Kan. Admin. Regs. § 28-45-31 - Variances
(a) Any permittee
may request a variance from any specific requirement of this article of the
department's regulations according to the following:
(1) Each permittee that wants a variance
shall submit a written request, including justification for the request and any
supporting data, to the department.
(2) Each permittee that wants a variance to
operate a storage well and cavern beyond any physical cavern limitation, as
specified in
K.A.R.
28-45-6a, shall submit a geomechanical study
evaluating the mechanical integrity of the storage well and cavern and each
surrounding storage well and cavern. The evaluation shall be based on a value
greater than the requested variance limit and at least a 10-year operation and
maintenance projection.
(3) Each
permittee shall complete any additional testing, monitoring, geomechanical
studies, or storage well improvements if requested by the department.
(b) Upon the secretary's
determination whether the variance request is protective of public health,
safety, and the environment, the permittee shall receive one of the following:
(1) A variance from one or more requirements
of this article of the department's regulations; or
(2) a notice that the request for a variance
has been denied.
Notes
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