55-179. Investigation of complaint by the commission; findings; responsibility for remedial action; costs; hearings; orders. - Kansas Statutes

55-179

Chapter 55.--OIL AND GAS Article 1.--OIL AND GAS WELLS; REGULATORY PROVISIONS

      55-179.   Investigation of complaint by thecommission; findings;responsibility for remedial action; costs; hearings; orders.(a) Upon receipt of any complaint filed pursuant to K.S.A. 55-178and amendments thereto, thecommission shall make an investigationfor the purpose ofdetermining whether such abandoned well is polluting or is likely topollute any usable water strata or supply or causing the loss of usablewater, or the commission may initiatesuch investigation on its own motion. If the commissiondetermines:

      (1)   That such abandoned well is causing or likely to causesuch pollution or loss; and

      (2) (A)   that no person islegally responsible for the proper care and control of such well;or (B) that the person legally responsible for thecare and control of such well is dead, is no longer in existence, isinsolvent or cannot be found, then, aftercompleting its investigation, and as funds are available, the commissionshall plug, replug orrepair such well, or cause it to be plugged, replugged or repaired, insuch a manner as to prevent any further pollution or danger of pollutionof any usable water strata or supply or loss of usable water, and shallremediate pollution from the well, whenever practicable and reasonable. Thecost of the investigation; the plugging, replugging or repair; andthe remediation shall bepaid by the commission from the well pluggingassurance fund or the abandoned oiland gas well fund, as appropriate.

      (b)   For the purposesof this section, a person who is legally responsible forthe proper care and control of an abandoned well shall include, butisnot limited to, one or more of the following: Any operator of a waterfloodor other pressuremaintenance program deemed to be causing pollution or loss of usable water;the current or last operator of the lease upon which such well is located,irrespective of whether such operator plugged or abandoned such well;the original operator who plugged or abandonedsuch well; and any person who without authorization tampers with or removessurface equipment or downhole equipment from an abandoned well.

      (c)   Whenever the commission determines that awell has been abandoned and is causing or is likely to cause pollutionof any usable water strata or supply or loss of usable water, and wheneverthe commission hasreason to believe that a particular person islegally responsible for the proper care and control of such well, thecommission shall cause such person to come beforeit at a hearing held in accordance with the provisionsof the Kansas administrative procedure act to show cause why the requisite careand control has not beenexercised with respect to such well. After such hearing, if thecommission finds that the person is legallyresponsible for the proper care and control of such well and that suchwell is abandoned, in fact, and is causing or is likely to causepollution of any usable water strata or supply or loss of usable water,the commission may make any order or orders prescribed in K.S.A.55-162, and amendments thereto. Proceedings forreconsideration and judicial review ofany of the commission'sorders may be held pursuant to K.S.A. 55-606, and amendments thereto.

      (d)   For the purpose of thissection, any well which has been abandoned, in fact, and has not beenplugged pursuant to the rules andregulations in effect at the time of plugging such well shall be and ishereby deemed likely to cause pollution of any usable water strata or supply.

      (e)   For the purpose of this section, the person legally responsiblefor the proper care and control of an abandoned well shall not include thelandowner or surface owner unless the landowner or surface owner hasoperated or produced the well, has deliberately altered or tampered withsuch well thereby causing the pollution or has assumed by written contractsuch responsibility.

      History:   L. 1986, ch. 201, § 31;L. 1988, ch. 356, § 165;L. 1993, ch. 62, § 1;L. 1996, ch. 263, § 7;L. 2001, ch. 191, § 6; July 1.