805 KAR 1:120. Operating or deepening existing wells and drilling deeper than the permitted depth.


      RELATES TO: KRS 353.520

      STATUTORY AUTHORITY: KRS Chapter 13A, 353.540, 353.550, 353.560, 353.570, 353.590

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 requires the Department for Natural Resources to regulate the drilling and operation of all wells, while KRS 353.590 requires it to regulate the drilling of a well past the permitted depth. This administrative regulation establishes the requirements to operate a well and drill deeper than the permitted depth.


      Section 1. Definitions. The definitions contained in KRS 353.510 and the following additional definitions shall apply to this administrative regulation:

      (1) "Deepening" means the drilling deeper of any existing well where new drilling is to proceed past the depth at which the initial drilling of the well ceased.

      (2) "Operating a well" means to reenter, reopen, deepen, drill, inject into, produce, attempt to produce, or work over, any well.


      Section 2. Permit Required. The operator shall obtain a permit to operate any well if the well is in violation of applicable standards and the department has forfeited the bond for noncompliance.


      Section 3. Permit Not Required. An operator may operate an existing well if he submits an acceptable well transfer on form ED-13 and bonding as required in KRS 353.590(5) if the conditions in subsections (1) and (2) of this section apply. The well transfer form, ED-13, revised April 4, 1990, is filed and incorporated herein by reference. Copies may be obtained from the Department for Natural Resources, P.O. Box 14090, Lexington, Kentucky 40512-4090, Monday through Friday, 8 a.m. to 4:30 p.m.

      (1) The well is producing or capable of producing, not abandoned and not in violation of applicable standards; or

      (2) The well has been abandoned by the previous operator, but the current operator's sole intent is to reenter the well for the purpose of properly plugging and abandoning it.


      Section 4. Permit Required for Deepening. The operator shall obtain a new permit prior to deepening any well if the original permit is more than one (1) year old or the original well was drilled prior to the permitting requirements of the department, and shall not drill until the permit is issued.


      Section 5. Permit Not Required for Deepening. The permitted operator may deepen an existing well if the permit is not more than one (1) year old and if the well has not been drilled past the permitted and bonded depth.


      Section 6. Drilling Deeper Than the Permitted Depth. An operator may drill deeper than the permitted depth of the well provided that he brings his permit into compliance within the time and conditions set forth below:

      (1) The operator shall notify division personnel that he has drilled deeper than the permitted depth the next official work day of the department.

      (2) The operator shall, within ten (10) days of drilling deeper than the permitted depth, amend his permit to the depth to which he has drilled.

      (3) The operator shall, within ten (10) days of drilling deeper than the permitted depth, submit additional bonding required to satisfy KRS 353.590(5).

      (4) The operator shall not drill deeper than the permitted depth if such drilling causes the well to be in noncompliance with the well spacing standards set out in KRS 353.610.


      Section 7. A directional or horizontal well or a deep well shall not be deepened without prior approval of the director or a permit therefor being issued.


      Section 8. An operator in noncompliance with the requirements of this administrative regulation is subject to penalties pursuant to KRS 353.991. (18 Ky.R. 233; Am. 1021; eff. 9-25-91; TAm eff. 8-9-2007.)