Kan. Admin. Regs. § 82-3-701 - Intent to drill cathodic protection boreholes; notification; penalty; exemption

This regulation shall apply in Kansas except for groundwater management districts #2 and #5. Each owner, operator, or person responsible for drilling a cathodic protection borehole in groundwater management district #2 or #5 shall apply directly to the manager of that groundwater management district in accordance with K.A.R. 82-3-705.

(a) Except as set forth in subsection (e) of this regulation, each owner, operator, or person responsible for drilling a cathodic protection borehole shall submit written notice of the intention to drill to the conservation division for permit approval before the commencement of drilling operations.

(1) The applicant shall file the notice with the conservation division at least 60 days before commencing any drilling.

(2) Each notice shall be submitted on a form prescribed by the commission. The notice shall be filled in completely and signed by the operator or the operator's agent. The notice shall contain the following:

(A) The name and address of the owner and, if different from the owner, the name of the operator, and the operator license number;

(B) the date on which drilling is anticipated to begin;

(C) the well name or number designation, quarter section, section, range, township, county, and the distance of the proposed drilling location from the section's nearest corner, in exact footage;

(D) the estimated total depth of the borehole;

(E) the type of drilling equipment to be used;

(F) the depth to the bottom of the deepest freshwater at the drill site;

(G) the depth to the bottom of any usable water formation at the drill site; and

(H) any other relevant information requested by the commission.

(3) When a "cathodic protection borehole intent" form is filed, the owner, operator, or person responsible shall submit an "application for surface pit" form in accordance with K.A.R. 82-3-600 and, if required by K.A.R. 82-3-602, a pit closure form.

(b) Before drilling a cathodic protection borehole, the operator shall notify the appropriate conservation division district office.

(c) Any applicant may submit written requests to the director of the conservation division for an exception to the 60-day intention to drill filing period in emergency situations. Each request shall document why the emergency exists.

(d) Drilling any cathodic protection borehole without an approved notice of intent or without being granted an exception shall be punishable by a penalty of up to $1,000.00.

(e) No permit shall be required for distributed anode systems, shallow "single bell hole" galvanic anode systems, and individual anode installation systems that are less than 25 feet in depth or do not penetrate an aquifer.

Notes

Kan. Admin. Regs. § 82-3-701

Authorized by K.S.A. 55-152; implementing K.S.A. 55-152 and K.S.A. 2003 Supp. 55-164; effective Oct. 25, 1996; amended, T-82-1-21-04, Jan. 21, 2004; amended May 14, 2004.