2014 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.
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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
(5)
notice of intent to 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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