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353.592 Powers of the department.
In addition to the powers conferred upon the department by KRS 353.500 to 353.720
and notwithstanding any provision of KRS 353.500 to 353.720, the department is
authorized but not obligated to develop and promulgate a regulatory program for the
purpose of accepting primary responsibility for administration of the Underground
Injection Control Program under Section 1425 of the Safe Drinking Water Act (Public
Law 93-523 as amended). To that end, the department shall include in any
regulatory program developed and promulgated under this provision:
(1) Regulations regarding the drilling, casing, operation, plugging, construction,
conversion, maintenance, and abandonment of class II wells to protect
underground sources of drinking water and to prevent their endangerment;
(2) Regulations prohibiting underground injection through class II wells except as
authorized by such regulations or by a permit issued pursuant thereto;
(3) Regulations requiring owners or operators of class II wells to demonstrate
financial responsibility for the costs of closure of all class II wells. Such
demonstration of financial responsibility may include but need not be limited to
the well plugging bond required by KRS 353.590(5) and (9);
(4) Regulations providing for reasonable public notice of applications for permits
for class II wells and providing for public participation in the issuance of such
permits;
(5) Regulations establishing a schedule of fees for the mechanical integrity testing
and periodic registration of class II wells to be paid by the owners or operators
thereof. The schedule of fees shall be based upon the reasonable cost to the
department of administering the underground injection control program. The
regulations may provide for the collection of a fee prior to delegation of
authority by the Federal Environmental Protection Agency which shall be
refunded by the department if the department does not receive said delegation.
No regulation promulgated pursuant to this section shall authorize the endangerment
of an underground source of drinking water or be more stringent than regulations
promulgated by the Environmental Protection Agency pursuant to the Underground
Injection Control Program of the Safe Drinking Water Act, 42 U.S.C. sec. 300f et
seq.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 160, sec. 3, effective July 12, 2006. -Created 1986 Ky. Acts ch. 277, sec. 3, effective July 1, 1986.
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