Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS
Section 28-45-23 - Brine pond application and permit

Universal Citation: KS Admin Regs 28-45-23

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

(a) Each permittee of an existing brine pond and each applicant for a permit for a new brine pond shall submit an application for a permit to the secretary. Upon review of the application, either of the following shall be issued by the secretary:

(1) A final permit if the application is approved; or

(2) a notice that the permit has been denied if the applicant has not complied with the requirements of this article of regulations. The notice shall include justification for the permit denial.

(b) Each permit for a brine pond shall be authorized for a term not to exceed 10 years.

(c) Each permittee of an existing brine pond shall submit an application, on a form furnished by the department, to the secretary within six months after April 1, 2003.

(d) Each permittee shall submit a completed application to renew a permit not less than 90 days before the expiration date of the permit in effect.

(e) Each applicant for a permit for a new brine pond shall submit a completed application to the secretary not less than 90 days before the construction of the new brine pond commences. Brine pond construction shall not begin until the secretary has issued the permit.

(f) Each permit application for a new brine pond shall include a hydrogeological investigation conducted under the direction of a licensed geologist or a licensed professional engineer.

(g) Each hydrogeological investigation for a new brine pond shall include the following information:

(1) A site characterization for brine pond construction shall meet the following requirements:
(A) The bottom of the brine pond shall be determined by the lowest surface elevation of compacted or excavated soils used in creating the pond structure.

(B) All required excavations or boreholes shall be drilled to a depth of at least 10 feet below the bottom of the brine pond.

(C) A separation distance of at least 10 feet shall be maintained between the brine pond bottom and the water table.

(D) The surface area shall be measured at the interior top dike elevation.

(2) The location and elevation of each borehole or excavation, based on surface area, shall be determined by the following criteria:
(A) A minimum of two boreholes or excavations for each five acres of proposed brine pond surface area; or

(B) a minimum of two boreholes or excavations if the brine pond surface area is less than five acres.

(3) The following information shall be submitted for each borehole or excavation:
(A) A log of soil types encountered in each borehole or excavation; and

(B) a groundwater level measurement at each borehole or excavation.

(h) Each permittee shall notify the department at least five days before conducting any field activities for the hydrogeological investigation.

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