55-162. Finding reasonable cause to believe that person has violated act or rules and regulations; hearing; procedure; order; immediate remedial action; reconsideration and judicial review; investigations; sealing of well; removal of seal, penalty. (a) Whenever the commission, from investigation or upon written complaint filed with the commission, finds reasonable cause to believe that a person has violated any provision of this act or any rules and regulations adopted pursuant to this act, the commission shall cause such person to come before it at a hearing held in accordance with the provisions of the Kansas administrative procedure act. After such hearing, if the commission finds that such person violated any provisions of this act or the rules and regulations adopted pursuant to this act, the commission shall take any appropriate action necessary to prevent pollution and protect water quality. Such action may include, but not be limited to:
(1) Order the person to take such action necessary to remedy the violation;
(2) order the well or the lease to be shut down until the violation is corrected;
(3) order the person to pay any costs and reasonable attorney fees incurred by the commission in any action pursuant to this section and in any action to enforce an order entered by the commission pursuant to this section and to pay interest on any portion of such costs and attorney fees which remains unpaid more than 30 days after imposition, at the rate provided by K.S.A. 16-204 and amendments thereto and for interest on judgments;
(4) order any combination of such orders enumerated in paragraphs (1), (2) and (3); or
(5) if the commission finds that a person has not complied with an order issued under paragraph (1), (2), (3) or (4), the commission may order the suspension or revocation of any license issued pursuant to this act to such person.
(b) If it appears to the commission that damage may result if immediate remedial action is not taken, the commission, on the basis of emergency adjudicative proceedings, shall make such orders as provided in subsection (a), or may authorize its agents to enter upon the land where the well is located and take such remedial action necessary pending the giving of notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Proceedings for reconsideration and judicial review of any order shall be conducted in the manner provided for the conduct of reconsideration and review proceedings under K.S.A. 55-606, and amendments thereto.
(d) Agents of the commission shall investigate any written or oral complaint within 72 hours of receipt thereof, not including Sundays and legal holidays, except that if such investigation is impracticable within such time frame, the agent shall communicate the same to the person making the complaint and make alternative arrangements for such investigation.
(e) Whenever a person is in violation of subsection (a) or subsection (b) agents of the commission may enter upon the lease or any other leases under the control of such operator and seal any well operated by the offending party. Removal of the seal without commission approval will constitute a severity level 9, nonperson felony.
History: L. 1982, ch. 228, § 15; L. 1986, ch. 201, § 15; L. 1988, ch. 356, § 163; L. 1995, ch. 95, § 1; L. 1995, ch. 204, § 11; L. 1996, ch. 104, § 1; 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.