Kan. Admin. Regs. § 28-30-204

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-30-204 - Inactive well; application; construction and extension

(a) Each owner of an inactive water well shall meet the following requirements:

(1) Submit a completed, signed, and notarized inactive water well agreement, on a form provided by the district, to the district manager 30 days before placing the well on inactive status. The form shall include a statement that the water well does not pose a public health or safety hazard and does not threaten to contaminate the groundwater;

(2) remove all pumping equipment from the water well;

(3) construct the water well and the annular space as specified in K.A.R. 28-30-6;

(4) seal and maintain the water well and the annular space to prohibit the entrance of surface fluids and materials and the vertical movement of subsurface water into the well and to prevent damage;

(5) post a sign that meets the following conditions within three feet of the water well:

(A) Has a minimum height of three feet above land surface;

(B) is easily visible;

(C) is continually maintained; and

(D) is constructed with the words "Inactive Water Well" and a legal description consisting of the 10-acre tract, section, township, and range description printed legibly; and

(6) securely install a watertight seal or cap on the water well casing opening a minimum of one foot above land surface that consists of one of the following:

(A) Steel plating that is a minimum of 1/4 inch thick and is welded to the casing opening;

(B) a polyvinylchloride cap glued to the water well casing opening, with a minimum standard dimension ratio (SDR) of 21 or less on well casing less than four inches in diameter and a minimum SDR of 26 or less on well casing four or more inches in diameter. The SDR shall be calculated by dividing the casing's outside diameter (OD) by its minimum wall thickness (MWT); or

(C) any other seal or cap that is approved by the district manager.

(b) Each water well owner shall repair all damage to the water well within 30 days, unless the district manager determines that the water well poses a public health or safety hazard, in which case the district manager shall set the time period for fewer than 30 days.

(c) Each water well owner shall notify the district within 30 days after the water well is returned to service as an active water well.

(d) The district manager or a staff member of the district may inspect any inactive water well.

(e) Each water well owner shall be responsible for properly maintaining the water well in the inactive status.

(f) A radius of 50 feet around the inactive well shall be free of contamination.

(g) An inactive water well shall not be used for disposal or injection of any fluids or materials.

(h) Each inactive water well shall be easily accessible for routine maintenance and inspection.

(i) Each water well owner shall notify the district manager of any change in the condition of the water well.

(j) Each inactive water well that does not meet the requirements of these regulations shall be deemed abandoned and shall be plugged in accordance with these regulations.

(k) The expiration date of the inactive water well period may be extended beyond the date authorized in the approved inactive water well agreement or the date of any extension authorized by the district manager, if the water well is in good repair and meets the requirements of these regulations. The extension of time shall not exceed one year beyond the expiration date of the inactive well agreement or the date of any authorized extension.

(l) Each approved inactive water well request and each approved extension of time shall be reported by the district to the department, in writing, within 30 days of approval on a form provided by the district.

Kan. Admin. Regs. § 28-30-204

Authorized by and implementing K.S.A. 2004 Supp. 82a-1028 and K.S.A. 82a-1213; effective Sept. 30, 2005.