopened lor the purpose of conversion to a Class II injection well, shall 

satisfy the requirements for cementing of a Class II well. 

(b) If perforation of existing casing Is required to satisfy the cementing requirements during the conversion of the well to a Class II well, a tubing 

and packer shall be installed In the existing casing to the area Immediately above the Injection interval, not to exceed fifty (50) feet above the 

Injection Interval. 

(3) A Class II disposal well shall be designed to ensure that disposal zones are hydraulically Isolated from USDW. 

(4) The owner or operator shall provide the division with all required geophysical logs and results of tests conducted during the drilling and 

completion of a Class II well that specifically relate to the USDW,the confining zone adjacent to It, and the Injection and adjacent formations, and 

shall include the following: 

(a) A geophysical log marked to Indicate all fresh water zones, the confining zone and the injection interval; (b) A geologic description of the confining and Injection zone that shall include the lithologic description, geologic name, and thickness; and (c) 1. A report describing the nature of fluids and formation pressure in the Injection zone. 

2. This information may be obtained from geophysical logs, physical examinations of samples and cores, and chemical analysis, and shall be 

prepared by a professional geologist registered in the state of Kentucky. 

3. The owner or operator may substitute Information from nearby wells If comparable to the injection well, and In the case of an area permit, if 

sufficient Information is available lrom wells within the field to adequately describe the whole field. 

Section 6. Mechanical Integrity Requirements for Class II Injection Wells. 

(1)(a) Operators shall demonstrate mechanical integrity of new and existing Class II injection wells. 

(b) The owner or operator shall submit a plan to demonstrate mechanical Integrity with the application for permit to inject. (2} An injection well is determined to have mechanical Integrity If: (a) There are not leaks In the casing, tubing, or packer; and (b) There is not fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore. (3) One (1) ol the following methods shall be used to evaluate the absence of significant leaks under subsection (2)(a) of this section: 

(a) Following an Initial pressure test, monilorlng of the tublng and casing annulus pressure with sufficient frequency to be representative, as 

determined by the division, while maintaining an annulus pressure different from atmospheric pressure measured at the surface; 

(b) A pressure test shall be performed with liquid or gas; or 

(c) Records of monitoring demonstrating the absence of significant changes In the relationship between injection pressure and InJection flow 

rate for the following Class II enhanced recovery wells: 

1. Existing wells completed without a packer provided that a pressure test has been performed and the data Is available and provided further 

than one (1) pressure test shall be performed at a time when the well Is shut down and II the running of the test does not cause further loss of 

significant amounts of oil or gas; or 

2. Existing wells constructed without a long string casing but with surface casing, which terminates at the base ol fresh water, provided that 

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805 KAR 1: 110. Underground injection control. Page 5 of 10 

local geological and hydrological features allow this construction and provided further that the annular space shall be visually Inspected. For these 

wells, the division shall prescribe a monitoring program, which shall verify the absence of significant fluid movement from the Injection zone Into an 

us ow. 

(4) One (1) of the fol!owing methods shall be used to confirm the absence of fluid movement under subsection (2)(b) of this section; (a) The results of a temperature log or noise log, cement bond log; (b) Cementing records demonstrating the presence of adequate cement to prevent a migration; or (c) other methods approved by the administrator. (S)(a) The mechanical integrity test shall be performed on the annulus of the tubing and casing. 

(b) A minimum pressure of 300 psi shall be applied to the annulus of the tubing and casing. 

(c) The well is considered to have mechanical integrity II, at the end of thirty (30) minutes, there is no more than a ptus or minus of three (3) 

percent change of the test pressure on the gauge. 

(d) A mechanlca11ntegrity test shall be witnessed and approved by a division field Inspector. (e) The division may require higher test pressures to be used when the anticipated injection pressure wiD be high. 

(f) The test results shall be filed on the Certificate of Mechanical Integrity, Form ED-22. 

(6)(a) The owner or operator of a Class II well shall schedule at five (5) year Intervals or less, mechanical Integrity test as described In 

subsection (5) of this section. 

(b) The owner or operator shall certify the test results to the division In writing within fifteen (15) days of completion of the test. 

(7)(a) The owner or operator shaD not perform mechanical lntegrlty test of a Class II well without giving written notice to the division within 

fifteen (15) calendar days prior to the proposed test date. 

(b) The division shall then notify the owner or operatOI' of the earliest possible date available to test the well. 

Section 7. Area of Review for Class II Wens. The owner or operator shall supply the following Information If applying for a permit to Inject 

pursuant to Section 11 of this administrative regulation: 

( 1) A description of the area of review which shall be determined by: 

(a) A fixed radius of one· fourth (114) mile around the Injection well, Of one-fourth (114) mlle around the permit area boundary; or (b) The zone of endangering Influence calculated in accordance with 40 C.F.R. 146.6 for an area of review less than one-fourth (1/4) mile. (2) A map showing the following Information within the area of review; (a) Existing producing wells, Injection wells, abandoned wells, dry holes, and water wells; (b) Surface and subsurface mines, quarries and other pertinent surface features Including tesldences, roads, and faults; and 

(c) The distribution manifold applying injection fluid to all wells in the area of review Including all system monitoring points, for those Injection 

wells, If operating from a common manifold; 

(3) The following data lor wells within the area of review: 

(a) A tabulation of data, reasonably available from public records or otherwise known to the applicant, Including a description of well type, 

construction, date drilled, location, depth, record of plugging or completion, and applicable additional information; and 

(b) The record of completion and plugging for each well which penetrates the Injection zone, and any other wells within the area of review wells 

which would be affected by any proposed Increase In pressure If the Injection well Is to be operated over the fracture pressure of the Injection 

formation; and 

(4)(a) For wells in the area of review which are Improperly sealed, completed, or abandoned, a corrective action plan which consists of steps or 

modifications as necessary to prevent movement of fluid Into underground sources of drinking water. 
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Section 9. Transitional Requirements for Owner or Operators of Class II Wells. 

(1)(a) The division shall accept a Class II well permit, including rule authorized wells, issued under the authority of the EPA administered 

program. Rule authorized wells shall be deemed permitted by the division, provided the owner or operator satisfies the requirements this section. 

(b) The division shall: 

1. Accept records from EPA ol all authorized wells; and 

2. Create an inventory ol approved existing wells. 

(c) The financial responsibility demonstration required in Section 8 ol this administrative regulation and the submission of the plugging and 

abandonment plan in Section 10 of this administrative regulation shall be completed within ninety (90) days following the effective date of primacy. 

(d) If the existing bond posted with EPA meets the requirements ol Section 8 of this administrative regulation and is transferable to the division, 

the transfer ol the bond shall be accepted by the division. 

(2)(a) The owner or operator ol a Class II well having a mechanical Integrity test approved by EPA shall remain on the same schedule of 

mechanical Integrity tests, upon the effective date of primacy. 

(b) A copy of all documents showing approval by EPA of the well's mechanical Integrity and a copy of all forms, test data, and logs required by 

and submitted to EPA shall be submitted to the division within ninety (90) days or the effective date of primacy. 

(3) The owner or operator with a pending application submitted lor Class II wells under the EPA program may transfer a pending application to 

the division and shall satisfy the permitting requirements In Section 11 of this administrative regulation upon the effective date or primacy. 

Section 10. Plugging and Abandonment or Class II Wells. (1) A Class II well shall be plugged In accordance with 805 KAR 1:060 or 605 KAR 

1:070, whichever Is applicable. 

(2) The owner or operator shall notify the division In writing thirty (30) days prior to plugging and shall schedule with the division inspector a time 

and date lor performing the plugging procedure. 

(3) The Inspector shalt schedule the earliest dale available. (4) Upon completion of the plugging, the owner or operator shall me a plugging affidavit on Form ED·38. 

(5) After cessallon or operations of two (2) years, the owner or operator shall plug and abandon the well in accordance with the plan, unless a 

notice Is sent to the division describing actions or procedures that the owner or operator shall take to ensure that the well will not cause the 

endangerment of a USDW during the period of temporary abandonment. These actions and procedures shall include compliance with the technical 

requirements app6cable to active Injection wells unless waived by the division. 

Section 11. Requirements lor a Permit to Inject Into a Class II Well. All persons seeking a permit to inject into a Class II well shall, alter the 

effective date of primacy, comply with the requirements of this section. 

(1) A person shall not Inject fluids into the subsurface through a Class II well without obtaining a permit to Inject. (2) An application for a permit to Inject shall be submitted on form ED-14 and shall Include: 

{a) A statement by the owner or operator as to whether the well will be used for enhanced recovery, hydrocarbon storage, or for disposal 

purposes; 

(b) The approximate depth or the deepest known freshwater zone. (c) In accordance with 805 KAR 1 :030, a location plat lor a permit to Inject into a Class lllnjectlon well. (d) An area of review map prepared on a 7.5 minute quadrangle topographic map and including: 

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805 KAR 1:110. Underground injection control. 

1. The location of all known freshwater wells; 

2. The location and completion or plugging record of all wells, whether produdng or plugged; 

3. The location of hazardous waste treatment or disposal fadiiUes; 

4. The location of rivers or streams; 

5.The location of quarries and surface and subsurface mines; 

6. The location of and 

7. The location of permanent residences; 

(e) A schematic diagram of the well showing the following: 

1. The total depth of the plugback of the wen; 

2. The depth of the Injection or disposal interval; 

3. The geologlcal name of the injection or disposal zone; 

4. The geotoglcal name, thickness, and description of the confining zone; 

5. The vertical distance separating the uppermost extremity of the injection zone from the base of the lowest USDW; 

6. The depth of the lop and the botlom of the casing and the cement; 7. The size of the casing and tubing and the depth of the packer; and 

8. The depth to the base of the lowermost underground source of drinking water; 

(I) For the conversion of an existing well, a copy of the completion report and any available geophysical log of the well; (g) Proposed operating data as follows: 

1. The geolog'cal name, depth, and location of the source of the injection fluid; 

Page 7 of 10 

2. A standard laboratory analysis ol a representative sample of the fluid to be Injected under the proposed Class II permit, with the following 

parameters, as contained in 40 C.F.R. 136.3 and 40 C.F.R. Part 261 Appendix Ill: 

a. Barium if sulfate Is less than 500 mg/1; 

b. Calcium; 

c. Total Iron; 

d. Magnesium; 

e. Sodium; 

I. Bicarbonate; 

g. pH; 

h. Specific Gravity; 

i. Carbon Dioxide; 

j. Total Dissolved Solids; and 

k. Hydrogen Sulfide If H2S odor Is detected. 

3. A material safety data sheet for inhibitors II added to the injection fluid for control of scaling, corrosion, or bacterial growth; 

4.a. The nature of the annulus fluid to be used in the annulus between the tubing and casing. 

b. This description shall Include the type of lluid to be used a.nd the corrosivity of the annulus fluid. 

c. The amount of inhibitor to be added shall be 

5. The J)Joposed maximum injection rate and pressure. The owner or operator shall limit injection pressure to either a value: 

a, That does not exceed a maximum Injection pressure at the wellhead calculated to assure that the pressure during Injection does not initiate 

new fractures or propagate existing fractures in the confining zone adjacent to an underground source of drinking water and will not cause the 
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proprietors, or other persons authorized to execute documents on behalf of the applicant. 

(4) With respect to an application, Class II Well Permit Application for Underground Injection Control, Form ED-14, lor a Class It well, an 

applicant shall personally or by certified mall submit a written notification describing the proposed well to each of the following persons, II the described property Is located within one-quarter (1/4) mile of the proposed well: 

(a) The owner or operator of each well for oil and gas purposes, Including a well having temporary abandonment status under this 

administrative regulation or not yet In production; 

(b) The permittee of an underground mine permitted under KRS Chapter 350; and 

(c) Each owner of rights to surface or subsurface property that the well penetrates. 

(5)(a)1. The notification required under this subsection shall specify that a person who wishes to object to Issuance of the permit shall, within 

thirty {30) days of receipt of the notification, submit written comments or request a hearing. 

2. The notification shall Include the address to which written comments or the hearing request shall be forwarded and where additional 

Information may be obtained. 

(b)1. In addition to the notification required under this subsection, the applicant shall cause a notice of a permit application to be placed In a 

newspaper of general circulation In the county where the proposed wallis located. 

2. Individual and publication notices shall include: 

a. The name and address of the applicant; 

b. The locatlon of the proposed well; 

c. The geological name and depth of the Injection zone; 

d. The maximum Injection pressure; and 

e. The maximum rate of barrels each day. 

3. The notice shall specify that a person who wishes to object to issuance of the permit may, within thirty {30) days of publication of the 

notification, submit written comments or request a hearing. 

4. The notification shall include the address to which the written comments or hearing requests shall be forwarded, how a person may receive 

written notlce of the proceedings, and where additional information concerning the proposed permit may be obtained. 

5. Proof of service of the notirlcatlon required In this subsectlon shall be delivered to the division before a permit for a Class II well shall be 

Issued. 

{6)(a) The owner or operator shall verbally notify field inspectors five (5) days before all mechanical integrity tests are performed. 

{b) A written notice shall be given to the division fiheen (15) days before the tests are performed as required In Section 6(7) of this 

administrative regulation. 

{7}(a) The permit to inject Into a Class II injection well shall remain valid for the life of the well or project. 

(b) The permit may be terminated if the well or project is in violation of this administrative regulation and applicable provisions of KRS Chapter 

353. 

{c) The owner or operator shall comply with the requirements of all applicable administrative regulations. 

Section 12. Completion and Monitoring Reports. (1) The owner or operator shall upon completion of construction of a Class II well file with the 

division a Certificate of Completion for an Injection Well, Form ED-23, within ninety {90) days of final construction. 

(2)(a) The owner or operator shall file an annual report of monthly monitoring of Injection fluid volumes, injection pressure, and casing annulus 

pressure on Form ED-18, on the twenty-eighth day ol January for the previous twelve (12) months. 

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805 KAR I: 110. Underground injection control. Page 9 of 10 

(b) The owner or operator shall retain an records on file fOI' a period of five (5) years. 

(c) The owner or operator of a liquid hydrocarbon storage or enhanced recovery well may monitor them by manifold monitoring on a field or 

project basis rather than on an Individual weU basis II the facilities: 

1. Consist of more than one (1) Injection welll; 

2. Operate with a common manifold; and 

3. Provided the owner or operator demonstrates to the director that manifold monitoring Is equivalent to individual monitoring. 

(3) The owner or operator permittee of a Class II Injection well shall notify the director In writing within thirty (30) days of the termination or 

operations at which lime the permit to inject shall expire. 

Section 13. WO!'kover of Class II Wells. (1) The owner or operator shall notlly the division within ninety (90) days of a well workover, logging, or 

testing that may reveal downhole conditions. 

(2) The owner or operator shall submit a Well Rework Report, FOI'm ED-4, documenting the activity within thirty (30) days following the 

completion olthe rework. 

(3) If the packer unseats during the workover, a mechan1cal Integrity lest shan be conducted under the provisions or Section 6 of this 

administrative regulation. 

(4) Injection shall not be allowed until an approved mechanical integrity test has been performed. 

Section 14. Procedures lor Public Participation in Enforcement Actions. Upon receiving a compialntfrom the public, Interested parties or others, 

tile division shall: 

(1) Investigate and provide written response to all citizens complaints submitted regarding any concerns for the endangerment of an 

underground source of drinking water; 

(2) Not oppose Intervention by any citizen when permissive Intervention Is authorized pursuant to KRS 353.1 60(3). 

(3) Publish notice of and provide at least thirty (30) days lor public comment on any proposed settlement of a division enforcement action 

beyond the fO!'Ieiture of a bond for a Class II well. 

Section 15. Confidentiality of Information. (1) Information submitted to the dMslon pursuant to this administrative regulation may be claimed as 

confidential by the submitter. A claim of conHdentiality shall be asserted upon submission in the manner prescribed on the application form or 

instructions. Other submissions shall be stamped with the words "confidential business information· on each page containing conlidenlial 

information. If a claim is not made at the time of submission, the division may make the information available to the public without further notice. 

(2) Claims of confidentiality shall not app1y to: (a) The name and address of any permit applicant or permittee; (b) Information regarding the existence, absence, or level of contaminants In drinking water; and (c) Records directly by statute to be disclosed or published. 

Section 16. Penalties. An owner or operator In violation of the requ!rements of this administrative regulation shall be subject to the penalties 

established in KAS 353.992. 

Section 17. Primacy. The provisions of this administrative regulation shall become effective upon the date of primacy, on or after which a Class 

II well shall be subject to the requirements of this administrative regulation and shall be exempt from Sections 4, 5, and 6 of 805 KAA 1:020. 
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805 KAR I: 120. Operating or deepening existing wens and drilling deeper than the pennitted... Page I of I 

805 KAR 1 :120. Operating or deepening existing wells and drilling deeper than the permitted depth. 

RELATES TO: KRS 353.520 

STATUTORY AUTHORITY: KRS Chapter 13A, 353.540,353.550, 353.560, 353.570, 353.590 

NECESSITY, FUNCTION, AND CONFORMITY! KRS 353.550 requlres the Department for NatlKal Resources to regulate the drilling and operation 

of all wells, while KRS 353.590 requires it to regulate the drilling of a well past the permitted depth. Thls adminlstrative regulation estatinshes the 

requirements to operate a wttll and drill deeper than the permitted depth. 

Section 1. Definitions. The definitions contained in KRS 353.510 and the fohowlng additional definitions shall apply to this administrative regulation: 

(1) "Deepening" means the driiMng deeper of any existing well where new drilling is to proceed past the depth at which lhe lnltial drilling of the well 

ceased. 

(2) "Operating a well" means to reenter. reopen, deepen. drill, Inject into. produce, attempt to produce, or work over, any well. 

Section 2. Permit Required. The operator shall obtain a permit to operate any well If the well Is in violation of applicable standards and the 

department has forfeited the bond for noncompliance. 

Section 3. Permit Not Required. An operator may operate an existing well if he an acceptable well transfer on form ED·13 and bonding as 

required in KRS 353.590(5) II the conditions in subsections (1) and (2) of this section apply. The wen transfer form, E0 -13. revised April 4, 1990, js filed 

and Incorporated herein by reference. Copies may be obtained from the Department lor NatUial Resources, P.O. Box 14090, Lexington, Kentucky 

40512-4090, Monday through Friday, Bam. to 4:30p.m. 

(1) The well is producing or capable of producing, not abandoned and no l in violation of applicable standards; or 

(2) The well has been abandoned by the previous operator, but the current operator's sole intent is to reenter the well for the purpose of properly 

plugging and abandontng it 

Section 4. Permit Required for Deepening. The operator shall obtain a new permit prior to deepening any well II the original permit is more than one 

(1) year old or the original well was drilled prior to the permitting requirements of the department, and shall not drill until the permit is Issued. 

Section 5. Permit Not Required ror Deepening. The permitted operator may deepen an existing well II the permit Is not more than one (1) year old 

and if the well has not been drilled past the permitted and bonded depth. 

Section 6. Drilling Deeper Than the Permitted Depth. An operator may drill deeper than the permitted depth of the welll provided that he brings his 

permit into compliance within the time and condiUons set forth below: 

(1) The operator shall notify division personnel that he has drilled deeper than the permitted depth the next official work day of the department (2) The operator shall, within ten (10) days of drilling deeper than the permitted depth, amend his permit to the depth to which he has dril!ed. (3) The operator shall, within ten (1 O) days of drilling deeper than the permitted depth. submit additional bonding required to satisfy KRS 353.590(5). 

(4) The operator shall not driU deeper than the permitted depth If such drilling causes the to be in noncompliance with the we:l spacing 

standards set out in KRS 353.610. 

Section 7. A directional or horizontal well or a deep well shall not be deepened without prior approval of the director or a permit therefor being 
(3) 

Blow-out preventer (BOP)

 means a device Installed on the surface or Intermediate casing to prvvent the escape of pressure either In the 

annulus between casing and drill pipe or In the open hole without drill pipe and which Is used during drilling operations. 

(4) "Casing (casing string)" means steel tubes or pipes installed In a well. (5) "Cement" means hydraulic cement properly mixed with water or with additives approved by the director, and which Is used to fill the annulus of 

casing string(s) or to plug the well. 

(6) "Deep well" means any well drilled and completed below the depth of 4,000 feet or, In the case of a well located east of longitude line eighty-four 

(84) degrees thirty (30) minutes, a well drilled and completed at a depth below 4,000 feet or below the base of the lowest member of the Devonian 

Brown Shale, whichever Is deeper. 

(7) "DES" means the state Disaster and Emergency Services Office under authority of the Department of Military Affairs In Frankfort, Kentucky with 

regional offices throughout the Commonwealth. 

(8) "Intermediate casing" means one (1) or more strings of pipes Installed In a well In addition to the surface casing In which each string Is smaller In 

diameter than the previous. 

(9) "Long casing string• means the last casing installed in a well to be used for production or injection purposes. 

(10) "Surface casing• means the first and largest diameter casing Installed In a well and its primary uses are to make the bore hole stand up and to 

protect the fresh water zones. 

( 11 ) "Zone" means a layer ol strata capable of producing or receiving fluids. 

Section 2. When an application for a deep well permit Is submitted to the department, the operator shall prepare a detailed drilling and casing plan 

on Form ED·7 for the review by and approval of the department This casing and cementing form dated August 1, 1991 Is Hied and Incorporated herein 

by reference. Copies of this form may be obtained from the Department for Natural Resources, P.O. Box 14090, Lexington, Kentucky 40512-4090, 

Monday through Friday, 8 a.m. to 4:30 p.m. This plan shall Include the following: 

(1) A drafted schematic showing the hole size and depth of each casing string. The freshwater string shall be set at least thirty (30) feet below the 

depth recommended by the department; If fresh water Is encountered during drilling operations deeper than such recommended depth, the freshwater 

casing shall be set at least thirty (30} feet below the actual freshwater depth. All freshwater casing strings shall be circulated when they are set before 

drilling commences. 

(2} A description or the type, size and grade of casing to be used and the manner In which the annulus of the casing string and well bore will be 

cemented to protect all fresh water, coal, mineral, and oil and gas producing formation In the area proposed for drilling. The volume, class, additives 

and weight of the cement to be used shall also be described. 

(3} II drilling fluid is used, It shall comply with BOS KAR 1 :020, Section 2(1 )(c). 

Section 3. The operator shall Install a blow·out prevention device capable of withstanding a WDI'klng pressure of 1500 psi and a test pressure of 

3000 psi. A description of this device and Its installation shall be included with the drilling and casing plan required In Section 2 of this administrative 

regulation. The BOP equipment shall be in place at such time as the well Is drilled past the depth at which II becomes a deep well. A test shall be performed at regular intervals to ensure the BOP will operate atlts rated capacity, and the results of such test(s) shall be kept at the drill site and made 

available to department personnel upon request. 

Section 4. The director may waive the requirements lor a BOP established In Section 3 or this administrative regulation If the operator submits a 

written request for such a waiver that Includes: 

(1) The geologic formations to be drilled through; and 

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(2) A history of driNng in the vicinity of the proposed wen with pressure meaS\Jfements that show gas pressures were not encountered at such levels 

to require the BOP equipment; and 

(3) The maximum anticipated gas pressure In the proposed well. 

Section 5. The operatot' shaR obtaln written inslrUclions from the department prior to plugging the well and the department shall approve the 

commencement of plugging opefatlons. Upon the department's request, the operator shall submit a well log and completion report and any geophysical 

logs used lor preparing plugging Instructions. 

Section 6 . The department shall be notified verbally within forty-eight (48) hours of any mechanical !allure or other diffiCUlty which may jeopardize 

the p!ugging operation or mechan:callntegrlty of the well encountered while conducting any operation or production of a deep provided, however, 

DES or the department shall be Immediately notified whenever there are any wei !allures or blow·outs which pose the Nkelihood ol Imminent 

envlronmental damage or danger to the public. The operator shall correct any and all such dllflcultles with due diligence. 

Section 7. An operatot' In noncompliance with the requirements ot this administrative regulation is subject to penalties pursuant to KRS 353.991. (18 

Ky.R. 234; Am. 1022; ell. 9-25-91 : TAm elf. 8-9·2007.) 
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(3) "Blow-out preventer (BOP)" means a device installed on the surface or intermediate casing to prevent the escape of pressure either In the 

annulus between casing and drill pipe or in the open hole without drill pipe and which Is used during drilling operations. 

(4) •casing" is defined by KRS 353.010(3). (5) "Deep well" is defined by KRS 353.51 0(16). (6) "DES" means the State Disaster and Emergency Services Office. 

(7) "Directional and horizontal drilling" means the science of directing a well bore along a predetermined course to a target located a given 

distance from the vertical. 

(B) "Directional survey" Is defined by KRS 353.010(8). 

{9) "Intermediate casing" means one (1) or more strings of pipes Installed in a well in addition to the surface casing In which each string is 

smaller in diameter than the previous. 

(10) "Intersection length" means the horizontal distance between the point at which the well penetrates the top of the intended formation and the 

end point within that formation. 

(11) "Long casing string" means the last casing installed in a well to be used for production or injection purposes. (12) "Measured depth" means the total depth measured In the well from the surface. (13) "Surface casing" means the first and largest diameter casing installed In a well the primary purpose of which Is to make the bore hold stand 

up and to protect the fresh water zones. 

{14) "True vertical depth" means the depth of the well from any point in the well being measured to the surface of the ground above the point 

being measured. 

(15) "Zone" means a layer of strata capable of producing or receiving fluids. 

Section 2. Information Submittal. (1) Prior to drilling a directional or horizontal well, the operator shall submit the following information: 

(a) An application form ED 1, for a permit to drill the well, with a cover letter from the operator making a request for drilling the horizontal or 

directional well; 

(b) Three (3) copies of a location plat satisfying the requirements of 805 KAR 1:030 (plan view), In addition to the following requirements: 

1. The surface location and proposed target formation with their respective "Carter Coordinates". 

2. The proposed course of the well. 

3. The Identification of the intersection length of the proposed well and the proposed producing formation(s). To avoid any conflicts with the 

spacing requirements, a dashed line shall be drawn around the Intersection length with regard to the spacing requirements in KRS 353.610 or, for 

deep wells, 805 KAR 1 :100 and KRS 353.651 and 353.652. This distance shall be clearly shown in feet; 

{c) A bond as required In KRS 353.590(5); and {d) An application lee of $300. 

{2)(a} In addition to the plan view required in this section, the operator shall submit three {3) copies of a plat which shows a vertical cross· 

section view of the area to be drilled by the well. 

(b) This cross-section shall be prepared from the proposed "predrill hole" directional survey compiled by the contractor responsible for the 

directional control mechanism and certified as required by 805 KAR 1 :030, Sections 2 and 7{1 )(k). 

(c) The cross-section shall include the area from the well site to the target made through the proposed course of the well. 

(d) The surface shall be located as zero in reference to the depth and the lateral distance from the well site and true vertical depths shall be 

shown for all of the following: 

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1. The klck·off point or selected depth at which the devlaUon Is started; 

2. The known coal seams to be Intersected; 

3. The pJoducing Interval; 

4. The proposed producing formation; and 

5. The proposed target. 

(3) When the permit Is Issued, the operator shall provide verbal or written notice to the department field Inspector at least forty·elght (46) hours 

In advance of the commencement of drilling operations. 

(4) Once the wen has been drilled and completed, the following shaD be submitted within ten (10) days from the date of completion: 

(a) Three (3) copies of an amended plan view of the well focation plat required In subsection (l )(b)1. through 3. of this section, with the actual 

course drilled, the kick-off point, and the actual target superimposed on the proposed well location pial. A correction In the target Carter 

Coordinates. If necessary, shall then be Issued by the department; 

(b) Three (3) copies of the side or cross-sectional view plat required In subsection (2)(d)1 through 5 of this section of this section shall be 

amended for the actual path of the well, showing the actual formallon(s), coal seams, target. kick-off point; 

(c) Copies of al directional surveys certified by the operator and the contractor responsible for the directional survey. This survey shaft be 

submitted for the entire well bore, and the operator shall be able to identify the path or depth of the well bore at any given time during and after the 

drifting of the directional or horizontal well. The survey points shall be made at each tool joint or at any intervals more frequent; and 

(d) On Form ED·8, the operator shan record the lateral offset from the well In feet and the true vertical depth lor the producing Interval and 

formation and the coal seam Intersections and their true vertical depth. 

(5) The operator shalt satisfy spacing requirements ol offset mineral boundary lines and between wellS for the actual drilled course of the well 

and Its end point and the Intersection of the well bore and the producing formations. 

(6) All coat operators or owners affected by the drilling of a direcllonat or a horizontal welt shall be provided a copy of the predrHI plat and cross· 

section plat described In subsections (1)(b) and (2)(b) ol thls section of this section as required by KRS 353.050 and 353.060. Within ten (10) days 

after the well Is drilled, the operator shall submit to the coal operator or owner the revised plats and deviation survey Jog required In subsection (5) 

of this section. 

(7) The requirements for a deep direclional or horizontal well shall satisfy those requirements set out In 805 KAR 1:100 and KRS 353.651 and 

353.652 regarding the appUcallon process and spacing units. Prior to the deep directional or horizontal well being drlUed, a hearing shall be held 

before the Kentucky Oil and Gas Conservation Commission. 

Section 3. When an application for a directional or hOfizontal permit is submitted to the department, the operator sha~ prepare a detailed drUtlng 

and casing plan on Form E0-7 for the review by and the approval of the department. The items requested In 805 KAR 1:130, Section 2(1), (2) and 

(3) shall be submlned with this plan. 

Section 4. The operator shalt Install a b!ow·out prevenlfon device capable of withstanding a working pressure ol 1500 psi and a test pressure ol 

3000 psi. A description of this device and its instattallon shalt be Included with the drilling and casing plan required In Section 3 of this administrative 

regulation. This BOP equipment shan be tested at Intervals necessary to maintain Its ability to operate at rated capacity. The results of these tests 

shall be kept at the drill site and made avairabte to department personnel at their request. 

Section 5. The requirements of 805 KAR 1:130, Sections 4, 5 and 6 shall also apply to this admin:stralive regulation. 

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(d) "May cause nash fire"; 

(e) "No trespassing": and (I) "Petroleum crude oil". (3) Symbol. A no smoking symbol with a cigarette crossed through shalt be displayed on each side of the words "no smoking or open flame". 

Section 3. (1) The sign shall use the numbEiflng system described In NFPA 704 "Standard System for the Identification of the Fire Hazards of 

Materials," which provides a classllicatlon and marking system lor Identification of a lire hazard. 

(2) A facility used lor the storage of oil shalt have a "health hazards" ranking of "1" identified by: (a) A black "1" at the nine (9) o'clock position In a blue square located In a square-on-point field; or (b) A blue "1" at the nine (9) o'clock position without the colored square. (3) A facility used for the storage of oil shalt have a "flammability hazards" ranking of "3" identified by: (a) A black "3" at the twelve (12) o'clock position In a red square located in a square-on-point field; or (b) A red "3" at the twelve (12) o'clock position without the colored square. (4) A facllity used for the storage of oil shall have a "reactivity hazards" ranking of ·o· Identified by: (a) A black ·o· at the three (3) o'clock position In a yellow square located in a square-on-point field; or (b) A yellow ·o· at the three (3) o'clock position without the colored square. 

Section 4. Dimensions and Coloration of the Sign. ( t ) A sign shall not be smaller than: 

(a) Seventeen (17) inches in height; and (b) Twenty-eight (28) inches in width. (2) The letter size for the required wording shall be as follows: (a) The word "dangEif" shall: 

1. Be In uniformly sized letters; and 

2. Not be less than three (3) Inches In height; 

(b) The words •no smoking or open flame" shall: 

1. Be in uniformly sized letters; and 

2. Not be less than one (1) Inch in height; and 

(c) The words set out in Section 2(2)(c) through (f) of this administrative regulation shall: 

1. Be in uniformly sized letters; and 

2. Not be less than one-half (1/2) Inch In height. 

(3) The "no smoking" symbol with a cigarette crossed through shall not be less than one and one-half (1 1/2) inches In height. (4) The NFPA numbers shall not be less than one-half (112) Inch In height. 

(5) The background color of the sign shall contrast with the foreground color of the letters and the NFPA numbers to make them clearly visible (e.g., 

white background with black letters). 

Section 5. (1) There shall be one (1) sign per: 

(a) Tank battery; or (b) Tank, ifthe individual tanks In a battery are controlled by more than one (1) operator. (2) A sign shall be: (a) Displayed at: 

1. Least five (5) feet from the ground; and 

2. The most visible location from the approach; 

(b) Properly maintained; and 

(c) Replaced If it Is: 

1. Illegible; 

2. Damaged; 

3. Vandalized; or 

4. Stolen. 

Section 6. Signs In Existence Prior to this Administrative Regulation. (1) A danger sign posted on a tank or tank battery prior to promulgation of this 

administrative regulation may be retained by an operator Jf: 

(a) He files a written petition lor a waiver seeking permission to retain the noncomplying sign; and (b) The prior sign is clearly displayed: 

1. On the tank or tank battery; and 

2. At the most visible location from approach; 

(2) A prior noncomplying danger sign shall be replaced with a sign that complies with this administrative regulation if it Is: (a) Illegible; (b) Damaged; 

(c) Vandalized; or 

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(c) Stolen. 

Section 7. Violations for Failure to Post a Sign. (1) Upon locating a tank or tank battery without a danger sign, the Inspector shall issue a notice of 

noncompUance to the last known operator. 

(2) The notice of noncompNance shall be mailed to the operator by certified mall, return-receipt requested. If the violation Is not corrected by the 

posting of a proper sign withln forty-five (45) days of his receipt of the notice of noncompliance, the operator shall be subject to the penalties set out In 

KRS 353.991. 

Section 8. Materiai ii'IC;Oip(ll'ated by Reference. (1) The following material is Incorporated by reference: NFPA Edition 704, "Standard System for the 

Identification of Fire Hazards of Materials", 1990 edition, Chapters 1-4 and Figure 6.1. 

(2) Th!s material may be examined or copied at the Kentucky Department for Natural Resources, 1025 Capital Center Drive, Suite 201, P.O. Box 

2244, Frankfort, Kentucky 40602-2244, Monday through Friday, 8 a.m. to 4:30p.m. (23 Ky.R. 3653; Am. 4180; 24 Ky.R. 88; elf. 7·9·97; TAm eff. 8-9-

2007.) 
Secllon 2. (1) The operations and reclamation proposal shall be filed on Form ED·10, entitled "Plan to Prevent Erosion of and Sedimentation from a 

Well Site". 

(2) In addition to the requirements set out in KRS 353.5901 , the following information shall be set out on Form ED·1 o: 

(a) The operator's and surface owner's names, addresses and telephone numbers, the county In which the well Is proposed to be drilled, and the 

wall number; 

(b) A listing or description of fertilizers and soil amendments and seed or trees to be planted for each affected area requiring revegetation treatment 

and the types and amounts per acre of seed and trees to be planted; and 

(c) A detailed drawing of the road, well location and proposed area of disturbance, which shall be in sufficient detail to allow ready ldentiftcallon of 

surface features and which shall satisfy the following requirements: 

1. The surface owner's tract(s) shall be Identified on the drawing, with the name of the surface owner II not listed on the legend, which drawing shall 

also Indicate the acreage to be disturbed; 

2. The drawing may be made over an enlarged section of the United States Geological Survey (USGS) 1 :24000 topographic map and may be 

enlarged to approximately 1"•400' and be submitted on an eight and one-half (8 112) inch by fourteen (14) inches sheet, using the symbols set out on 

Form ED-10. 

3. The drawing shall have a legend with the operator's and surface owner's names not listed on the map, the scale of the map, the well name and 

number, and the lease name. 

(3) Signatory sections lor the operator and surface owner shall be completed on Form ED-10 in the following manner: 

(a) The name and title, If any, of the operator shall be lndicaled and his signature notarized, which signature shall be either that of an offiCer of the 

company or of some other person who holds a duly recorded power of attorney to execute documents, a copy of which power of attomey shatl be 

wl1h the division. If the prospective operator Is an Individual, the signatory shall be In the same name as the applicant's or a power of attorney to 

execute documents shall be submitted to the division if the signatory Is someone other than the applicant; 

(b) The surface owner's name shall be Indicated and his signature notarized If he approves of the operations and reclamation proposal, together 

with any attachments submitted wl1h it. 

Section 3. Unsigned Reclamation Forms. If the owner of the surface of the severed minerals tract Is unwilling or lor some other reason has failed to 

execute Form ED-10, the operator shall file a written petition for mediation, together with the following, at the lime the application for permit Is filed, in accordance with KRS 353.5901: 

(1) A copy of the certified mall receipt verifying that the operations and reclamation proposal, the statement required In KRS 353.5901(2)(b), and the 

plat were mailed to and received by the surface owner or, If not received, the original or a copy of the unclaimed envelope. A copy of the operations and 

reclamation proposal and the attachments enclosed in the envelope mailed to the surface owner shall also be Included. 

(2) If the surface owner cannot be reached at his last known address of record and certilled mall Is retumed as unde6verable or unknown, the 

operator shall publish a notice of intended activity, together with a request lor Information on the whereabouts of the surface owner, which publication 

shall be made two (2) consecutive times In a local newspaper in the county where the proposed well is located and once In a newspaper of general 

clrculatlon. A copy of the notice of intended activity and request for surface owner Information shall be Included when the operator his application 

for permit and shall include: 

(a) The name and address of the operator; (b) A brief description of the Intended activity as set out in the operations and reclamation proposal; (c) The surface owner must respond to this notice within fifteen (15) days of the second publication in the newspaper; and (d) A statement of where Interested persons may obtain additional information as to the operator's Intended activity. 

Section 4. Mediation of Dispute. (1) The surface owner may file with the division a request for mediation at any lime after he has received from the 

operator the proposed operations and reclamation proposal, but only alter the operator has filed his request for mediation and not later than the time set 

forth in the Notice of Request for Mediation provided by the department and mailed to the surface owner. The surface owner's request to participate in 

mediation shall include the mediation fee, In accordance with KRS 353.5901(2)(b). 

(2) If the surface owner does not file his mediation fee within the time and in the manner required in the Notice of Request for Mediation, he shall be 

deemed to have failed to satisfy the statutory requirements applicable to mediation, the mediator shall file a report noting the failure and recommend the acceptance of the operator's operations and reclamation proposal. 

(3) The mediator shall not settle damage claims or make any determinations regarding them In his report However, Information presented by the 

operator or surface owner as to costs incurred by either party as a result of the projected drilling and the loss of minerals or surface damage may be 

utiUzed by the mediator In recommending the placement of roads, pits or other construction and reclamation activities in a manner which has the least 

adverse surface Impact 

(4) If the operator withdraws his applfcation for a permit to drill, deepen, or reopen a well after receipt by the division of the surface owner's 

mediation fee, that fee shall be refunded to the surface owner. 

Section 5. (1) The construction of the well site, Including roads, pits, tanks, lines and other areas disturbed, shall be performed by the operator In 

accordance with the operations and reclamation proposal. All cuts and fills shall have side slopes that are stable for the soil or fill material involved. The 

vertical grades shall be as low as reasonably pracllcable and compaUble with topography. 

(2) If the well produces and the site Is kept open for long-term use for well servicing and lor oil and gas removal, the operator shall: 

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(a) Maintain access roads In a manner as to altow access by the operator without causing unreasonable settlement of the roadbed or slides of the 

cut slopes, and provide that maintenance in accordance with the operations and reclamation proposal; 

(b) Estabish drainage to adequately accept runoff from access roads, the weU site and other areas In a manner which preveniS unreasonable Interference with the surface owner's property, roads, farming operations, and buildings, and establish that drainage In accordance with the operations and reclamation proposal: 

(C) Repair access roads, the we~ site area, and pits damaged by eveniS as floods, landslides. or excessive settlement of the embankment as soon 

as practicable after the damage has occurred; however, the operator shall not be responsible for damage attributable to another party's use of the 

access road not relating to the driiHng, construction or operation of the well by the operator. 

Section 6. ( 1) The operator shalt provide written notice to the division when final reclamation and plUgging have been completed. 

(2) The bond required In KRS 353.590(5) shall not be released until a division inspector has made an Inspection of the well site one (1) year alter the date of the letter of notlrlcation from the operator of final reclamatton and p1ugging and has filed a report to the director documenting that the foltowlng have occurred: 

(a) All areas disturbed by the operator have been secured In a manner to prevent runoff, sedimentation, or settlement of the roadway, sliding of cut slopes or any fill material; 

(b) A diverse and effective permanent vegetative cover has been established; and 

(c) Any mailers relating to settlement, inadequate vegetative cover or erosion have been corrected. 

Section 7. Transfer of Wells having Existing Reclamation Ptans. (1 ) Prior to transfening a well located on a severed 

mlnerals tract and for which an 

approved operations and reclamation proposal Is on file with the division, the operator shan: 

(a) Provide the successor operator a copy of the approved reclamation forms and altachmeniS on file with the divislon before signing Form ED-13, "Well Transfer•; 

(b) Advise the successor operator of any reclamation responsibility the transfening operator had with regard to the wall and related surface 

disturbance; 

(c) Secure from the successor operator a letter Indicating he has received from the transferring operator a copy of Form ED-1 0 and that he Is willing 

to accept responsibility for the reclamation of the well site and other surface disturbances related to the operation of the well; 

(d) Submit to the division the executed Form E0-13, applicable fee. and the letter of the successor operator's agreement to accept responsibility for reclamation In the manner set forth on Form ED-10; and 

(e) Provlde the surface owner of record with a copy of form ED-13 when he submiiS It to the division. 

(2) The division shall not transfer the well until the fequirements of this section are satisfied and shall advise the transferring and successor 

operators In writing when the wallis transferred. 

Section 8. If a well Is to be drilled and completed on lederallands, the director shaA1 accept a copy of a surface use reclamation agreement between the well operator and the federal agency In lieu of the operations and reclamation proposal. If the operator elects to submit this agreement, II shall be submitted at the time of filing the application for permit to drill a well. 

Section 9. (1) If a field inspection indicates there is noncompliance with the approved operations and reclamation proposal or the requlremeniS of Section 6 ol this administrative regulation, a written notice of violation describing the noncompliance shall be given to the operator, together with a 

statement of the action required to correct the noncompliance. 

(2) The wriHen notice of violation shall allow the operator up to forty· five (45) days to correct the violation. 

(3) An operator may file for an extension ol time to correct a violation by submiHing a letter to the director describing the need lor that extension; II 

the director concludes that the request Is reasonable and that an extension of time will not violate the requlrements of this administrative regulation or applicable statutes, he may grant the request lor extension of tlme. 

(4) The operator's bond may be forfeited to the department's oil and gas well plugging fund, pursuant to KRS 353.590(7), II he falls to make required 

corrections. 

(5) An operator who, after hearing, is determined by the department to be In noncompliance with any section of this administrative regulation, or who lalls to abate any noncompliance of the approved operations and reclamation plan, is subject to the penalties described In KRS 353.991. 

Section 10. Material Incorporated by Reference. (1) The following material is Incorporated by reference: 

(a) Form ED·1 0, "Plan to Prevent Erosion of and Sedimentation from a Well Site", (February 14, 1997 Edition), Division ol Oil and Gas: and 

(b) Form ED·13, "Well Transfer", (April16, 1990 Edition), Division of 011 and Gas. 

(2) These forms may be obtained from, examined, or copied at the Kentucky Department for Natural Resources, 1 025 Capital Center Drive, Suite 

201, P.O. Box 2244, Frankfort, Kentucky 40602·2244, Monday through Friday, B a.m. to 4:30p.m. (23 Ky.R. 3655; Am. 4182; 24 Ky.R. 90; 365; ell. 1· 

9-97; TAm elf. 8-9·2007.) 
purposes. 

(6) "Topographic spot" means the act of locating a well on a United States Geological Survey 1:24,000 Topographic Map and scaling that well 

location on the map to determine Its Carter Coordinate location. 

Section 2. Annual Report of Monthly Production. (1) An oil or gas operator shall: 

(a) Compile and retain records or the monthly production of natural gas and cnJde oil; and (b) For the preceding year, file the production Information with the Division by April15. (2) The information may be submitted to the division: (a) On Form ED-17, "Annual Report of Monthly Production for Natural Gas and/or Crude Oil"; or (b) By using: 

1. Common personal computer spread sheet or database software; 

2. An electronic mail attachment. 

(3) An operator shall be permitted to submit the information in accordance with subsection {2)(b) of this section, subject to the division being able to 

process the production data electronically. 

(4) The following shall be Included In the information submitted by the operator: (a) Operator name and address; (b) Production year; 

(c) Permit number Issued by the Division of Oil and Gas; 

(d) Purchaser number; (e) Number ol wells on the lease for which the report Is being ftled; 

(f) Farm name, complete with the Individual well name and well number; 

(g) County of production; 

(h) Producing formation or, if production Is commingled from multiple wells which are not metered separately, the Identification of the wells as 

•commingled" and the pertinent formations from which production was made; and 

(i) Well status, Identified as producing or shut-ln. 

(5) Production from a gas well shall be reported in Mel ol net gas sales by well. In addition to reporting net gas sales, produced gas may also be 

reported at the option of the operator. 

{6) Monthly oil production shall be reported in barrels by Individual well or by lease; II by lease, the operator shall attach to Form ED-17 a list 

Identifying the purchaser number and division permit number ol all wells producing on that lease. 

(7) For a well drilled prior to the date upon which a permit for the drilling and production of a well was statutorily required, the operator shall provide 

a Carter Coordinate location for each well not having a locallon on file with the division; that location may be estimated by a topographic spot, a GPS 

locator, or by survey. 

(B) Production Information reported pursuant to this administrative regulation shall be organized Into a standard format and shall be made available 

lor public release no earlier than January 1 nor later than March 1 of the following year. 

Section 3. Penalties. If an operator does not file his production data on Form ED-17 by April 15 alter each production year, the division shall notily 

him In writing of hls noncompHance. II he does not submit all required production Information within forty·five {45} days after being notiHed of his noncompliance, he shall be subject to denial of permits In accordance with KRS 353.570 and the penalties established In KRS 353.991(2), {3} and (4). 

Section 4. Incorporation by Reference. {1) "Annual Report ol Monthly Production for Natural Gas and/or Crude Oil", {November 12, 1997 edition), 

Division of 011 and Gas, Is Incorporated by reference. 

(2) This form may be obtained, examined, or copied at the Kentucky Department for Natural Resources. Division of 011 and Gas, 1025 Capital 

Center Drive, Suite 201, P.O. Box 2244, Frankfort, Kentucky 40602-2244, Monday through Friday, B a.m. to 4:30 p.m. (23 Ky.R. 3658; Am. 24 Ky.R. 

92; 1263; elf. 11-12-97; TAm elf. B-9-2007.) 

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805 KAR 1 :190. Gathering lines. 

RELATES TO: KRS 353.160, 353.500{2), 353.590,353.745, 353.991, 353.5901{1), 40 C.F.R. Part 112, 49 C.F.R. Parts 191, 192, 194, 195 

STATUTORY AUTHORITY: KRS 353.500(2), 353.540 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the department to promulgate administrative regulations to administer 

KRS 353.500 to 353.720. KRS 353.500(2) requires the department to promulgate administrative regulations pertaining to gathering lines, In order to minimize their potential effects on the citizens and the environment of the Commonwealth. EO 2009·538, effective June 12, 2009, abolishes the 

Environmental and Public Protection Cabinet and establishes the new Energy and Environmental Cabinet. This administrative regulation 

establishes provisions for the Installation of gathering lines, reclamation of disturbed areas, and safety requirements of gathering lines as they 

pertain to oil and gas production operations. 

Section 1. Definitions. 

( 1) "Division• means the Division of Oil and Gas, 

(2) "Environmentally sensitive feature• means a stream, spring, sinkhole, wetland, state or national park, wilderness area, or wildlife refuge. 

(3) "Existing gathering line• means any gathering Une Installed and not abandoned or taken out of service prior to March 18, 2004. (4) "Gas production now line• means: (a) The segment of a gathering line running from a well to the point of interconnection with another gathering Une or production compressor; or 

(b) If a well produces both oil and gas, the line from a 

(5) "Gathering line• means any pipeline that Is Installed or used for the purpose ol transporting crude oil or natural gas from a well or production 

facility to the point ol Interconnection with another gathering line, an existing storage facility or a transmission or main Une, including all lines 

between Interconnections, except those lines or portions thereof subject to the exclusive jurisdiction of the United States Department of 

Transportation under 49 C.F.R. Parts 191, 192, 194 and 195. 

(6) "GPS• means the cofectlon method of acquiring location data using the Global Positioning System that is: (a) 1. Reported as latitude and longitude In degrees and decimal degrees; 

2. Captured In three (3) meter accuracy for stationary location data, such as fine mark&fS: and 

3. Submltled as waypolnts and track logs for the gathering line location: 

(b) Recorded in the datum of WGS84; and 

(c) Submitted as ArcView shape file or as an ASCII flle is submitted electronically. 

(7) "Oil production flow line" means: 

(a) A galheting Une running from a well or wells to a tank battery for productron treatment and storage; or (b) If an lnjecllon well, the line from the tank battery to the weP. 

(8) "Production compressor• means a compressor Installed on a gathering1 line and used to il'lCfease produced gas pressure to enhance 

delivery. 

(9) "Transmission line• means a pipeline \halls subject to the exclusive jurisdictfon of the United Slates Department of Transportation under 49 

C.F.R. Parts 191. 192, 194 and 195. 

Section 2. Applicabnity. This administrative regulation shall apply to gathering lines Installed under permits Issued after March 18, 2004 and 

shag not appiy to exisllng gathering lines unloss these lines are Identified as belng subject to the requirements ol Section 4 of this administrative 

regulation. 

Section 3. License. (1) The operator of any gathering line, lnclud:ng an existing gathering line. shall obtain a gathering line operator's license 

from the division to operate any and all oil or gas gathering rtnes operated by him, upon the ellective date of this administrative regulation. The 

operator In physical control of any gathering line shall maintain a current license even if the gathering line Is shut in or Idle. All gathering lines 

operated by the same operator shall be subject to a single gathering line operator's license. An operator of an existing gathering line shall make application for license within ninety {90) days of the effective date of this administrative regulation. 

(2) Each licensee shall annually submit a completed license renewal lorm using the "Application • Gathering Line Operator's License", Form 

ED·2, on or before the expiration date ol his current license. Annual renewal of the gathering line operator's llcense shall be made on January 1 

and due no later than February 15. If there are no substantive changes to the operator inlormation provided In the Initial application for license, the 

shall be renewed upon receipt ol the license fee. A licensee may also submit the license tenewal information and payment through the 

division's on·Wne application when the on-line application becomes avallable. To qualify lor a license or Rcense renewal, the applicant shall be In 

compliance with applicable laws and shall submit the following items to the division: 

(a) An apprrcation satisfying the requirements ol subsection (3) of this section; and (b) 1. A $100 Ucense fee; or 

2. A fee oltwenly·live (25) dollars for each dwelling, If the application Is for a license to operate a gathering line lor a gas well used strictly for 

the purpose of heating a residential dwelling. 

(3) Application. The application for a license or a license renewal shall be: (a) Notarized or meet the requirements for electronic signature If electronically submitted pursuant to KRS Chapter 369; 

{b) Filed with the division; and 

(c) Contaln the following information: 

1. The fuN name under which the operator transacts or Intends to transact business under the llcense and the operator's correct mailing 
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Section 6. Transfer of Ownership of a Gathering Llne. A successor operator of a gathering line shall notify the division In advance of 

commencing use or operation of a gathering line. The successor shall assume the obligations of this administrative regulation and relieve the 

original permittee of responsibility under this administrative regulation with respect to the gathering line. It shall be the responsibility of the selling 

operator to require the successor operator to notify the division before use or operation is commenced by the successor and relief of responsibility 

under this administrative regulation is granted to the original permittee. II an oil production or gas production flow line Is involved, the successor 

shall be deemed to have provided notice to the division upon the successful completion of the well transfer, as required under KRS 353.590(6), for 

the oil production or gas production flow line applicable to the corresponding well. 

Section 7. Permit Requirements. (1) The notification or application for permit for the installation and operation of a gathering line shall be 

submitted to the division using the "Notirlcatlon/Appllcatlon for a Gathering Llne Permit: Installation, Reclamation and Operation Plan", Form ED·11, 

along with an attached topographical map depleting the location of the proposed line which shall be In sufficient detail to allow ready identification of adjacent surface features. An operator may also submit the notification or application, map and payment through the division's on-line application 

subject to the provisions of KRS Chapter 369. The map shall have a legend with: 

(a) The names of the gathering line owner and operator and any owners of surface tracts upon which the gathering line Is to be Installed not 

otherwise listed on the map; 

(b) The scale of the map; 

(c) The well name and number, II applicable; and 

(d) The lease name, If applicable; and shall depict the following: 

1. The approximate locations of property lines, dwellings, environmentally sensitive features and road and stream crossings along the path of 

the gathering line; 

2. The names of the owners of surface tracts upon which the gathering line Is to be Installed, as Identified as the party assessed for the 

purposes of property taxation In the records of the property valuation administrator of the county In which the land Is located, unless listed in the 

legend; and 

3. The approximate acreage to be disturbed along the path of the proposed gathering line. 

(e) Subparagraphs 1. through 3. of paragraph (d) shall be noted clearly and legibly on an enlarged section of a U.S. Geological Survey (USGS) 

1 :24000 topographic map, which may be enlarged to approximately one (1) Inch equals 400 feet and be submitted on an eight (8) and one· half 

(1/2) by fourteen (14) inch sheet. This requirement for the filing of maps may also be satisfied by electronic submission of the maps subject to the 

division being able to Import and view the map files. (2) In filing the application for the Installation and operation of a gathering line with the division, the operator shall state that he has the authority 

necessary to Install and operate the gathering line upon the property which the gathering line will traverse and that he maintains general liability 

insurance coverage for his gathering line operations. The operator shall include the division as a "certificate holder" on his policy so that the division 

shall receive advance notice of any cancellation of the operator's general liability insurance. 

(3) The operations and reclamation plan required by KRS 353.5901, filed In conjunction with the application for a permit for a well located on a 

tract on which there Is a severance of the ownership of the surface and mineral estates, shall satisfy this administrative regulation's requirements 

for an operations and reclamation plan applicable to the property upon which the well is drilled. 

(4) If the operations and reclamation plan is not subject to KRS 353.5901, the operator shall file a plan which includes a short narrative 

Indicating the following: 

(a) Location of all areas to be disturbed In connection with the Installation of the gathering line and the proposal to prevent erosion and 

sedimentation on those areas; 

(b) A revegetation plan which includes a listing or description of fertilizers and soli amendments and seed or trees to be planted for each 

affected area requiring revegetation treatment and the types and amounts per acre of seed or trees to be planted; and 

(c) A proposed plan for the timely reclamation of all disturbed areas. 

Section a. Rlght·oi·Way Agreements. (1) Prior to submitting an application for a permit or prior to any installation or operations on any surface 

on which a gathering line Is proposed other than the property upon which the well is located, the operator shall have obtained the necessary 

authority, right·of·way or lease agreement from an owner of the property on which the gathering line Is to be Installed. 

(2) Prior to the issuance of a permit for the Installation and operation of a gathering line on which the operator has an existing right-of-way, 

lease or deed, or on land that requires a new right·of·way by the operator, the operator shall certify In the application for the permit that he has met 

and conferred with, or offered to meet and confer with, the surface owner as to any activity that may disturb the surface. 

Section 9. Meeting with Bonded Permittee. Prior to the Issuance of a permit for the installation and operation of a gathering line on land which is 

permitted or bonded under the provisions of KRS Chapter 350, the operator of the gathering shall certify In the application for a permit that the 

operator has met and conferred with, or offered to meet and confer with, the bonded permittee as to any activity that may disturb the permitted 

area. 

Section 1 0. Reclamation Plans. Reclamation of all disturbed areas shall be conducted in accordance with the reclamation plan on file with the 

division. Any amendments to the reclamation plan shall be submitted to and approved by the division prior to commencement of Installation or as 

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805 KAR 1: 190. Gathering lines. Page 3 of5 

soon as practical after discovery that reclamation shall be conducted In a manner other than that described In lhe reclamation plan on file with the division. If the surface is disturbed Incidental to the repair of a gathering Une after reclamation has occurred undef the reclamation plan, the reclamation ot the area so disturbed shal be commenced within lhlrty (30) days of completion of the repair operation, If practical. The operator shall satisfy the following standards for excavation, backfi

Bing and reclamation: 

(1) If a gathering line crosses agricultural lands, the operator shall segregate topsoil while trenching. and trenches shall be backfilled so that the 

soils are returned to their original relative posiUons and contour, unless waived by the surface owner. This requirement to segregate and backfill topsoil shall not apply to trenches that are twelve (12) Inches or less In width. 

(2) On agricultural lands and nonagricultural lands, gathering line trenches shall be maintained In order to correct trench subsidence and 

reasonably minimize erosion. Interim and final reclamation, lnch.ldlng revegetation, shall be performed In accordance with the reclamation plan. 

Seclion 11. General Requlfements. (1) Burial of a gathering line. The operator shall bury a gathering line or portion thereof that crosses 

agricultural land or that would otherwise Interfere with the use of a preexisting private roadway, If requested to do so by the owner of the surface of the agricultural land or of other land lo which access would be affecled, prior to lhe Installation of the gathering Nne to protect It from damage. The 

gathering line shall be buried to a minimum depth of twenty·four (24) Inches, except where solid rock Is encountered, In which case the minimum depth of burial shaH be twelve (12) Inches, ff practical. If an underground slructure or other geologic or economic condlllon prevents a gathering line from being buried In accordance with the standards set out above, or If there Is an agreement between the surface owner and the operator whereby the minimum standard Is waived, the line may be installed at less than the minimum depth or above ground. (2) A gathering line constructed of plastic pipe shaH be installed below ground level, unless otherwise permitted by subsection (3) of this section, 

and In accordance with the following: 

(a) The operator shall undertake efforts to minimize shear and tensile stresses; and 

(b) A tracer line, location device, or suitable conductive wire shail be placed In the trench to facfHtate the detection ot the gathering (3) A gathering fine constructed of plastic pipe may be temporarily Installed above ground If: 

(a) The operator demonstrates that the cumulative period of above·ground exposure of the pipe does not exceed the manufacturer's 

recommended maximum period ot exposure or two (2) years, whichever Is less; 

(b) The pipe either Is located so as to minimize the possibility of damage by external forces or Is otherwise protected against damage; (c) The pipe adequately resists exposure to ultraviolet light and high and low temperature: and 

(d) The pipe Is being used during a production tesl period not to exceed ninety {90) days. 

(4) Une burial at road crossing. Notwithstanding any other provision of lh!s administrative regulation, a gathering line crossing a road shan be burled In accordance with the requirements of the agency having jurisdiction over the road. 

(5) Line markers. The operator shall Install and maintain line markers over an active buried gathering line In accordance 

with the following standards: 

(a) At Intervals of no greater than 500 feet, corresponding to the 500 foot GPS data requirements described In subsection (8) of this section, 

except that this requirement shall not apply to lines crossing agricultural lands; 

(b) Unes Installed after June 25, 2009, on slopes grealer than twenty (20) degrees, markers shall be placed at intervalS not to exceed 250 feet; 

(c) At points where the line changes direction. so that the line location Is accurately known; 

(d) At both sides of each public or private road crossing and at each railroad crossing; and (e) Each marker shall contain the word "Warning", "Caution", or "Danger", followed by lhe words "Petroleum Pipeline· or "Gas Pipe:lne", whichever is appropriate, In letters at least one (1) Inch high with one-quarter (1/4) Inch stroke and the name of the operator with a twenty·four (24) hour emergency response lelephone number. 

(6) Testing of a galherlng line. Before placing a gathering line In operation, It shall be tested to ensure that it Is capable of maintaining 110 

percent of the maximum anticipated operating pressure. In conducting the test, the operator shaH ensure that reasonable precautions are taken to 

protect his employees and the general pubtic. The testing may be conducted using natural gas, compressed air, Inert gas or water. Production flow lines operating at less than fiiteen (15) pslg are exempt from pressure testing requirements. 

(7) Patroi

Wng, maintenance and repair. All gathering lines shall be maintained In good operating condition at all times and the operator shall take reasonable precautions to prevent failures, leakage and corrosion by performing the following procedures: 

(a) Perform on·site Inspections ot a permitted gathering line at least once each calendar year, at intervals not to exceed elghleen {18) months. If 

an operator discovers any condition that could adversely affect the safe and proper operation of a gathering Hne, the operator shall correct it within 

a reasonable time and In accordance with KRS 353.160. However, II the condlllon presents an Immediate hazard to persons or property, the 

operator shall nol operate the affected part of the system until the unsafe condilfon has been corrected; 

(b) In repairing the gathering 

Ane, the operator shall take appropriate action to conduct the repair In a sale manner so as to prevent Injury to 

persons and damage lo property; and 

(c) Maintain records of gathering line Inspections and leak repair for division Inspection, if requested, lor at least three (3) yoars. (8) As·built requirement. The as·bullt location of the gathering 

Kne shall be depleted with GPS data points spaced every 500 feet, II practical. at points where the gathering line changes d1rect1on and at the beginning and termination points of lhe gathering line. All information regarding the as- built location shall be submitted to the division within twelve months of completion of the galherlng line. (9) Compressor station requiremenls. Am 

wellhead and field compressors shall be Installed and maintained according to the following 

requirements: 

(a) The operator shall maintain a positive suction pressure at all times; 

(b) The operator shalllnstaU safety devices to ensure the downstream pressure does not exceed the test pressure of the gathering line; and (c) The operator shall record a GPS location of all compressor station sites and submit that location data to the division
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(6) Notlfylng fire, pollee, and other appropriate emergency response entitles of a gathering line Incident or emergency and coordinating with 

them In devising responses to be made during an emergency. Methods to accomplish this shall include the following: 

(a) Including In the emergency response manual a llstlng of appropriate fire, pollee, and other health and safety entitles, along with their officials' 

names and emergency telephone numbers; 

(b) Establishing and maintaining liaison with fire, pollee, and other appropriate emergency response entitles to determine the responsibility and 

resources of each government organization that may respond to a gathering line emergency: 

(c) Apprising fire, pofice and other appropriate emergency response entlties of the operator's ability to respond to a gathering line emergency: (d) Identifying the types of gathering line emergencies about which the operator notifies fire, pollee and other appropriate emergency response 

entities: and 

(e) Determining the manner In which the operator and fire, police and other appropriate emergency response entitles can engage In mutual 

assistance to minimize hazards to life or property. 

(f) Providing a copy of the emergency response manual to fire, police and other appropriate emergency response entitles. 

(7) An operator may Incorporate the applicable spill prevention, control, and countermeasures (SPCC) plan Into the emergency response 

manual. 

Sectlon 14. Abandonment Each gathering line abandoned In place, unless otherwise agreed to be removed under a rlght·of·way or lease 

agreement, shall be disconnected from al sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to 

atmospheric pressure, and cut off three (3) feet below ground surface, or at the depth of the gathering line, whichever is less, and sealed at the 

ends. Prior to abandonment, the operator shall contact the division Inspector and request a site scanning for naturally occurring radioactive 

materials to be conducted by the division inspector. 

Section 15. Inspections. The commissioner of the department may, by written order or by other means appropriate under the circumstances, 

designate and authorize representatives to perform dulles pursuant to the adminlslratlve regulations contained in 805 KAR Chapter 1. Unless the 

commissioner has made a written order contrary to the terms of this section, personnel authorized by the director shall be the authorized 

representatives of the department for the purposes of this administrative regulatlon as follows: 

(1) General. In accordance with the provisions of this administrative regulation, the division shall conduct Inspections, studies, Investigations or 

make other determinations as It deems reasonable and necessary to obtain Information and evidence which shall ensure that the Installation, 

reclamation and operation of gathering lines are conducted In accordance with the provisions of all applicable statutes and administration 

regulations, and all terms and conditions of the gathering line permit. 

(2) Right of entry and access. Authorized employees of the division shall have unrestricted right of entry to all portions of the gathering line for 

any purpose associated with their dulles pursuant to this administrative regulation, Including but not limited to making Inspections and delivering 

documents or Information of any kind to persons responsible for or otherwise associated with the gathering line. 

(3) Timing and frequency of Inspections. (a) The division shall determine the frequency of Its Inspections of gathering lines. 

(b) Inspections shall ordinarily be conducted at Irregular and unscheduled times during normal workdays, but may be conducted at night, on 

weekends or on holidays If the division deems these Inspections necessary to properly monitor compliance with all applicable statutes and 

administrative regulations and the terms and conditions of the gathering line permit. 

(c) The division shall have no obligation to give prior notice that an Inspection shall be conducted or to obtain a warrant to do so. 

(4) Citizen's request lor Inspection of a gathering line. 

(a) Any citizen may request that the division conduct an Inspection of a gathering line by furnishing to the division a signed statement or an oral 

report followed by a signed statement In which circumstances are set out which give the division reason to believe that a violation, condition or 

practice In violation of this administrative regulation or a permit condition exists, and setting forth a telephone number and address at which the person making the request can be contacted. 

(b) The Identity of any person supplying Information to the division relating to a possible violation, condition or practice in violation of this 

administrative regulation or permit condition shall remain confidential with the division if requested by that person, unless disclosure Is required by 

law. 

(c) Within a reasonable lime, the division shall advise the person making the request for inspection or providing Information to the division of the 

following: 

1. If no inspection was conducted, an explanation of the reasons lor which no Inspection was conducted. 

2. If an Inspection was conducted, a description of the enforcement action taken, II any, or an explanatlon of why no enforcement action was 

taken. 

(5) Notice of noncompRance. Any authorized representative of the division may Issue to the operator a notice of noncompliance and order for 

remedial measures II, on the basis of an inspection, he finds a violation of this administrative regulation, any permit condition, or any other 

applicable requirement The notice of noncompliance shall contain the following: 

(a) The nature of the violation: and 

(b) The provision of a period of forty-five (45) days from the dale of Issuance of the notice for the taking of corrective action or making of an 

agreement with the division, which may include a schedule for the accomplishment of Interim corrective procedures, If appropriate. The director or 

his authorized representative may ex1end the time established for the taking of corrective action or for accomplishment of an interim remedial 

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805 KAR I: 190. Gathering lines. Page 5 of5 

requirement for good cause shown. 

Section 16. Order of Cessation and Immediate Compliance. (1) ISsuance. 

(a) H the operator to whom a notice of noncompliance Is issued fails to comply with the terms of the notice within the time for the of 

corrective action established in the notice of noncompliance or agreement made regarding corrective measures as subsequentlY extended, the 

d rector may Issue to the operator an order for cessation and Immediate compliance. 

(b) The director may lssue an order for cessation and Immediate compNance If he finds, on the basis of an Inspection performed by any 

authorized representative, any condition or practice, any violation of this admlolstralive regulation or any v[olalion of a term or condUion of the applicable permit which: 

1. Is creating or can reasonably be expec1ed to create an Imminent danger to the health or safety of the public; or 

2. Is causing or can reasonably be expected to cause significant, Imminent environmenlal harm to land, air, or water resources, 

(c) The director may Issue an order for the cessation of installation and immediate compliance If he finds, oo the basis of an Inspection 

performed by any authorized representative, that gathering line Installation is being conducted without a valid gathering line permit in accordance 

with this administrative regulation. 

(2) EHect. 

(a) The order for cessation and Immediate compliance shall require the cessation or the operation of the gathering line or portion thereof that Is 

the subject of the notice of noncompliance. The order shall also require the operator to whom II is Issued to undertake any procedure reasonably 

deemed necessary to abate the violation, condition, or pracUce In the most expeditious manner possible, Including but not Wmlted to the use or existing or additional personnel and equipment. 

(b) The order shall remain In effect until the violation, condition, or practice has been abated and until the order Is vacated, modified, or 

terminated in writing by the director. 

(c) The operator shall continue to perform reclamation operations and other activities intended to protect pubfic health, safety and the 

environment during the period of any cessation order unless the order requires that the reclamation operations and other activities cease. 

(3) Modification, extension, and termination. (a) The director may, by wrillen notice, modify or terminate an order for cessation and Immediate compUance issued under this section for good 

cause and may extend the time for abatement if the failure to abate within the period Initially established was not caused by lack of diligence on the 

part of the operator to whom It was Issued. 

(b) The director may terminate an order for cessation and Immediate compliance, by written notice to the operator to whom the order was 

Issued, If the director determines that all violations, conditions, and practices noted In the notice of noncompliance have been abated. Termination 

of the order of cessation and Immediate compliance shall not affect the right of the divlslon to Impose any other applicable sanction authorized by 

law. 

Section 17. Pena!Ues. An operator in noncompliance with the requirements of this administrative regulation Is subject to the penalties 

established In KRS 353.991. 

Section 18.1ncorporation by Reference. (1) The following material Is Incorporated by reference: 

(a) "Application -Gathering Line Operator's License", Form ED-2, December and (b) "Notilication/Appllcatlon for Gathering Line Permit: Installation, Reclamation and Operalion Plan•, Form ED-11, December 2003. (2) This material may be inspected, copied, or obtained, subject to appNcabte copyright law, at the Division of Oil and Gas, 1025 Capital Center 

Drive, Suite 201, Frankfort, Kentucky 40602-2244, Monday through Friday, 8 a.m. to 4:30p.m. (30 Ky.R 1385; Am. 1965; 2030; ef:l. 3·18-2004; 36 

Ky.R. 193; 789; 1024; eff. 11-17-2009.) 
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unless the application fee has been paid. 

(3) All fees shall be for the sole use of the Division of OJI and Gas Conservation In the administration of Its programs and shall be In addition to 

money appropriated by the General Assembly for the use of the cabinet. (36 Ky.R. 193; Am. 789; 1024; elf. 10·23·2009.) 

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