In addition to the powers conferred upon the department by KRS 353.500 to 353.720 and notwithstanding any provision of KRS 353.500 to 353.720, the department is authorized but not obligated to develop and promulgate a regulatory
program for the purpose of accepting primary responsibility for administration of
the Underground Injection Control Program under Section 1425 of the Safe Drinking
Water Act (Public Law 93-523 as amended 1). To that end, the department shall include in any regulatory program developed and
promulgated under this provision:
(1) Regulations regarding the drilling, casing, operation, plugging, construction,
conversion, maintenance, and abandonment of class II wells to protect underground
sources of drinking water and to prevent their endangerment;
(2) Regulations prohibiting underground injection through class II wells except as
authorized by such regulations or by a permit issued pursuant thereto;
(3) Regulations requiring owners or operators of class II wells to demonstrate financial
responsibility for the costs of closure of all class II wells. Such demonstration of financial responsibility may include but need not be limited
to the well plugging bond required by KRS 353.590(7) and (12);
(4) Regulations providing for reasonable public notice of applications for permits
for class II wells and providing for public participation in the issuance of such
(5) Regulations establishing a schedule of fees for the mechanical integrity testing
and periodic registration of class II wells to be paid by the owners or operators
thereof. The schedule of fees shall be based upon the reasonable cost to the department of
administering the underground injection control program. The regulations may provide for the collection of a fee prior to delegation of authority
by the Federal Environmental Protection Agency which shall be refunded by the department
if the department does not receive said delegation.
No regulation promulgated pursuant to this section shall authorize the endangerment
of an underground source of drinking water or be more stringent than regulations promulgated
by the Environmental Protection Agency pursuant to the Underground Injection Control
Program of the Safe Drinking Water Act, 42 U.S.C. sec. 300f et seq.
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