RELATES TO: KRS 353.520
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 and 349.015
requires the Department for Natural Resources to regulate the drilling and
operation of all wells, while KRS 353.590 and 349.015 require the department to
regulate the drilling of a well past the permitted depth. This administrative
regulation establishes the requirements to operate a well and drill a well
deeper than the permitted depth.
Section
1. New Permit Required. The applicant shall obtain a permit, in
accordance with
805 KAR 1:010, to operate any well previously in violation of
KRS Chapter 349 or 353, 805 KAR Chapter 1 or 9, and whose bond the
division has
forfeited for noncompliance. Before a new permit is granted the applicant shall
comply with:
(1) 805 KAR Chapter 1 for all
wells; and
(2) KRS Chapter 353 for
oil and gas wells; or
(3) KRS
Chapter 349 for coalbed methane wells.
Section 2. New Permit Not Required. An
operator may operate an existing well if the operator submits a completed and
notarized Well Transfer, Form OG-13, incorporated by reference in
805 KAR 1:170 and bonding as required in
KRS 353.590(7) and
349.120 if either of the
conditions in paragraphs (a) and (b) of this subsection apply.
(1) The well is producing or capable of
producing, not abandoned, and not in violation of KRS Chapter 353 or 349 or 805
KAR Chapter 1; or
(2) The well has
been abandoned by the previous operator, but the current operator's sole intent
is to reenter the well for the purpose of properly plugging and abandoning
it.
Section 3. New
Permit Required for
Deepening. The operator:
(1) Shall obtain a new permit, in accordance
with
805 KAR 1:010, prior to
deepening any well if:
(a) The original permit is more than one (1)
year old; or
(b) The original well
was drilled prior to the permitting requirements of the department;
and
(2) Shall not drill
until the permit is issued.
Section
4.
(1) New Permit Not Required
for Deepening. The permitted operator may deepen an existing well if the permit
is not more than one (1) year old and if the well has not been drilled past the
permitted and bonded depth.
(2) For
coalbed methane wells, an operator shall not drill deeper than the permitted
depth if the drilling causes the well to be in noncompliance with the well
spacing standards established in KRS 349.075 or the notice requirements
established in KRS 349.015.
Section
5. Drilling Deeper Than the Permitted Depth. An operator may drill
deeper than the permitted depth of the well if the operator brings the permit
into compliance within the time and conditions established in subsections (1)
through (4) of this section.
(1) The operator
shall notify division personnel that the operator has drilled deeper than the
permitted depth the next department work day.
(2) The operator shall, within ten (10) days
of drilling deeper than the permitted depth, amend the permit to the depth to
which it was drilled drilled.
(3)
The operator shall, within ten (10) days of drilling deeper than the permitted
depth, submit additional bonding required to comply with KRS 353.590(7) and
349.120.
(4) The operator shall not
drill deeper than the permitted depth if the drilling causes the well to be in
noncompliance with the well spacing standards established in KRS 353.610 or
349.075.
Section 6. A
directional or horizontal well or a deep well shall not be deepened without
submitting to the director a revised plat and permit application prior approval
of the director or a permit therefor being issued.
Section 7. Operator Noncompliance. An
operator noncompliant with the requirements of this administrative regulation
shall be subject to penalties pursuant to KRS 353.991 for oil and gas wells and
KRS 349.155 for coalbed methane wells.