Kan. Admin. Regs. § 82-3-1201 - Licensing; financial assurance
(a) License required.
(1) No operator shall perform either of the
following without first obtaining or renewing a license:
(A) Test, construct, convert, operate, or
abandon any storage facility; or
(B) drill, complete, service, operate, or
plug any storage well.
(2) Each operator shall maintain a current
license until the storage facility has been abandoned and each storage well has
been plugged and abandoned, in accordance with commission
regulations.
(3) Each operator
shall submit a completed license renewal form to the conservation division
annually on or before November 1.
(b) License requirements. Each applicant for
a new license or a license renewal shall be in compliance with all applicable
laws as required in subsection (f) and shall submit the following items to the
conservation division:
(1) An application
meeting the requirements of subsection (c);
(2) a license application fee of
$1,500;
(3) financial assurance
pursuant to subsection (e); and
(4)
a detailed written estimate, signed by a licensed professional engineer or
licensed professional geologist, of the current cost to plug all storage wells
and abandon the storage facility.
(c) License application. Each applicant for a
new license or a license renewal shall file with the conservation division an
application providing the applicant's contact information, full legal name, and
any other names under which the applicant transacts or intends to transact
business under the license. If the applicant is a partnership, association, or
similar entity, the application shall include the name and address of each
partner or member. If the applicant is a corporation, limited liability
company, or similar entity, the application shall contain the name and address
of each principal officer and the resident agent.
(d) Signature. Each applicant for a new
license or a license renewal shall sign the license application. If the
applicant is a partnership, association, or similar entity, at least one
partner or member shall sign. If the applicant is a corporation, limited
liability company, or similar entity, at least one principal officer shall
sign.
(e) Financial assurance. Each
operator shall provide financial assurance in an amount determined by the
director. The financial assurance shall be signed as specified in subsection
(d). The operator shall continue to provide financial assurance until all
storage wells are plugged and abandoned and the storage facility is abandoned,
according to commission regulations.
(f) Compliance with applicable laws.
(1) If the applicant is registered with the
federal securities and exchange commission, the applicant shall demonstrate to
the commission that the applicant complies with all requirements of
K.S.A.
55-101 et seq. and
K.S.A.
66-1272 through
66-1279 and amendments thereto,
all implementing regulations, and all commission orders and compliance
agreements. The applicant shall file a list of any past or pending
administrative proceedings and court proceedings filed in Kansas in which the
applicant was a party. The list shall include a brief description of the
outcome of each proceeding.
(2)
(A) If the applicant is not registered with
the federal securities and exchange commission, the applicant shall demonstrate
to the commission that the following individuals comply with all requirements
of K.S.A.
55-101 et seq. and
K.S.A.
66-1272 through
66-1279 and amendments thereto,
all implementing regulations, and all commission orders and compliance
agreements:
(i) The applicant;
(ii) any officer, director, partner, or
member of the applicant; and
(iii)
any stockholder owning in the aggregate more than five percent of the stock of
the applicant.
(B) The
applicant shall file a list of any past or pending administrative proceedings
and court proceedings filed in Kansas in which any person or entity listed in
paragraphs (f)(2)(A)(i) through (iii) was a party. The list shall include a
brief description of the outcome of each proceeding.
(g) License issuance; term. If the
application is approved by the conservation division, a license shall be issued
to the applicant. Each license shall be effective for a maximum of one year,
unless suspended or revoked by the commission, and shall expire on January 31
of each year.
(h) Denial of
application. An application for a license or a license renewal may be denied by
the conservation division if the applicant has not satisfied the requirements
of this regulation. Denial of a license application shall constitute a summary
proceeding under
K.S.A.
77-537 and amendments thereto. Denial
pursuant to paragraph (f)(1) or (f)(2) shall be considered a license
revocation.
(i) License revocation.
If a license is revoked, no new license shall be issued to the operator or
contractor until one year has passed since the revocation date and the operator
has satisfied the requirements of this regulation.
(j) Notification of changes. Each operator
shall notify the conservation division in writing within five business days of
any change in information provided as part of the license application. If the
change would result in the operator being required to provide additional
financial assurances, the operator shall submit the additional financial
assurances within 30 days of the change.
Notes
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