55-1,120. Same; salt solution mining wells; abandonment, legal responsibility for. (a) For the purposes of this section:
(1) "Person legally responsible" includes, but is not limited to: (A) Any current or former operator of the well, or successor, who has: (i) Knowingly abandoned the well; (ii) caused the pollution or hazard, or threat of pollution or hazard, by intentionally altering or tampering with the well; or (iii) assumed legal responsibility by written agreement or contract; and (B) any current or former owner of the well who is or was in the business of producing salt.
(2) "Salt solution mining well" means a well which has been drilled into subsurface saline or salt bearing deposits for the recovery of either existing brines or brines which are formed by the injection of water to dissolve such deposits.
(3) A salt solution mining well shall be deemed abandoned if no person is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, or if the person legally responsible is dead, is no longer in existence, is adjudicated to be insolvent or cannot be found.
(b) If the secretary finds that the location or construction, or both, of an abandoned salt solution mining well causes or threatens to cause pollution of the land, air or waters of the state or is or threatens to become a hazard to persons, property or public health or safety, the secretary may, in addition to any other remedy provided by law:
(1) After completion of an investigation: (A) Order any person who is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, to take such remedial action as will remove the pollution or hazard, or threat of pollution or hazard, including, but not limited to, plugging such well; or (B) as funds are available, provide for the plugging of the well and order assessment of the costs to the legally responsible person; or
(2) after completion of an investigation and as funds are available, provide for the plugging of the well, if abandoned, in a manner that remediates the pollution or hazard, whether threatened or actual.
History: L. 2001, ch. 191, ยง 12; July 1.
Structure Kansas Statutes
Article 1 - Oil And Gas Wells; Regulatory Provisions
55-101 Natural gas for residents of platted land outside city; laying and maintenance of pipes.
55-112 Transportation of gas; standards for.
55-114 Penalty for violation of 55-112.
55-153 Advisory committee on regulation of oil and gas activities.
55-154 Certification of compliance with statutes and rules and regulations.
55-156 Protection of water prior to abandoning of well; penalty for noncompliance.
55-158 Submission of bond logs and surveys; penalties.
55-159 Notification of commission prior to setting surface casing or plugging; inspections; penalty.
55-160 Notification of commission prior to reentering plugged well; inspections.
55-161 Investigation of abandoned wells; integrity tests; costs.
55-164 Administrative penalties; procedure; costs and attorney fees; disposition of moneys.
55-165 Maintenance of information on wells.
55-169 Kansas surface owner notice act; citation.
55-169b Same; authorization for rules and regulations.
55-171 Permit required for the storage or disposal of salt water, oil or refuse in surface ponds.
55-172 Salt water, oil or refuse from wells; prevention of escape.
55-173 Notice prior to abandonment and plugging of wells; notification of surface owner.
55-174 Penalty for failure to notify of intent to drill.
55-175 Appointment of agents by the commission.
55-176 Commission's costs assessed against operators and agents; disposition of moneys.
55-177 Removal of structures and abutments from lands after abandoning wells; exception.
55-178 Abandoned wells; complaint concerning pollution or water loss; commission investigation.
55-179 Same; responsibility for remedial actions; hearings; orders; plugging.
55-181 Administration and enforcement of rules, regulations and orders.
55-182 Agents of commission; right of ingress and egress; restoration of premises.
55-186 Spill notification requirements.
55-192 Abandoned oil and gas well fund established; well plugging assurance fund abolished.
55-193 Abandoned oil and gas well fund; certain transfers thereto.
55-1,102 Filing of rates and other information required; use of information; disclosure.
55-1,103 Limitations on manner of offering services and facilities.
55-1,104 Commission review of fees, terms, practices; complaint; procedure.
55-1,105 Rules and regulations.
55-1,106 Exemptions from rate averaging or pricing systems.
55-1,107 Issuance of more than one certificate of convenience and necessity; exit fees prohibited.
55-1,108 Contractual obligations, when amended.
55-1,109 Notice of lack of capacity to serve required.
55-1,111 Commission review of exit tap on gathering system, access, service, abandonment; procedure.
55-1,117 Same; department of health and environment regulation of other underground storage.
55-1,117a Same; department of health and environment regulation of underground crude oil storage.
55-1,119 Same; penalties for violations of rules and regulations.
55-1,120 Same; salt solution mining wells; abandonment, legal responsibility for.
55-1,122 Same; representatives of secretary; right of ingress and egress.