History: L. 1899, ch. 143, § 1; Feb. 22; R.S. 1923, 55-101.
(b) Natural gas produced from natural gas wells or in connection with the production of oil, or coalbed natural gas produced from coal seams or associated shale, may be flared, vented or used in any manner if such use, flaring or venting is authorized by order or rules and regulations of the state corporation commission.
History: L. 1901, ch. 224, § 1; R.S. 1923, 55-102; L. 1983, ch. 183, § 1; L. 2002, ch. 206, § 1; June 13.
History: L. 1901, ch. 224, § 2; March 22; R.S. 1923, 55-103.
History: L. 1901, ch. 224, § 3; March 22; R.S. 1923, 55-104.
History: L. 1901, ch. 224, § 4; March 22; R.S. 1923, 55-105.
History: L. 1901, ch. 224, § 5; March 22; R.S. 1923, 55-106.
History: L. 1901, ch. 224, § 6; March 22; R.S. 1923, 55-107.
History: L. 1901, ch. 224, § 7; March 22; R.S. 1923, 55-108.
History: L. 1901, ch. 224, § 8; March 22; R.S. 1923, 55-109.
History: L. 1905, ch. 210, §§ 1, 2; R.S. 1923, 55-110, 55-111; Repealed, L. 1995, ch. 8, § 1; July 1.
(b) The provisions of subsection (a) shall not apply to any gathering lines which are exempted from 49 CFR part 192.
History: L. 1905, ch. 312, § 1; R.S. 1923, 55-112; L. 1989, ch. 162, § 1; July 1.
History: L. 1905, ch. 312, § 2; L. 1920, ch. 43, § 1; R.S. 1923, 55-113; Repealed, L. 1957, ch. 310, § 2; June 29.
History: L. 1905, ch. 312, § 3; R.S. 1923, 55-114; L. 1935, ch. 207, § 1; L. 1957, ch. 310, § 1; June 29.
History: L. 1891, ch. 151, § 1; R.S. 1923, 55-115; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1891, ch. 151, § 2; R.S. 1923, 55-116; L. 1931, ch. 225, § 1; Repealed, L. 1937, ch. 263, § 1; June 30.
History: L. 1891, ch. 151, § 3; R.S. 1923, 55-117; L. 1973, ch. 106, § 13; L. 1978, ch. 105, § 16; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1919, ch. 233, § 1; R.S. 1923, 55-118; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1919, ch. 233, § 2; R.S. 1923, 55-119; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1919, ch. 233, § 3; R.S. 1923, 55-120; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1921, ch. 198, § 1; R.S. 1923, 55-121; L. 1951, ch. 327, § 1; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1921, ch. 198, § 2; R.S. 1923, 55-122; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1913, ch. 201, §§ 1, 2; R.S. 1923, 55-123, 55-124; Repealed, L. 1935, ch. 208, § 6; March 19.
History: L. 1913, ch. 201, §§ 3 to 5; R.S. 1923, 55-125 to 55-127; Repealed, L. 1935, ch. 208, § 6; March 19.
History: L. 1935, ch. 208, § 1; L. 1953, ch. 266, § 1; L. 1957, ch. 311, § 1; L. 1971, ch. 187, § 1; L. 1975, ch. 462, § 62; L. 1978, ch. 347, § 7; L. 1980, ch. 160, § 1; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1953, ch. 266, § 2; L. 1957, ch. 312, § 4; L. 1963, ch. 398, § 11; L. 1975, ch. 440, § 3; L. 1978, ch. 211, § 2; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1953, ch. 266, § 3; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1976, ch. 238, § 1; L. 1978, ch. 347, § 8; L. 1982, ch. 228, § 16; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1981, ch. 218, § 1; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1935, ch. 208, § 2; L. 1982, ch. 228, § 7; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1935, ch. 208, § 3; L. 1953, ch. 266, § 4; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1935, ch. 208, § 4; L. 1953, ch. 266, § 5; L. 1957, ch. 312, § 5; L. 1975, ch. 440, § 4; L. 1978, ch. 211, § 3; L. 1982, ch. 228, § 6; L. 1986, ch. 202, § 1; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1935, ch. 208, § 5; L. 1953, ch. 266, § 6; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1957, ch. 318, §§ 1, 2; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1935, ch. 212, § 1; L. 1965, ch. 339, § 1; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1935, ch. 212, § 2; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1935, ch. 212, § 3; L. 1978, ch. 211, § 4; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1947, ch. 311, §§ 1, 2; L. 1957, ch. 313, §§ 1, 2; L. 1975, ch. 462, §§ 63, 64; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1947, ch. 311, § 3; Repealed, L. 1982, ch. 228, § 26; July 1.
History: L. 1949, ch. 308, § 1; L. 1953, ch. 284, § 2; L. 1971, ch. 187, § 2; L. 1975, ch. 462, § 65; L. 1982, ch. 228, § 17; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1949, ch. 308, § 2; L. 1953, ch. 284, § 3; L. 1971, ch. 187, § 3; L. 1982, ch. 228, § 18; L. 1985, ch. 182, § 1; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1971, ch. 187, § 6; L. 1982, ch. 228, § 19; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1971, ch. 187, § 7; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1949, ch. 308, § 3; L. 1971, ch. 187, § 4; L. 1978, ch. 211, § 5; L. 1982, ch. 228, § 20; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1971, ch. 187, § 8; L. 1982, ch. 385, § 1; Repealed, L. 1986, ch. 201, § 41; July 1.
History: L. 1949, ch. 308, § 4; Repealed, L. 1986, ch. 201, § 41; July 1.
(b) Whenever the state corporation commission determines that the unencumbered balance of moneys credited to the conservation fee fund at the end of a fiscal year is more than necessary, when considered in relation to the amount of revenues and expenditures estimated for the ensuing fiscal year and an appropriate unencumbered balance in the fund at the end of the ensuing fiscal year, the commission shall proportionally reduce all fees and assessments which are charged, taxed or assessed by the commission as authorized or required by law, other than fees or assessments in amounts prescribed by statute or any penalties authorized by statute, and which are collected and deposited to the credit of the conservation fee fund, in order to reduce such unencumbered ending balance in the fund to an appropriate amount.
History: L. 1978, ch. 211, § 1; L. 1982, ch. 228, § 21; L. 1986, ch. 202, § 2; L. 1986, ch. 201, § 37; L. 1995, ch. 204, § 9; July 1.
(a) "Commission" means the state corporation commission.
(b) "Contractor" means any person who acts as agent for an operator as a drilling, plugging, service rig or seismograph contractor in such operator's oil and gas, cathodic protection, gas gathering or underground natural gas storage operations.
(c) "Fresh water" means water containing not more than 1,000 milligrams per liter, total dissolved solids.
(d) "Gas gathering system" means a natural gas pipeline system used primarily for transporting natural gas from a wellhead, or a metering point for natural gas produced by one or more wells, to a point of entry into a main transmission line, but shall not mean or include: (1) Lead lines from the wellhead to the connection with the gathering system which are owned by the producing person; and (2) gathering systems under the jurisdiction of the federal energy regulatory commission.
(e) "Operator" means a person who is responsible for the physical operation and control of a well, gas gathering system or underground porosity storage of natural gas.
(f) "Person" means any natural person, partnership, governmental or political subdivision, firm, association, corporation or other legal entity.
(g) "Rig" means any crane machine used for drilling or plugging wells.
(h) "Underground porosity storage" has the meaning provided by K.S.A. 55-1,115, and amendments thereto.
(i) "Usable water" means water containing not more than 10,000 milligrams per liter, total dissolved solids.
(j) "Well" means a hole drilled or recompleted for the purpose of:
(1) Producing oil or gas;
(2) injecting fluid, air or gas in the ground in connection with the exploration for or production of oil or gas;
(3) obtaining geological information in connection with the exploration for or production of oil or gas by taking cores or through seismic operations;
(4) disposing of fluids produced in connection with the exploration for or production of oil or gas;
(5) providing cathodic protection to prevent corrosion to lines; or
(6) injecting or withdrawing natural gas.
History: L. 1982, ch. 228, § 1; L. 1986, ch. 201, § 7; L. 1992, ch. 68, § 1; L. 1996, ch. 147, § 1; L. 1997, ch. 132, § 20; L. 2001, ch. 191, § 19; July 1.
(b) The commission shall make available to the secretary of the department of health and environment information related to all notifications of intents to drill. The commission shall make available to the clerk of any county in which a well will be drilled information related to the intent to drill for such well.
History: L. 1982, ch. 228, § 2; L. 1986, ch. 201, § 8; L. 1986, ch. 203, § 2; L. 2007, ch. 119, § 1; July 1.
(b) The commission annually shall review current drilling methods, geologic formation standards, plugging techniques and casing and cementing standards and materials. Based on such review, the commission, if necessary, shall amend its rules and regulations to reflect any changes to be made in such methods, standards, techniques and materials from the previous year.
History: L. 1982, ch. 228, § 3; L. 1986, ch. 201, § 9; L. 1992, ch. 68, § 2; July 1.
History: L. 1982, ch. 228, § 4; L. 1993, ch. 83, § 1; L. 2004, ch. 101, § 88; July 1.
History: L. 1982, ch. 228, § 5; July 1.
(b) Every operator and contractor shall file an application or a renewal application with the commission. Application and renewal application forms shall be prescribed, prepared and furnished by the commission.
(c) No application or renewal application shall be approved until the applicant has:
(1) Provided sufficient information, as required by the commission, for purposes of identification;
(2) submitted evidence that all current and prior years' taxes for property associated with the drilling or servicing of wells have been paid;
(3) demonstrated to the commission's satisfaction that the applicant complies with all requirements of chapter 55 of the Kansas Statutes Annotated, all rules and regulations adopted thereunder and all commission orders and enforcement agreements, if the applicant is registered with the federal securities and exchange commission;
(4) demonstrated to the commission's satisfaction that the following comply with all requirements of chapter 55 of the Kansas Statutes Annotated, all rules and regulations adopted thereunder and all commission orders and enforcement agreements, if the applicant is not registered with the federal securities and exchange commission: (A) The applicant; (B) any officer, director, partner or member of the applicant; (C) any stockholder owning in the aggregate more than 5% of the stock of the applicant; and (D) any spouse, parent, brother, sister, child, parent-in-law, brother-in-law or sister-in-law of the foregoing;
(5) paid an annual license fee of $100, except that an applicant for a license who is operating one gas well used strictly for the purpose of heating a residential dwelling shall pay an annual license fee of $25;
(6) complied with subsection (d); and
(7) paid an annual license fee of $25 for each rig operated by the applicant. The commission shall issue an identification tag for each such rig which shall be displayed on such rig at all times.
(d) In order to assure financial responsibility, each operator shall demonstrate annually compliance with one of the following provisions:
(1) The operator has obtained an individual performance bond or letter of credit, in an amount equal to $.75 times the total aggregate depth of all wells (including active, inactive, injection or disposal) of the operator.
(2) The operator has obtained a blanket performance bond or letter of credit in an amount equal to the following, according to the number of wells (including active, inactive, injection or disposal) of the operator:
(A) Wells less than 2,000 feet in depth: 1 through 5 wells, $7,500; 6 through 25 wells, $15,000; and over 25 wells, $30,000.
(B) Wells 2,000 or more feet in depth: 1 through 5 wells, $15,000; 6 through 25 wells, $30,000; and over 25 wells, $45,000.
(3) The operator: (A) Has an acceptable record of compliance, as demonstrated during the preceding 36 months, with commission rules and regulations regarding safety and pollution or with commission orders issued pursuant to such rules and regulations; (B) has no outstanding undisputed orders issued by the commission or unpaid fines, penalties or costs assessed by the commission and has no officer or director that has been or is associated substantially with another operator that has any such outstanding orders or unpaid fines, penalties or costs; and (C) pays a nonrefundable fee of $100 per year.
(4) The operator pays a nonrefundable fee equal to 6% of the amount of the bond or letter of credit that would be required by subsection (d)(2).
(5) The state has a first lien on tangible personal property associated with oil and gas production of the operator that has a salvage value equal to not less than the amount of the bond or letter of credit that would be required by subsection (d)(1) or by subsection (d)(2).
(6) The operator has provided other financial assurance approved by the commission.
(e) Upon the approval of the application or renewal application, the commission shall issue to such applicant a license which shall be in full force and effect until one year from the date of issuance or until surrendered, suspended or revoked as provided in K.S.A. 55-162, and amendments thereto. No new license shall be issued to any applicant who has had a license revoked until the expiration of one year from the date of such revocation.
(f) If an operator transfers responsibility for the operation of a well or gas gathering system or for underground porosity storage of natural gas to another person, the transfer shall be reported to the commission in accordance with rules and regulations of the commission.
(g) The commission shall remit all moneys received from fees assessed pursuant to subsection (c)(7) of this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the conservation fee fund created by K.S.A. 55-143, and amendments thereto.
(h) The commission shall remit all moneys received pursuant to subsections (d)(3) and (d)(4) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the well plugging assurance fund.
History: L. 1982, ch. 228, § 8; L. 1986, ch. 201, § 10; L. 1992, ch. 68, § 3; L. 1995, ch. 139, § 1; L. 1996, ch. 263, § 5; L. 1998, ch. 61, § 2; L. 2001, ch. 5, § 190; L. 2001, ch. 191, § 4; L. 2005, ch. 173, § 1; July 1.
History: L. 1982, ch. 228, § 9; L. 1993, ch. 291, § 228; July 1.
History: L. 1982, ch. 228, § 10; L. 1993, ch. 291, § 229; July 1.
History: L. 1982, ch. 228, § 11; L. 1986, ch. 201, § 11; L. 1995, ch. 204, § 10; July 1.
History: L. 1982, ch. 228, § 12; L. 1986, ch. 201, § 12; July 1.
History: L. 1982, ch. 228, § 13; L. 1986, ch. 201, § 13; July 1.
History: L. 1982, ch. 228, § 14; L. 1986, ch. 201, § 14; L. 1996, ch. 263, § 6; L. 2001, ch. 191, § 5; July 1.
(1) Order the person to take such action necessary to remedy the violation;
(2) order the well or the lease to be shut down until the violation is corrected;
(3) order the person to pay any costs and reasonable attorney fees incurred by the commission in any action pursuant to this section and in any action to enforce an order entered by the commission pursuant to this section and to pay interest on any portion of such costs and attorney fees which remains unpaid more than 30 days after imposition, at the rate provided by K.S.A. 16-204 and amendments thereto and for interest on judgments;
(4) order any combination of such orders enumerated in paragraphs (1), (2) and (3); or
(5) if the commission finds that a person has not complied with an order issued under paragraph (1), (2), (3) or (4), the commission may order the suspension or revocation of any license issued pursuant to this act to such person.
(b) If it appears to the commission that damage may result if immediate remedial action is not taken, the commission, on the basis of emergency adjudicative proceedings, shall make such orders as provided in subsection (a), or may authorize its agents to enter upon the land where the well is located and take such remedial action necessary pending the giving of notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Proceedings for reconsideration and judicial review of any order shall be conducted in the manner provided for the conduct of reconsideration and review proceedings under K.S.A. 55-606, and amendments thereto.
(d) Agents of the commission shall investigate any written or oral complaint within 72 hours of receipt thereof, not including Sundays and legal holidays, except that if such investigation is impracticable within such time frame, the agent shall communicate the same to the person making the complaint and make alternative arrangements for such investigation.
(e) Whenever a person is in violation of subsection (a) or subsection (b) agents of the commission may enter upon the lease or any other leases under the control of such operator and seal any well operated by the offending party. Removal of the seal without commission approval will constitute a severity level 9, nonperson felony.
History: L. 1982, ch. 228, § 15; L. 1986, ch. 201, § 15; L. 1988, ch. 356, § 163; L. 1995, ch. 95, § 1; L. 1995, ch. 204, § 11; L. 1996, ch. 104, § 1; July 1.
History: L. 1982, ch. 228, § 24; July 1.
(b) No penalty shall be imposed pursuant to this section except upon the written order of the commission to the person who committed the violation. The order shall state the violation, the penalty imposed and the right to appeal to the order issuing agency. Any such person, within 30 days after service of such order, may make written request to the commission for a hearing thereon. The commission shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section may appeal therefrom in accordance with the provisions of the act for judicial review and civil enforcement of agency actions.
(d) The commission may order an operator or contractor to pay any costs and reasonable attorney fees incurred by the commission in imposing and collecting any penalty pursuant to this section and may collect interest on any portion of such penalty, costs and attorney fees which remains unpaid more than 30 days after imposition, at the rate provided by K.S.A. 16-204, and amendments thereto, for interest on judgments.
(e) All moneys received from penalties imposed and costs and attorney fees assessed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the conservation fee fund.
History: L. 1982, ch. 228, § 25; L. 1986, ch. 201, § 16; L. 1988, ch. 356, § 164; L. 1995, ch. 95, § 2; L. 2000, ch. 14, § 1; L. 2001, ch. 5, § 191; July 1.
History: L. 1996, ch. 263, § 10; July 1.
(b) Moneys in the well plugging assurance fund shall be used only for the purpose of paying the costs of: (1) Investigation of abandoned wells, and their well sites, drilling of which began on or after July 1, 1996; and (2) plugging, replugging or repairing abandoned wells, and remediation of the well sites, drilling of which began on or after July 1, 1996, in accordance with a prioritization schedule adopted by the state corporation commission and based on the degree of threat to public health or the environment. No moneys credited to the fund shall be used to pay administrative expenses of the commission or to pay compensation or other expenses of employing personnel to carry out the duties of the commission.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the well plugging assurance fund interest earnings based on: (1) The average daily balance of moneys in the well plugging assurance fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the well plugging assurance fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission or a person designated by the chairperson.
History: L. 2001, ch. 191, § 1; July 1.
(b) All liabilities of the conservation fee fund which are attributable to the following are hereby transferred to and imposed on the well plugging assurance fund: (1) Investigation of abandoned wells, and their well sites, drilling of which began on or after July 1, 1996; and (2) plugging, replugging or repairing abandoned wells, and remediation of the well sites, drilling of which began on or after July 1, 1996.
History: L. 2001, ch. 191, § 2; July 1.
History: L. 2001, ch. 191, § 3; July 1.
History: L. 1986, ch. 201, § 23; July 1.
History: L. 1986, ch. 201, § 24; July 1.
History: L. 1986, ch. 201, § 25; July 1.
(b) Any person, firm, association or corporation who shall violate the provisions of this section shall be deemed guilty of a class B misdemeanor.
History: L. 1986, ch. 201, § 26; July 1.
History: L. 1986, ch. 201, § 27; July 1.
(b) The commission shall remit all moneys received by or for it for costs or expenses under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the conservation fee fund created by K.S.A. 55-143, and amendments thereto.
History: L. 1986, ch. 201, § 28; L. 2001, ch. 5, § 192; July 1.
(b) Any person, firm, association, partnership or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100 nor more than $500.
History: L. 1986, ch. 201, § 29; July 1.
History: L. 1986, ch. 201, § 30; July 1.
(1) That such abandoned well is causing or likely to cause such pollution or loss; and
(2) (A) that no person is legally responsible for the proper care and control of such well; or (B) that the person legally responsible for the care and control of such well is dead, is no longer in existence, is insolvent or cannot be found, then, after completing its investigation, and as funds are available, the commission shall plug, replug or repair such well, or cause it to be plugged, replugged or repaired, in such a manner as to prevent any further pollution or danger of pollution of any usable water strata or supply or loss of usable water, and shall remediate pollution from the well, whenever practicable and reasonable. The cost of the investigation; the plugging, replugging or repair; and the remediation shall be paid by the commission from the well plugging assurance fund or the abandoned oil and gas well fund, as appropriate.
(b) For the purposes of this section, a person who is legally responsible for the proper care and control of an abandoned well shall include, but is not limited to, one or more of the following: Any operator of a waterflood or other pressure maintenance program deemed to be causing pollution or loss of usable water; the current or last operator of the lease upon which such well is located, irrespective of whether such operator plugged or abandoned such well; the original operator who plugged or abandoned such well; and any person who without authorization tampers with or removes surface equipment or downhole equipment from an abandoned well.
(c) Whenever the commission determines that a well has been abandoned and is causing or is likely to cause pollution of any usable water strata or supply or loss of usable water, and whenever the commission has reason to believe that a particular person is legally responsible for the proper care and control of such well, the commission shall cause such person to come before it at a hearing held in accordance with the provisions of the Kansas administrative procedure act to show cause why the requisite care and control has not been exercised with respect to such well. After such hearing, if the commission finds that the person is legally responsible for the proper care and control of such well and that such well is abandoned, in fact, and is causing or is likely to cause pollution of any usable water strata or supply or loss of usable water, the commission may make any order or orders prescribed in K.S.A. 55-162, and amendments thereto. Proceedings for reconsideration and judicial review of any of the commission's orders may be held pursuant to K.S.A. 55-606, and amendments thereto.
(d) For the purpose of this section, any well which has been abandoned, in fact, and has not been plugged pursuant to the rules and regulations in effect at the time of plugging such well shall be and is hereby deemed likely to cause pollution of any usable water strata or supply.
(e) For the purpose of this section, the person legally responsible for the proper care and control of an abandoned well shall not include the landowner or surface owner unless the landowner or surface owner has operated or produced the well, has deliberately altered or tampered with such well thereby causing the pollution or has assumed by written contract such responsibility.
History: L. 1986, ch. 201, § 31; L. 1988, ch. 356, § 165; L. 1993, ch. 62, § 1; L. 1996, ch. 263, § 7; L. 2001, ch. 191, § 6; July 1.
(b) The commission, on its own motion, may initiate an investigation into any pollution problem related to oil and gas activity. In taking such action the commission may require or perform the testing, sampling, monitoring or disposal of any source of groundwater pollution related to oil and gas activities.
(c) The commission or any other person authorized by the commission who has no obligation to plug, replug or repair any abandoned well, but who does so in accordance with the provisions of this act, shall have a cause of action for the reasonable cost and expense incurred in plugging, replugging or repairing the well against any person who is legally responsible for the proper care and control of such well pursuant to the provisions of K.S.A. 55-179, and amendments thereto, and the commission or other person shall have a lien upon the interest of such obligated person in and to the oil and gas rights in the land and equipment located thereon.
(d) Any moneys recovered by the commission in an action pursuant to subsection (c) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the conservation fee fund, well plugging assurance fund or the abandoned oil and gas well fund, as appropriate based on the fund from which the costs incurred by the commission were paid.
History: L. 1986, ch. 201, § 32; L. 1996, ch. 263, § 8; L. 2001, ch. 5, § 193; L. 2001, ch. 191, § 7; July 1.
History: L. 1986, ch. 201, § 33; July 1.
(b) Agents of the commission shall have the right of ingress and egress upon any lands to clean up pollution resulting from oil and gas activities. Such agents shall have the power to occupy such land if necessary to investigate and clean up such pollution. Any agent entering upon any land to conduct cleanup activities shall not be liable for any damages necessarily resulting therefrom except damages to growing crops, livestock or improvements on the land.
History: L. 1986, ch. 201, § 34; L. 1995, ch. 204, § 12; L. 2001, ch. 191, § 8; July 1.
(b) Whenever the commission is authorized or directed by this act, or by any of the acts contained in chapter 55 of the Kansas Statutes Annotated, to levy, assess, tax or otherwise fix or determine any fee, tax, charge or other payment of money to the commission or to the state of Kansas, such authority or directive shall be exercised or complied with by the adoption of a rule and regulation.
History: L. 1986, ch. 201, § 35; July 1.
History: L. 1986, ch. 201, § 36; July 1.
History: L. 1986, ch. 201, § 38; Repealed, L. 1995, ch. 204, § 22; July 1.
History: L. 2006, ch. 25, § 1; July 1.
(a) "Abandoned well" means any well that the commission has authority to plug, replug or repair under K.S.A. 55-179 and amendments thereto.
(b) "Commission" means the state corporation commission.
(c) "Contamination site" means any of: (1) The 17 sites of pollution from oil and gas activities, identified as of March 1, 1996, over which jurisdiction was transferred from the department of health and environment to the commission by chapter 204 of the 1995 Session Laws of Kansas; or (2) the 92 sites of pollution from oil and gas activities identified by the commission as of March 1, 1996.
(d) "Abandoned well site" means the location of an abandoned well and any pollution from such well.
History: L. 1996, ch. 263, § 1; July 1.
(b) Moneys in the abandoned oil and gas well fund shall be used only for the purpose of paying the costs of: (1) Investigation and remediation of contamination sites; (2) investigation of abandoned wells, and their well sites, drilling of which began before July 1, 1996; and (3) plugging, replugging or repairing abandoned wells, and remediation of the well sites, drilling of which began before July 1, 1996, in accordance with a prioritization schedule adopted by the commission and based on the degree of threat to public health or the environment. No moneys credited to the fund shall be used to pay administrative expenses of the commission or to pay compensation or other expenses of employing personnel to carry out the duties of the commission.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the abandoned oil and gas well fund interest earnings based on: (1) The average daily balance of moneys in the abandoned oil and gas well fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the abandoned oil and gas well fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission or a person designated by the chairperson.
History: L. 1996, ch. 263, § 2; L. 1998, ch. 123, § 1; July 1.
History: L. 1996, ch. 263, § 3; L. 2001, ch. 213, § 1; L. 2002, ch. 204, § 159; L. 2003, ch. 138, § 123; L. 2004, ch. 123, § 169; L. 2005, ch. 174, § 178; L. 2006, ch. 142, § 157; L. 2007, ch. 167, § 195; July 1.
(1) A description and evaluation of the site, including surface and subsurface contamination;
(2) the immediacy of the threat to public health or the environment from pollution from the site, including any contamination of drinking water or groundwater;
(3) the level of surface and subsurface remediation recommended;
(4) any unusual problems associated with investigation or remediation of pollution from the site;
(5) an estimate of the cost to achieve the recommended level of remediation or, if no estimate is possible, an estimate of the cost to conduct an investigation sufficient to determine the cost of remediation;
(6) any funds available to pay the costs of remediation;
(7) with regard to remediation of pollution from the site performed during the preceding fiscal year: (A) The nature of such remediation; (B) the total amount expended for such remediation; and (C) the amount expended for administrative expenses of the commission and compensation and other expenses of employing personnel to carry out the duties of the commission; and
(8) total expenditures in preceding fiscal years for remediation at the site.
(b) The commission shall prepare an annual report containing the following information regarding abandoned wells and their well sites:
(1) Documentation of the number of unplugged abandoned wells in the state; and
(2) a multiyear plan for dealing with unplugged abandoned wells that categorizes wells according to the risk posed to public health and the environment, sets forth a schedule for plugging wells posing the most serious risks and addresses funding of the plan.
(c) The commission shall submit the reports provided for by this section to the governor and the chairperson and ranking minority member of the committees on energy and natural resources of the senate and the house of representatives, on or before the first day of the regular legislative session each year.
History: L. 1996, ch. 263, § 9; July 1.
(1) "Gas gathering services" means the gathering or preparation of natural gas for transportation, including transportation to a main transmission line or to any exit tap on a gas gathering system, whether such services are performed for hire or in connection with the purchase of natural gas by the person gathering or preparing the gas or a marketer affiliated with the person gathering or preparing the gas. "Gas gathering services" does not include the gathering of natural gas by an owner or operator of gathering facilities who: (A) Does not hold such facilities out for hire on or after the effective date of this act; and (B) does not purchase the gas for resale. Existing, new or additional exit taps added to a gas gathering system shall not cause a gas gathering system to be regulated as a public utility as that term is used in K.S.A. 66-104, and amendments thereto, or as a common carrier as that term is used in K.S.A. 66-105, and amendments thereto.
(2) "Exit tap on a gas gathering system" means the point on a gas gathering system at which natural gas is delivered to a consumer, homeowner, business, agricultural user, person, gas marketer or public utility.
(3) Other terms have the meanings provided by K.S.A. 55-150, and amendments thereto.
(b) The provisions of K.S.A. 55-1,101 through 55-1,109, and amendments thereto, shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated.
History: L. 1997, ch. 132, § 22; L. 1998, ch. 61, § 1; L. 2007, ch. 109, § 1; July 1.
(b) Upon notice and an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act, the commission may impose an administrative fine on any person for failure to file any rate, data or information as required by this section and rules and regulations of the commission. Such fine shall not exceed $10,000 for each day the rate, data or information remains unfiled as required or an aggregate amount of $250,000, whichever is less.
(c) Rates, data and information filed pursuant to this section shall not be used by the commission to order a change in any rate except in a proceeding pursuant to K.S.A. 55-1,104.
(d) Rates, data and information filed pursuant to this section shall not be subject to K.S.A. 66-1220a, and amendments thereto.
(e) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 23; May 8.
(b) Persons performing gas gathering services shall engage in practices in connection with such services, and charge fees for such services, that are just, reasonable, not unjustly discriminatory and not unduly preferential.
(c) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 24; May 8.
(b) Any consumer of gas gathering services, any person seeking direct purchase of natural gas at the wellhead or any royalty owner, may request the commission to investigate and initiate proceedings to review a fee, term or practice being used by a person offering gas gathering services. As a condition to formal commission action, the person requesting commission action must first file a complaint that includes:
(1) A statement that the complainant has presented the complaint, in writing, to the person offering gas gathering services and included a request for a meeting with such person to discuss the matter;
(2) a copy of the document described in subsection (b)(1);
(3) a statement that the requested meeting took place or the person offering gas gathering services refused to meet with the complainant;
(4) detailed factual statement indicating how the fee, term or practice violates K.S.A. 55-1,103;
(5) a statement of the precise remedy being requested that will make the fee, term or practice consistent with the provisions of K.S.A. 55-1,103;
(6) if the complainant is a producer of natural gas, a copy of the analysis of the complainant's natural gas, including the nitrogen, carbon dioxide, hydrogen sulfide, water and other contaminant content; the amount of volume; and the amount of pressure at the wellhead; and
(7) if available, a map showing the location of the affected wells and all gas gathering systems in the area.
(c) The commission may resolve the complaint by use of an informal procedure established by the commission pursuant to rules and regulations adopted by the commission or the commission may conduct a formal hearing and take evidence as necessary to determine the merits of the complaint. If the commission uses an informal procedure and the complaint is not resolved within 60 days after the complaint is filed, the commission shall conduct a formal hearing on the complaint. The hearing shall be conducted and notice given in accordance with the Kansas administrative procedure act. Upon such hearing, the commission shall have authority to order the remediation of any violations of K.S.A. 55-1,103, to the extent necessary for remediation as to the aggrieved person with respect to the particular violation.
(d) In evaluating a fee or term, or in establishing a reasonable fee or term, the commission is not required to engage in cost-of-service ratemaking or any other form of ratemaking. Instead, the commission can employ any form of analysis and remedy that is designed to accomplish the goals of this act while respecting the legitimate property interests of the person offering the gas gathering services.
(e) Any natural gas producer using the gas gathering facilities of a person engaged in activities described in subsection (a)(1)(A) or (B) of K.S.A. 55-1,101 may request the commission to investigate and initiate proceedings to review the fees, terms and practices of the person engaged in such activities. The commission shall conduct such investigation and proceeding in the same manner as provided by this section for complaints filed pursuant to subsection (b) and may order the remediation of any violation of subsection (b) of K.S.A. 55-1,103 that the commission finds would exist except for the exemption provided by subsection (a)(1)(A) or (B) of K.S.A. 55-1,101.
(f) The commission shall maintain a publicized telephone number to facilitate the filing of informal complaints pursuant to subsection (b) or (e).
(g) The commission shall adopt such rules and regulations as the commission determines reasonably necessary to prevent abuse of the complaint procedure provided for by this section. Such rules and regulations shall include provisions to prevent delay of the proceedings that may damage a party's ability to pursue or defend the complaint.
History: L. 1997, ch. 132, § 25; May 8.
(b) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 26; May 8.
(b) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 27; May 8.
(b) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 28; May 8.
(b) This section shall take effect and be in force on and after July 1, 1997.
History: L. 1997, ch. 132, § 29; May 8.
History: L. 1997, ch. 132, § 30; May 8.
History: L. 1997, ch. 132, § 31; May 8.
(a) The commission may review such disputes for reasons other than health or safety of: (1) Exit taps provided pursuant to right-of-way agreements between landowners and gas gathering system owners or operators; and (2) exit taps being provided, on or before the effective date of this act, directly to an end user or to a public utility.
(b) The commission may review such disputes for reasons other than health or safety for exit taps requested to serve a non-profit utility organized pursuant to K.S.A. 66-104c, and amendments thereto, that provides natural gas service exclusively for agricultural activity, but not including any domestic use.
(c) Prior to filing a complaint with the commission, the existing or proposed exit tap customer shall meet the following requirements:
(1) Such customer must have acquired or be able to acquire a supply of natural gas with access to the gas gathering system;
(2) such customer must meet the same financial requirements and guarantees as all other shippers on the gathering system, including credit worthiness; and
(3) such customer shall be prepared to pay all costs and any associated expenses for the exit tap installation and service as imposed by the provider.
(d) After review, the commission may order that exit tap service be provided and may determine if rates and charges for such service are reasonable and nondiscriminatory, when compared to rates for a similar service on the subject gathering system. However, such service shall not be required unless the commission finds all of the following:
(1) That the service will not impair the ability of the gathering system to meet all existing and anticipated demand on the system;
(2) that the provision of such service will not require installation, relocation or modification of compression or other operations and equipment or features;
(3) that the charges for the service are adequate to cover the provider's administrative and operating expenses for the exit tap service, the costs of installing the exit tap and a reasonable profit margin considering the risks involved;
(4) that the service shall be provided on an interruptible basis and that the provider shall be indemnified by the exit tap customer from liability for and shall not be held liable for damages to human life, crops, livestock, equipment, environmental or any other damage arising from the use of the natural gas acquired through the service, or arising from interruption or curtailment of service;
(5) that the customer has agreed that such service may be terminated for failure to promptly pay billings or maintain credit worthiness;
(6) that the customer has agreed that such service may be terminated at any time if continued service threatens the operational stability and reliability of the provider's system or if service cannot be continued to be safely provided and that service may be interrupted for system maintenance, replacement or repairs;
(7) that such service will not impair or modify existing contracts held by the gas gathering system owner or operator;
(8) that such service will not unreasonably increase the total number of exit taps on the provider's system;
(9) that such service can be provided in a safe and environmentally sound manner; and
(10) that the provision of such service shall not adversely affect service or cost to any other gas gathering service customers on the system.
(e) In addressing any complaint, the commission shall not review the terms, including the price and volume of the natural gas commodity, of any purchase agreement for acquisition of natural gas by the exit tap customer and shall not order any producer, gatherer or other party to sell natural gas to such customer or proposed customer and shall not require the provision of a new exit tap on any gathering system which has not previously provided at least one exit tap prior to the effective date of this section.
(f) As used in this section:
(1) "Agricultural activity" means the growing or raising of horticultural and agricultural crops, hay, poultry, livestock and dairy products for commercial purposes including a feedlot and confined feeding facility.
(2) "Confined feeding facility" means any lots, pens, pools or ponds.
(3) "Feedlot" means lots, yards, corrals, confined feeding facilities or other area in which livestock are fed for slaughter and are confined and such additional acreage as is necessary for the operation of the feedlot.
History: L. 2007, ch. 109, § 3; July 1.
(b) No hydrocarbon storage shall be allowed in any underground formation if water within the formation contains less than 5,000 milligrams per liter chlorides, except that the provisions of this subsection shall not prohibit the storage of hydrocarbons in an underground porosity storage facility if such storage facility was in use before July 1, 2001.
(c) The provisions of K.S.A. 55-162 and 55-164, and amendments thereto, shall apply to violations of the rules and regulations adopted pursuant to this section.
(d) As used in this section and K.S.A. 55-150, 55-155, 55-182 and 74-623, and amendments thereto, "underground porosity storage" means the storage of hydrocarbons in underground, porous and permeable geological strata which have been converted to hydrocarbon storage.
History: L. 2001, ch. 191, § 17; L. 2003, ch. 77, § 1; July 1.
(b) All moneys received by the state corporation commission as grants, gifts, bequests or state or federal appropriations for the purposes of K.S.A. 55-1,115, and amendments thereto, shall be remitted by the commission to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittence the state treasurer shall deposit the entire amount in the state treasury to the credit of the natural gas underground storage fee fund. The commission is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 55-1,115, and amendments thereto.
(c) All moneys credited to the natural gas underground storage fee fund shall be for the use of the state corporation commission in administering the provisions of K.S.A. 55-1,115, and amendments thereto. All expenditures from the natural gas underground storage fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission or by a person or persons designated by the chairperson. The corporation commission, with the approval of the director of accounts and reports, shall formulate a system of accounting procedures to account for the money credited to the natural gas underground storage fee fund pursuant to this section.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the natural gas underground storage fee fund interest earnings based on:
(1) The average daily balance of moneys in the natural gas underground storage fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
(e) Whenever the state corporation commission determines that the unencumbered balance of moneys credited to the natural gas underground storage fee fund at the end of a fiscal year is more than necessary, when considered in relation to the amount of revenues and expenditures estimated for the ensuing fiscal year and an appropriate unencumbered balance in the fund at the end of the ensuing fiscal year, the commission shall proportionally reduce all fees and assessments which are charged, taxed or assessed by the commission as authorized or required by law, other than fees or assessments in amounts prescribed by statute or any penalties authorized by statute, and which are collected and deposited to the credit of the natural gas underground storage fee fund, in order to reduce such unencumbered ending balance in the fund to an appropriate amount.
History: L. 2001, ch. 191, § 18; July 1.
(1) "Secretary" means the secretary of health and environment.
(2) "Underground porosity storage" means the storage of hydrocarbons in underground, porous and permeable geological strata which have been converted to hydrocarbon storage.
(b) For the purposes of protecting the health, safety and property of the people of the state, and preventing surface and subsurface water pollution and soil pollution detrimental to public health or to the plant, animal and aquatic life of the state, the secretary of health and environment shall adopt separate and specific rules and regulations establishing requirements, procedures and standards for the following:
(1) Salt solution mining;
(2) the safe and secure underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage; and
(3) the safe and secure underground storage of natural gas in bedded salt.
(c) Such rules and regulations shall include, but not be limited to:
(1) Site selection criteria;
(2) design and development criteria;
(3) operation criteria;
(4) casing requirements;
(5) monitoring and measurement requirements;
(6) safety requirements, including public notification;
(7) closure and abandonment requirements, including the financial requirements of subsection (f); and
(8) long term monitoring.
(d) (1) The secretary may adopt rules and regulations establishing fees for the following services:
(A) Permitting, monitoring and inspecting salt solution mining operators;
(B) permitting, monitoring and inspecting underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage; and
(C) permitting, monitoring and inspecting underground storage of natural gas in bedded salt.
(2) The fees collected under this section by the secretary shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the subsurface hydrocarbon storage fund.
(e) The secretary or the secretary's duly authorized representative may impose on any holder of a permit issued pursuant to this section such requirements relating to inspecting, monitoring, investigating, recording and reporting as the secretary or representative deems necessary to administer the provisions of this section and rules and regulations adopted hereunder.
(f) Any company or operator receiving a permit under the provisions of this act shall demonstrate annually to the department of health and environment evidence, satisfactory to the department, that such permit holders have financial ability to cover the cost of closure of such permitted facility as required by the department.
(g) The secretary may enter into contracts for services from consultants and other experts for the purposes of assisting in the drafting of rules and regulations pursuant to this section.
(h) (1) For a period of two years from July 1, 2001, or until the rules and regulations provided for in paragraph (3) of subsection (a) [*] are adopted, the injection of working natural gas into underground storage in bedded salt is prohibited, except that cushion gas may be injected into existing underground storage in bedded salt. Natural gas currently stored in such underground storage may be extracted.
(2) Any existing underground storage of natural gas in bedded salt shall comply with the rules and regulations adopted under this section prior to the commencement of injection of working natural gas into such underground storage.
(3) Rules and regulations adopted under paragraph (3) of subsection (a) [*] shall be adopted on or before July 1, 2003.
(i) No hydrocarbon storage shall be allowed in any underground formation if water within the formation contains less than 5,000 milligrams per liter chlorides.
History: L. 2001, ch. 191, § 9; July 1.
(2) All moneys received by the secretary as grants, gifts, bequests or state or federal appropriations for the purposes of K.S.A. 55-1,117 through 55-1,122, and amendments thereto, shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of such fund. The secretary is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 55-1,117 through 55-1,122, and amendments thereto.
(3) All expenditures from this fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(b) The secretary is authorized to use moneys from the subsurface hydrocarbon storage fund to pay the cost of:
(1) All activities related to permitting activities including but not limited to development and issuance of permits, compliance monitoring, inspections, well and well system closures, long term monitoring and enforcement actions;
(2) review and witnessing of test procedures;
(3) review and witnessing of routine workover or repair procedures;
(4) investigation of violations, complaints, pollution and events effecting public health;
(5) design and review of remedial action plans;
(6) contracting for services needed to supplement the department's staff expertise in facility investigations;
(7) consultation needed concerning remedial action at a permitted facility;
(8) mitigation of adverse environmental impacts;
(9) emergency or long-term remedial activities;
(10) legal costs, including expert witnesses, incurred in administration of the provisions of K.S.A. 55-1,117 through 55-1,122, and amendments thereto; and
(11) costs of program administration.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the subsurface hydrocarbon storage fund interest earnings based on:
(1) The average daily balance of moneys in the subsurface hydrocarbon storage fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
History: L. 2001, ch. 191, § 10; July 1.
(b) No penalty shall be imposed pursuant to this section except after an opportunity for hearing upon the written order of the secretary or the director of the division of environment, if designated by the secretary, to the person who committed the violation. The order shall state the violation, the penalty to be imposed and, in the case of an order of the director of the division of environment, the right to appeal to the secretary for a hearing thereon. Any person may appeal an order of the director of the division of environment by making a written request to the secretary for a hearing within 15 days of service of such order. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Whenever the secretary or the secretary's duly authorized agents find that the soil or waters of the state are not being protected from pollution resulting from underground storage of liquid petroleum gas and hydrocarbons, other than natural gas in underground porosity storage, the secretary or the secretary's duly authorized agents shall issue an order prohibiting such underground storage. Any person aggrieved by such order may request in writing, within 15 days after service of the order, a hearing on the order. Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History: L. 2001, ch. 191, § 11; July 1.
(1) "Person legally responsible" includes, but is not limited to: (A) Any current or former operator of the well, or successor, who has: (i) Knowingly abandoned the well; (ii) caused the pollution or hazard, or threat of pollution or hazard, by intentionally altering or tampering with the well; or (iii) assumed legal responsibility by written agreement or contract; and (B) any current or former owner of the well who is or was in the business of producing salt.
(2) "Salt solution mining well" means a well which has been drilled into subsurface saline or salt bearing deposits for the recovery of either existing brines or brines which are formed by the injection of water to dissolve such deposits.
(3) A salt solution mining well shall be deemed abandoned if no person is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, or if the person legally responsible is dead, is no longer in existence, is adjudicated to be insolvent or cannot be found.
(b) If the secretary finds that the location or construction, or both, of an abandoned salt solution mining well causes or threatens to cause pollution of the land, air or waters of the state or is or threatens to become a hazard to persons, property or public health or safety, the secretary may, in addition to any other remedy provided by law:
(1) After completion of an investigation: (A) Order any person who is legally responsible for causing the pollution or hazard, or threat of pollution or hazard, to take such remedial action as will remove the pollution or hazard, or threat of pollution or hazard, including, but not limited to, plugging such well; or (B) as funds are available, prov