Kan. Admin. Regs. § 28-30-7

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

Section 28-30-7 - Plugging of abandoned wells, cased and uncased test holes

(a) All water wells abandoned by the landowner on or after July 1, 1979, and all water wells that were abandoned prior to July 1, 1979 which pose a threat to groundwater supplies, shall be plugged or caused to be plugged by the landowner. In all cases, the landowner shall perform the following as minimum requirements for plugging abandoned wells.

(1) The casing shall be cut off three feet below ground surface and removed.

(2) All wells shall be plugged from bottom to top using volumes of material equaling at least the inside volume of the well.

(3) Plugging top of well:

(A) For cased wells a grout plug shall be placed from six to three feet below ground surface.

(B) For dug wells, the lining material shall be removed to at least five feet below ground surface, and then sealed at five feet with a minimum of six inches of concrete or other materials approved by the department. Compacted surface silts and clays shall be placed over the concrete seal to ground surface.

(4) Any groundwater displaced upward inside the well casing during the plugging operation shall be removed before additional plugging materials are added.

(5) From three feet below ground level to ground level, the plugged well shall be covered over with compacted surface silts or clays.

(6) Compacted clays or grout shall be used to plug all wells from the static water level to six feet below surface.

(7) All sand and gravel used in plugging abandoned domestic or public water supply wells shall be chlorinated prior to placement into a well.

(b) Abandoned wells formerly producing groundwater from an unconfined aquifer shall be plugged in accordance with the foregoing and in addition shall have washed sand, and gravel or other material approved by the department placed from the bottom of the well to the static water level.

(c) Abandoned wells, formerly producing groundwater from confined and unconfined aquifers or in confined aquifers only, shall be plugged according to K.A.R. 28-30-7(a) and by using one of the following additional procedures:

(1) The entire well column shall be filled with grout, or other material approved by the department, by use of a grout tremie pipe.

(2) A 10 foot grout plug shall be placed opposite the impervious formation or confining layer above each confined aquifer or aquifers by use of a grout tremie pipe; and

(A) The space between plugs shall be filled with clays, silts, sand and gravel or grout and shall be placed inside the well so as to prevent bridging.

(B) A grout plug at least 20 feet in length shall be placed with a grout pipe so at least 10 feet of the plug extends below the base of the well casing and at least 10 feet of the plug extends upward inside the bottom of the well casing.

(C) A grout plug at least 10 feet in length shall be placed from at least 13 feet below ground level to the top of the cut off casing.

(3) Wells that have an open bore hole below the well casing, and where the casing was not grouted into the well bore when the well was constructed, shall be plugged by (1) or (2) above except that the top 20 feet of well casing shall be removed or perforated with a casing ripper or similar device prior to plugging. If the well is plugged according to part (2) of this subsection, the screened or perforated intervals below the well casing shall be grouted the entire length by use of a grout tremie pipe.

(d) Plugging of abandoned holes. If the hole penetrates an aquifer containing water with more than 1,000 milligrams per liter, mg/l, total dissolved solids or is in an area determined by the department to be contaminated, the entire hole shall be plugged with an approved grouting material from the bottom of the hole, up to within three feet of the ground surface using a grout tremie pipe or similar method. From three feet below ground surface to ground surface the plugged hole shall be covered over with compacted surface silts or clays; otherwise, the hole shall be plugged in accordance with the following paragraphs.

(1) Plugging of abandoned cased test holes. The casing shall be removed if possible and the abandoned test hole shall be plugged with an approved grouting material from the bottom of the hole, up to within three feet of the ground surface, using a grout tremie pipe or similar method. From three feet below ground surface to ground surface the plugged hole shall be covered over with compacted surface silts or clays. If the casing cannot be removed, in addition to plugging the hole with an approved grouting material the annular space shall also be grouted as described in K.A.R. 28-30-6 or as approved by the department.

(2) Abandoned uncased test holes, exploratory holes or any bore holes except seismic or oil field related exploratory and service holes regulated by the Kansas corporation commission under K.A.R. 82-3-115 through 82-3-117. A test hole or bore hole drilled, bored, cored or augered shall be considered an abandoned hole immediately after the completion of all testing, sampling or other operations for which the hole was originally intended. The agency or contractor in charge of the exploratory or other operations for which the hole was originally intended is responsible for plugging the abandoned hole using the following applicable method, within three calendar days after the termination of testing or other operations.

(A) The entire hole shall be plugged with an approved grouting material from bottom of the hole, up to within three feet of the ground surface, using a grout tremie pipe or similar method.

(B) From three feet below ground surface to ground surface the plugged hole shall be covered over with compacted surface silts or clays.

(C) For bore holes of 25 feet or less, drill cuttings from the original hole may be used to plug the hole in lieu of grouting material, provided that an aquifer is not penetrated or the bore hole is not drilled in an area determined by the department to be a contaminated area.

(3) Plugging of heat pump holes drilled for closed loop heat pump systems. The entire hole shall be plugged with an approved grouting material from bottom of the hole, to the bottom of the horizontal trench, using a grout tremie pipe or similar method approved by the department.

(e) Abandoned oil field water supply wells. A water well drilled at an oil or gas drilling site to supply water for drilling activities shall be considered an abandoned well immediately after the termination of the oil or gas drilling operations. The company in charge of the drilling of the oil or gas well shall be responsible for plugging the abandoned water well, in accordance with K.A.R. 28-30-7(a), (b), and (c), within 30 calendar days after the termination of oil or gas drilling operations.

Responsibility for the water well may be conveyed back to the landowner in lieu of abandoning and plugging the well but the well must conform to the requirements for active or inactive status. The transfer must be made through a legal document, approved by the department, advising the landowner of the landowner's responsibilities and obligations to properly maintain the well, including the proper plugging of the well when it is abandoned and no longer needed for water production activities. If a transfer is to be made, the oil or gas drilling company shall provide the department with a copy of the transfer document within 30 calendar days after the termination of oil or gas drilling operations. Within 30 calendar days of the effective date of the transfer of the well the landowner shall notify the department of the intended use and whether the well is in active status or inactive status in accordance with K.A.R. 28-30-7(f).

(f) Inactive status. Landowners may obtain the department's written approval to maintain wells in an inactive status rather than being plugged if the landowner can present evidence to the department as to the condition of the well and as to the landowner's intentions to use the well in the future. As evidence of intentions, the owner shall be responsible for properly maintaining the well in such a way that:

(1) The well and the annular space between the hole and the casing shall have no defects that will permit the entrance of surface water or vertical movement of subsurface water into the well;

(2) the well is clearly marked and is not a safety hazard;

(3) the top of the well is securely capped in a watertight manner and is adequately maintained in such a manner as to prevent easy entry by other than the landowner;

(4) the area surrounding the well shall be protected from any potential sources of contamination within a 50 foot radius;

(5) if the pump, motor or both, have been removed for repair, replacement, etc., the well shall be maintained to prevent injury to people and to prevent the entrance of any contaminant or other foreign material;

(6) the well shall not be used for disposal or injection of trash, garbage, sewage, wastewater or storm runoff; and

(7) the well shall be easily accessible to routine maintenance and periodic inspection.

The landowner shall notify the department of any change in the status of the well. All inactive wells found not to be in accordance with the criteria listed in lines one through seven above shall be considered to be abandoned and shall be plugged by the landowner in accordance with K.A.R. 28-30-7(a) through (c).

Kan. Admin. Regs. § 28-30-7

Authorized by K.S.A. 82a-1205; implementing K.S.A. 82a-1202, 82a-1205, 82a-1212, 82a-1213; effective, E-74-34, July 2, 1974; modified, L. 1975, ch. 481, May 1, 1975; amended May 1, 1980; amended May 1, 1983; amended May 1, 1987.