Kan. Admin. Regs. § 82-3-1204 - Notice of application; publication; protest
(a) Each operator applying for a permit shall
provide a copy of the application to the following:
(1) Each operator of record of a mineral
lease within one-quarter mile of each boundary of the proposed storage
facility;
(2) each owner of record
of the minerals in unleased acreage within one-quarter mile of each boundary of
the proposed storage facility; and
(3) each surface owner of land where the
proposed storage facility will be located.
(b) The operator shall publish notice of the
application once each week for two consecutive weeks in the official county
newspaper of each county where any lands affected by the application are
located, once in the Kansas register, and once in a newspaper of general
circulation in Sedgwick County.
(c)
The operator shall include the following information in the published notice:
(1) The name and address of the
operator;
(2) a brief description
of the operations that will be performed at the proposed storage facility,
including whether cavern storage or reservoir storage operations will be
performed;
(3) the name, address,
and telephone number of a contact person for further information, including
copies of the application;
(4) the
name and address of the conservation division's central office; and
(5) a brief statement that any interested
party may file a protest with the conservation division within 30 days and
request a hearing.
(d)
Any interested party may file a protest within 30 days after publication of the
notice of the application.
(1) The protest
shall be submitted in writing and shall include the following information:
(A) The name and address of the
protester;
(B) a clear and concise
statement of the direct and substantial interest of the protester in the
proceeding;
(C) if the protester
opposes only a portion of the proposed application, a description of the
objectionable portion; and
(D) a
statement of whether the protester requests a hearing on the
application.
(2) The
failure to file a timely protest shall preclude the person from appearing as a
protester.
(3) The protester shall
serve the protest upon the applicant in the manner described in K.A.R.
82-1-216(a) at the same time or before the protester files the protest with the
conservation division.
(e) The application shall be held in abeyance
for 30 days from the date of last publication or delivery of notice in
subsection (a), whichever is later. If a protest with a request for hearing is
filed pursuant to subsection (d) within the 30-day waiting period or if the
director deems that a hearing is necessary to protect public safety, usable
water, or soil, a hearing on the application shall be held.
(f) The operator shall publish notice of the
hearing in the same manner as that required by subsection (b). The notice shall
include the following information:
(1) The
information specified in paragraphs (c)(1) through (c)(4);
(2) a statement that any member of the public
who is not intervening in the matter may attend the hearing without prior
notice, except that each person requiring special accommodations under the
Americans with disabilities act shall notify the conservation division at least
10 days before the hearing;
(3) a
statement that the applicant and any intervening person shall prefile written
direct testimony pursuant to K.A.R. 82-1-229; and
(4) the date, time, and location of the
hearing.
Notes
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