2014 Kentucky Revised Statutes CHAPTER 349 - COALBED METHANE DEVELOPMENT 349.050 Requirements and procedures for stimulating workable coal seam -- Contents and construction of agreements to stimulate -- Request for hearing -- Liability of well operator.
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349.050 Requirements and procedures for stimulating workable coal seam -Contents and construction of agreements to stimulate -- Request for
hearing -- Liability of well operator.
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If any coal interest holder has objected to the proposed stimulation pursuant to
KRS 349.020(1), no permit shall be issued to stimulate a coalbed methane well
unless the applicant has obtained and filed with the department an agreement
between the coal interest holders of any workable coalbed within five hundred
(500) horizontal feet of the proposed coalbed methane well to be stimulated
and within the five hundred (500) foot horizontal radius and fifty (50) vertical
feet above or below the workable coalbed proposed to be stimulated.
The requirement for an agreement to stimulate in this section shall not be
construed to impair, abridge, or affect any contractual rights or obligations
arising out of a contract, lease, deed, or similar agreement which provides for
the development of coalbed methane and stimulation of workable coalbeds
between the applicant and the coal interest holder. The existence of any such
contract, lease, deed, or similar document shall constitute a waiver of the
requirement to file an agreement to stimulate with the department.
An agreement to stimulate shall provide:
(a) That the coal interest holder has been provided with a copy of the permit
application to drill a coalbed methane well and a copy of all plats and
documents which may accompany the application; and
(b) That the coal interest holder agrees to the stimulation of the workable
coalbed as described in the application.
Subject to KRS 349.020(5), in the absence of the applicant submitting the
agreement to stimulate as described herein, the applicant may submit a
request for a hearing before the review board accompanied by an affidavit, or
verified statement, which shall include the following:
(a) A statement that the coal interest holder has refused to sign a written
agreement to stimulate the workable coalbed;
(b) A statement detailing the efforts undertaken to obtain the signed
agreement to stimulate; and
(c) A statement that the proposed method of stimulation does not involve the
use of explosives and will not have a significant adverse affect on the
mineability of the workable coalbed, or impair mine safety.
The failure to obtain an agreement to stimulate shall in no way create an
inference or presumption that the method of stimulation proposed by the
applicant will harm the workable coalbed.
Upon receipt of a request for a hearing and an affidavit, or verified statement,
as set forth in this section, the department shall forward the application to the
review board to consider the proposed stimulation, or if other objections or
requests are filed requiring a hearing before the review board, the request may
be included for consideration by the review board along with other matters
related to the permit application.
Any well operator that stimulates a workable coalbed without an agreement to
stimulate from the coal interest holder shall be liable in tort without proof of
negligence for any damages proximately caused by the stimulation to the
workable coalbed, or any other workable coalbed within five hundred (500)
horizontal feet of the coalbed methane well stimulated or within the five
hundred (500) foot horizontal radius and fifty (50) vertical feet above or below
the workable coalbed stimulated and for damages to any mining equipment
proximately caused by the stimulation. The well operator shall be liable for
injury, death, or damage to property proximately caused by the stimulation.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 10, effective July 13, 2004.
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