Kan. Admin. Regs. § 82-3-604 - Discharges into emergency pits and diked areas; removal of fluids; penalties

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Notification of discharge. Each operator shall notify the appropriate district office within 24 hours of discovery or knowledge of any oil field-related discharge of five or more barrels of saltwater, oil, or refuse into an emergency pit or diked area.
(b) Removal of fluids from pit or dike. Each operator of an emergency pit or diked area shall remove any fluid from the pit or diked area within 48 hours after discovery or knowledge, or as authorized by the appropriate district office, and shall dispose of the fluid according to K.A.R. 82-3-607 . The operator shall submit forms pursuant to K.A.R. 82-3-608, unless the fluid is removed to an on-site tank.
(c) "Discovery or knowledge" defined. For purposes of this regulation, the point of "discovery or knowledge" shall mean that point when the operator knew or reasonably should have known of the discharge.
(d) Penalties. The failure to timely notify the district office of an oil field-related discharge into an emergency pit or diked area in accordance with subsection (a), or the failure to timely remove fluids from an emergency pit or diked area in accordance with subsection (b), shall be punishable by the following penalties:
(1) $250 for the first violation;
(2) $500 for the second violation; and
(3) $1,000 and an operator license review for the third violation.

Notes

Kan. Admin. Regs. § 82-3-604
Authorized by K.S.A. 2012 Supp. 55-152; implementing K.S.A. 2012 Supp. 55-164, K.S.A. 55-172, and K.S.A. 74-623; effective April 23, 1990; amended June 6, 1994; amended April 23, 2004; amended Aug. 16, 2013.

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