2011 Kentucky Revised Statutes CHAPTER 349 COALBED METHANE DEVELOPMENT 349.025 Procedure for plugging and abandoning wells -- Request for hearing -- Exception -- Rights of coal interest holder.
KY Rev Stat § 349.025 (1996 through Reg Sess) What's This?
349.025 Procedure for plugging and abandoning wells -- Request for hearing -Exception -- Rights of coal interest holder.
(1)
(2)
(3)
(4)
Prior to the abandonment of a coalbed methane well drilled through a workable
coalbed, the well operator shall notify, by certified mail, return receipt requested, or
by registered mail, all the coal interest holders of the workable coalbed and the
department of the operator's intention to plug and abandon the well. The notice shall
give the number of the well and its location, and fix the time at which the work of
plugging and filling will be commenced. The time shall not be less than fifteen (15)
days after the day on which the notice was received, or in due course should be
received, by the department. The department shall prescribe the form of notice to be
used. A representative of any coal interest holder, at his or her own expense and
liability, and of the department may be present at the plugging and filling of the
well. Regardless of whether representatives appear, the well operator may proceed,
at the time fixed, to plug and fill the well. When the well is plugged and filled, an
affidavit setting forth the time and manner in which the well was plugged shall be
made in triplicate by two (2) persons experienced in plugging and filling wells who
participated in the work. The affidavit shall be made on forms furnished by the
department. One (1) copy of the affidavit shall be retained by the well operator, one
(1) provided to each coal interest holder, and one (1) provided to the department.
In addition to the notification required under subsection (1) of this section, prior to
the abandonment of a coalbed methane well the operator shall submit a plugging
plan which is subject to approval by the department. The proposed plugging plan
shall be designed to allow coal mining to occur through the well after the well is
plugged.
If a coalbed methane well ceases to produce in paying quantities and no dewatering
operations are being conducted for a period of fifteen (15) consecutive months, any
coal interest holder or any record oil or gas lessor or lessee of any tract being
penetrated by the coalbed methane well, may file a request for hearing pursuant to
KRS 349.060, to determine whether the well has been abandoned and should be
plugged in accordance with this section. However, nothing in this subsection shall
require the plugging and abandonment of a coalbed methane well that is being
temporarily shut in by the coalbed methane well operator. Simultaneously with the
filing of a request for a hearing with the department, the person requesting the
hearing shall send a copy of the request to the coalbed methane well operator.
Any coal interest holder shall have the following rights with respect to a coalbed
methane well to be plugged and abandoned:
(a) To convert the coalbed methane well to a vent hole or otherwise take the
coalbed methane well. In this event the department, upon determination that
the coal interest holder has placed the coalbed methane well under a mining
permit, shall release the coalbed methane well operator's bond and the coalbed
methane well operator shall be relieved of further responsibility for the
coalbed methane well; and
(b) To file an objection concerning the proposed manner or method of plugging
with the department, within fifteen (15) days after receipt of notice of intent to
(5)
plug. The department shall consider any objection and may issue an order
specifying the manner and method of plugging and reclamation consistent
with this section.
All coalbed methane wells shall be plugged and abandoned in accordance with this
section. The department shall promulgate regulations specifying the manner and
method of plugging vertical and horizontal coalbed methane wells and in so doing,
or in entering any order for such plugging and abandonment, shall give
consideration to the ability to mine any affected coal seam safely and the protection
of any affected coal seam for future mining.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 5, effective July 13, 2004.
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