Kan. Admin. Regs. § 82-3-1221 - Decommissioning and abandonment of a storage facility

(a) No operator shall permanently abandon a storage facility unless an application is approved by the director. Each operator decommissioning and abandoning a storage facility shall file an application at least 90 days before any decommissioning activities. The application shall contain a detailed decommissioning plan that includes the following:

(1) The anticipated date and a schedule for plugging each storage well;

(2) a schedule for abandoning the storage facility, including when and how any equipment and building will be abandoned;

(3) the name and address of persons responsible for any equipment and buildings that will be abandoned or will remain in use;

(4) a reasonable estimate of the cost to perform the activities specified in subsection (b); and

(5) any additional information necessary for the director to determine whether the decommissioning plan will protect public safety, usable water, and soil.

(b) Each operator decommissioning and abandoning a storage facility shall plug all storage wells according to K.A.R. 82-3-1219 and perform the following:

(1) Dispose of any liquid or solid waste in an environmentally safe manner;

(2) clear the area of debris;

(3) drain or fill all excavations;

(4) remove any unused concrete base, machinery, and material;

(5) level and restore the site; and

(6) perform any additional activities that may be required by the director, if additional activities are necessary to protect public safety, usable water, and soil.

(c) After all decommissioning and abandonment activities are complete, a determination of whether the decommissioning and abandonment of the storage facility are protective of public safety, soil, and usable water shall be made by the director. If the director determines that public safety, soil, and usable water will be protected and no further activities are required from the operator, the operator's financial assurance shall be released.

(d) If the application to decommission and abandon the storage facility is denied, the operator shall proceed according to instructions by the director.

Notes

Kan. Admin. Regs. § 82-3-1221

Authorized by and implementing K.S.A. 2011 Supp. 66-1274; effective Dec. 21, 2012.