Agency 82, Article 3 — PRODUCTION AND CONSERVATION OF OIL AND GAS

(Authorized by and implementing K.S.A. 66-1,185; effective, T-83-44, Dec. 8, 1982; effective May 1, 1983; revoked Aug. 29, 1997.)

Pit permits; penalty; applica- tion and approval. (a) Pits shall not be used to contain fluids resulting from oil and gas activities until approved by the commission. Pits shall be permitted only upon application to and approv- al by the commission. Use of a pit without a pit per…

Pit permit revocation. A pit permit may be revoked by the director of the conservation division if fresh or usable water re- sources are in danger of becoming polluted by the use of the pit or if the operator of a pit is not in compliance with the permit requirements. Each pit fo…

(Authorized by K.S.A. 1990 Supp. 55-152, 55-164; implementing K.S.A. 1990 Supp. 55-152, 55-171, 74-623; effective July 29, 1991; revoked April 23, 2004.)

(Authorized by K.S.A. 55-152, as amended by L. 1986, Ch. 201, Sec. 9; imple- menting K.S.A. 55-152, as amended by L. 1986, Ch. 201, Sec. 9; L. 1986, Ch. 201, new Sec. 1, 23; effective, T-87-46; effective May 1, 1987; re- voked July 29, 1991.)

Pit construction; sensitive groundwater areas; reporting. (a) Freeboard. All drilling, work-over, burn, and containment pits shall be constructed with a minimum of 12 inches of freeboard. All emergency and settling pits shall be constructed with a minimum of 30 inches of freeboar…

Sensitive groundwater ar- eas; exception procedure. (a) Each operator of an emergency pit in a sensitive groundwater area as designated by “table III: established sensi- tive groundwater areas for surface ponds,” dated March 2000 and hereby adopted by reference, may request an ex…

Closure of pits; disposal of pit contents; closure form; drilling fluid manage- ment; surface restoration. (a) Closure of pits. (1) Unless otherwise specified in writing by the commission, each operator shall close the following: (A) Drilling pits or haul-off pits within 365 cal-…

Spill notification and cleanup; penalty; lease maintenance. (a) Spill preven- tion. Each operator shall act with reasonable dil- igence to prevent spills and safely confine salt- water, oil, and refuse in tanks, pipelines, pits, or dikes. (b) Notification. (1) Each operator shall…

Spill notification to landown- er or representative; penalty. (a) Notification required. Each operator shall make good faith ef- forts to notify the landowner or the landowner’s representative of any spill or escape that is re- quired to be reported to the conservation division u…

Discharges into emergency pits and diked areas; removal of fluids; penal- ties. (a) Notification of discharge. Each operator shall notify the appropriate district office with- in 24 hours of discovery or knowledge of any oil field-related discharge of five or more barrels of salt…

(Authorized by and implement- ing K.S.A. 1993 Supp. 55-152, 55-164, 55-171, 55-172; effective July 29, 1991; amended June 6, 1994; revoked April 23, 2004.)

Chemical dumping prohibited; penalty. (a) The dumping or release of chemical substances and other nonexempt waste associated with any drilling or production operation, as listed in K.A.R. 28-31-3, into pits or diked areas shall be strictly prohibited. Nonexempt waste shall in- cl…

Disposal of dike and pit con- tents. (a) Each operator shall perform one of the following when disposing of dike or pit contents: (1) Remove the liquid contents to a disposal well or other oil and gas operation approved by the commission or to road maintenance or con- struction l…

Transfer of refuse. (a) Each operator shall file a form prescribed by the com- mission within 30 days after the operator transfers refuse from any pit or diked area or refuse relating to any remediation or cleanup activity. (b) The failure to timely submit the form spec- ified in…

Definitions. As used in these regulations for cathodic protection facilities, the following terms shall have the meanings specified: (a) “Annular space” means the space between the surface casing and the borewall or the space between two or more strings of surface casing in a cat…

Intent to drill cathodic pro- tection boreholes; notification; penalty; ex- emption. This regulation shall apply in Kansas except for groundwater management districts #2 and #5. Each owner, operator, or person respon- sible for drilling a cathodic protection borehole in groundwat…

Construction of cathodic pro- tection boreholes, measurements, logging, reports, penalty. This regulation shall apply in Kansas except for groundwater management districts #2 and #5. Each owner, operator, or per- son responsible for the construction of a cathod- ic protection bor…

Surface construction require- ments, appurtenances, vault and below- ground construction, penalty. This regulation shall apply in Kansas except for groundwater man- agement districts #2 and #5. Each owner, opera- tor, or person responsible for the construction of a cathodic prote…

Plugging methods and proce- dures for cathodic protection boreholes, site restoration, submission of plugging report, penalty. This regulation shall apply in Kansas except for groundwater management districts #2 and #5. Each owner, operator, or person responsi- ble for the pluggi…

(a) Except as set forth in subsection (e) of this regulation, each owner, operator, or per- son responsible for drilling a cathodic protection borehole shall submit written notice of the inten- tion to drill to the conservation division for permit approval before the commencement…

Groundwater management districts #2 and #5: drilling contractor; log- ging; construction; reports. This regulation shall apply only within the boundaries of ground- water management districts #2 and #5. (a) Only a driller or water well contractor licensed with the Kansas departme…

Groundwater management districts #2 and #5: anode, anode conductor, and anode conductor grout requirements for cased and uncased boreholes. This reg- ulation shall apply only within the boundaries of groundwater management districts #2 and #5. (a) Each operator, owner, or person …

Groundwater management districts #2 and #5: surface construction requirements for cased cathodic protec- tion boreholes. This regulation shall apply only within the boundaries of groundwater manage- ment districts #2 and #5. (a) Each operator, own- er, or person responsible shall…

Groundwater management districts #2 and #5: construction specifica- tions for uncased cathodic boreholes. This regulation shall apply only within the boundar- ies of groundwater management districts #2 and #5. Each operator, owner, or person responsible shall ensure that the requ…

Groundwater management districts #2 and #5: abandonment, plugging methods, and procedures for cathodic pro- tection boreholes, reports, and restoration. This regulation shall apply only within the bound- aries of groundwater management districts #2 and #5. (a) A cathodic protecti…

Licensing. Each person operat- ing any gas-gathering system within the state of Kansas shall be licensed by the commission. Any person claiming an exemption from reporting un- der L. 1997, Ch. 132, § 22 shall be licensed. (Au- thorized by and implementing K.S.A. 1997 Supp. 55-155…

Report furnished by persons offering gas-gathering services; penalty. (a) Each person offering gas-gathering services shall file with the commission the following data on forms prescribed by the commission: (1) data on rates paid for natural gas purchased at the wellhead on each …

Gas-gathering services and ac- cess, complaint, hearing. (a) Each person offer- inganygas-gatheringservicesorfacilitiesessential to providing these services shall do so in a manner that is just, reasonable, not unjustly discriminato- ry, and not unduly preferential to persons see…

Abuse of complaint procedure. No person shall abuse the complaint process in any manner, including causing a delay in the pro- ceedings that may damage a party’s ability to pur- sue or defend the complaint. Any action deemed necessary to protect the rights of a party against abus…

Notice of termination. A public utility providing service from a gas-gathering sys- tem shall provide written notice to the executive director of the commission at its Topeka office and to the person receiving service, not later than No- vember 1 preceding the calendar year of se…

Enhanced recovery severance tax exemption, application, hearing, penal- ty. (a) Any operator seeking exemption from the severance tax provisions pursuant to K.S.A. 79- 4217, and amendments thereto, shall submit an application to the director of the conservation di- vision. The co…

Determination of base pro- duction. “Base production,” as defined in K.S.A. 79-4217(b)(6)(A)(2), and amendments thereto, shall be determined with respect to production decline by the operator certifying under penalty of perjury as to the 12-month history of any well or wells that…

Relief from severance tax; when available. Relief from the severance tax under K.S.A. 79-4217, and amendments thereto, shall be available only to a well that has been in ex- istence for no fewer than 12 months in order that an accurate production decline curve can be cal- culated…

Certification of well history; right to review. As part of the certification pro- cess, the operator shall certify that the history file of each well or wells substantiates that the efforts taken with respect to a work-over as defined in K.S.A. 79-4217, and amendments thereto, ar…

Wells qualifying for both new pool and production enhancement severance tax exemptions. When a new well or the opening ofanewzoneinanexistingwellwouldqualifyfora severance tax exemption both as a new pool under K.S.A. 79-4217(b)(4), and amendments thereto, and as a production enh…

New technology; qualification for severance tax exemption. “New technolo- gy,” as used in K.S.A. 79-4217 and amendments thereto, shall include three-dimensional seismic studies and other technology that may be certi- fied by the KCC technical staff. The applicant shall furnish to…

Production enhancement proj- ects; secondary recovery projects. For sec- ondary recovery projects, the base production and production decline calculations required under K.A.R. 82-3-901 shall be based on either of the following: (a) Aggregate production of all producing wells wit…

Production enhancement proj- ect; multiple well lease. When a production en- hancement project is performed on a multiple well lease producing into a common battery or meter, the operator shall make a separate filing for each well. A production test shall be performed on each ind…

Definition, “start-up date.” The term “start-up date” shall be defined as the date of the first sale following the production enhance- ment procedure. (Authorized by and implement- ing K.S.A. 79-4217, as amended by L. 1998, ch. 130, sec. 28; effective March 19, 1999.)