Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS
Section 28-45-22 - Permit required for a brine pond

Universal Citation: KS Admin Regs 28-45-22

Current through Register Vol. 43, No. 12, March 20, 2024

(a) Since the underground storage of hydrocarbons and the access to and transfer of hydrocarbons is dependent on the safe and secure operation and maintenance of associated brine ponds, no person shall construct, operate, or maintain any brine pond associated with an underground hydrocarbon storage facility without obtaining a brine pond permit from the secretary.

(b) Each permittee of a brine pond in existence before April 1, 2003 shall meet the requirements for liner construction if either of the following conditions exists:

(1) A potential threat to public health, safety, or the environment exists.

(2) An existing brine pond is dewatered due to the repair, replacement, or expansion of the brine pond.

(c) A variance may be granted by the secretary if both of the following conditions are met:

(1) The variance is protective of public health, safety, and the environment.

(2) The applicant or permittee agrees to perform any additional monitoring or brine pond improvements, or both, if required by the secretary.

(d) Each applicant or permittee seeking a variance shall submit a written request, including a justification for the variance and any supporting data, to the secretary for review and consideration for approval.

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