Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:270 - Casing and sealing of drilled holes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. This administrative regulation sets forth
				requirements for temporary and permanent casing, sealing or other management of
				drill holes, boreholes, wells, or other exposed underground openings.
Section 1. General Requirements. Each
			 exploration hole, other drill hole or borehole, well, or other exposed
			 underground opening shall be cased, sealed, or otherwise managed as approved by
			 the cabinet, as necessary to prevent acid or other toxic drainage from entering
			 ground or surface waters, to minimize disturbance to the prevailing hydrologic
			 balance and to ensure the safety of people, livestock, fish and wildlife, and
			 machinery in the permit area and adjacent area. If these openings are uncovered
			 or exposed by mining activities within the permit area, they shall be
			 permanently closed, unless approved for water monitoring, or otherwise managed
			 in a manner approved by the cabinet. Use of a drilled hole or borehole or
			 monitoring well as a water well must meet the provisions of Section 4 of this
			 administrative regulation. This section does not apply to holes solely drilled
			 and used for blasting.
Section 2.
			 Temporary. Each exploration hole, other than drill or boreholes, wells and
			 other openings approved by the cabinet used to monitor groundwater conditions,
			 shall be temporarily sealed before use and protected during use by barricades,
			 fences, or other protective devices approved by the cabinet. These devices
			 shall be periodically inspected and maintained in good operating condition by
			 the permittee or other person approved by the cabinet.
Section 3. Permanent. When no longer needed
			 for monitoring or other use approved by the cabinet upon a finding of no
			 adverse effects, or unless approved for transfer as a water well under Section
			 4 of this administrative regulation, each exploration hole, other drilled hole
			 or borehole, well, and other exposed underground opening shall be capped,
			 sealed, backfilled, or otherwise properly managed as required by the cabinet
			 under Section 1 of this administrative regulation. Permanent closure measures
			 shall be designed to prevent access to the workings by people, livestock, fish
			 and wildlife, and machinery and to keep acid or other toxic drainage from
			 affecting ground or surface waters.
Section
			 4. Transfer of Wells.
(1) An
			 exploratory or monitoring well may only be transferred by the permittee for
			 further use as a water well with the prior approval of the cabinet. That person
			 and the surface owner of the land where the well is located shall jointly
			 submit a written request to the cabinet for that approval.
(2) Upon an approved transfer of a well, the
			 transferrer shall:
(a) Assume primary
			 liability for damage to persons or property from the well;
(b) Plug the well when necessary, but not
			 later than abandonment of the well; and
(c) Assume primary responsibility for
			 compliance with other requirements of this administrative regulation with
			 respect to the well.
(3)
			 Upon an approved transfer of a well, the transferrer shall be secondarily
			 liable for the transferrer's obligations under subsection (2) of this section,
			 until release of the bond or other equivalent guarantee required by
			 405
			 KAR 30:070 for the area in which the well is
			 located.