805 KAR | Title 805 KAR — Energy and Environment Cabinet

Chapter 1 Division of Oil and Gas

805 KAR 1:001 Definitions for 805 KAR Chapter 1 {#sec-805-kar-1-001 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:001}

Section 1. Definitions.

(1) "Abandoned" is defined by KRS 353.510(12).

(2) "Abnormal pressure" means a reservoir pressure that exceeds the hydrostatic pressure of fresh water extending from the reservoir to the surface.

(3) "Annulus" means the space between two (2) strings of casing or between a string of casing and the bore hole wall.

(4) "Best management practices" or "BMPs" is defined by KRS 353.510(28).

(5) "Blow-out preventer" or "BOP" means a device installed on the first and largest diameter casing cemented in a well or installed on the intermediate casing. The device is used to prevent the uncontrolled flow of a well at the surface during drilling or workover operations.

(6) "Casing or casing string" means steel tubes or pipes installed in a well.

(7) "Cement" is defined by KRS 353.010(4).

(8) "Commission" is defined by KRS 353.510(4).

(9) "Correlative rights" is defined by KRS 353.510(6).

(10) "Deep well" is defined by KRS 353.510(16).

(11) "Deepening" means the drilling deeper of any existing well where new drilling is to proceed past the depth at which the initial drilling of the well ceased.

(12) "Directional survey" is defined by KRS 353.010(8).

(13) "Director" is defined by KRS 353.510(3).

(14) "Division" means the Division of Oil and Gas.

(15) "Drilling unit" is defined by KRS 353.510(19).

(16) "Eligible well" is defined by KRS 353.510(47).

(17) "Environmentally sensitive feature" means a stream, spring, sinkhole, wetland, state or national park, wilderness area, or wildlife refuge.

(18) "Existing gathering line" means any gathering line installed and not abandoned or taken out of service prior to March 18, 2004.

(19) "Field" is defined by KRS 353.510(10).

(20) "Final reclamation" means the date on which the operator has completed drilling operations at the well site, has plugged the well, and has performed all obligations as established in the operations and reclamation plan.

(21) "GPS" means the collection method of acquiring location data using the Global Positioning System that is:

(a)

Reported as latitude and longitude in degrees and decimal degrees;
Captured in three (3) meter accuracy for stationary location data, such as line markers; and
Submitted as waypoints and track logs for the gathering line location;

(b) Recorded in the datum of WGS84; and

(22) "Gas" is defined by KRS 353.510(8).

(23) "Gas production flow line" means:

(a) The segment of a gathering line running from a well to the point of interconnection with another gathering line or production compressor; or

(b) If a well produces both oil and gas, the line from a well.

(24) "Gas storage operator" means any corporation, partnership, or individual who is engaged in the work of preparing to inject, or who injects gas into, or who stores gas in, or removes gas from, a gas storage reservoir, and who owns the right to do so (including, for example, those engaged in transporting and delivering gas in public service).

(25) "Gas storage reservoirs" means special geologic and geometric elements of underground strata that are or can be so arranged and situated as to be recognized as useful for the retention, injection, storage and recovery of gas therefrom on a commercial service level.

(26) "Gathering line" means any pipeline that is installed or used for the purpose of transporting produced water, crude oil, or natural gas from a well or production facility; or produced water to a well or production facility to the point of interconnection with another gathering line, an existing storage facility, or a transmission or main line, including all lines between interconnections, except those lines or portions thereof subject to the exclusive jurisdiction of the U.S. Department of Transportation under 49 C.F.R. Parts 191, 192, 194, and 195.

(27) "Horizontal well" is defined by KRS 353.510(25).

(28) "Intermediate casing" means one (1) or more strings of pipes installed in a well in addition to the surface casing in which each string is smaller in diameter than the previous.

(29) "Intersection length" means the horizontal distance between the point at which the well penetrates the top of the intended formation and the end point within that formation.

(30) "KYEM" means the state Kentucky Emergency Management office under authority of the Department of Military Affairs in Frankfort, Kentucky, with regional offices throughout the Commonwealth.

(31) "Long casing string" means the last casing installed in a well to be used for production or injection purposes.

(32) "Mcf" means 1,000 cubic feet of natural gas.

(33) "Measured depth" means the total length of the vertical and horizontal leg of the actual wellbore.

(34) "NFPA" means the National Fire Protection Association.

(35) "Net gas sales" means the amount of metered or prorated gas sold into the line of first purchase and could be different from produced gas, due to line loss and compressor usage.

(36) "Oil" is defined by KRS 353.510(7).

(37) "Oil production flow line" means:

(a) A gathering line running from a well or wells to a tank battery for production treatment and storage; or

(b) If an injection well, the line from the tank battery to an injection system and then to a wellhead.

(38) "Operating a well" means to reenter, reopen, deepen, drill, inject into, produce, attempt to produce, or work over, any well.

(39) "Operator" is defined by KRS 353.510(17).

(40) "Overriding royalty interest owner" means a person other than a royalty owner, with a right to a percentage share of production or the value derived from production that is:

(a) Free of all costs of drilling and production; and

(b) Created by the lessee or working interest owner and paid by the lessee or working interest owner.

(41) "Person" is defined by KRS 353.510(5).

(42) "Pit" means an earthen excavation or steel tank used:

(a) For the temporary storage of fluids, muds and cuttings associated with the drilling operations of an oil or gas well;

(b) To temporarily store well completion fluids associated with acidizing, hydraulic fracturing, workover, or plugging of oil and gas and other related wells under the authority of KRS Chapter 353; or

(c) For temporary storage of fluids and solids generated from drilling and completion operations addressed in paragraphs (a) and (b) of this subsection.

(43) "Pool" is defined by KRS 353.510(9).

(44) "Prevailing royalty" is defined by KRS 353.510(27).

(45) "Produced gas" means the amount of produced gas metered or prorated at the well head on a monthly basis.

(46) "Production compressor" means a compressor installed on a gathering line and used to regulate gas pressure to enhance delivery.

(47) "Purchaser number" means the number assigned by the purchasing company to the lease or well for accounting and payment purposes.

(48) "Royalty owner" is defined by KRS 353.510(18).

(49) "Shallow well" is defined by KRS 353.510(15).

(50) "Surface casing" means the first and largest diameter casing installed in a well, and its primary uses are to stabilize the borehole and to protect the fresh water zones.

(51) "TENORM" is defined by KRS 211.862(13), and is subject to the exemption established in KRS 211.863(5).

(52) "Tank battery" means any aboveground storage tank or interconnected grouping of tanks maintained in conjunction with the production and storage of crude oil or produced water.

(53) "Topographic spot" means the act of locating a well on a United States Geological Survey 1:24,000 Topographic Map and scaling that well location on the map to determine its Carter Coordinate location.

(54) "Transmission line" means a pipeline that is subject to the exclusive jurisdiction of the United States Department of Transportation under 49 C.F.R. Parts 191, 192, 194, and 195.

(55) "True vertical depth" means the depth of the well from any point in the well being measured to the surface of the ground above the point being measured.

(56) "Underground gas storage" means the utilization of subsurface strata and associated facilities for storing and withdrawing gas held in place for the primary purposes of conservation, fuller utilization of pipeline facilities, and more effective and beneficial service of gas to the public.

(57) "Unit" is defined by KRS 353.010(18).

(58) "Vertical well" is defined by KRS 353.510(26).

(59) "Well" is defined by KRS 353.510(14).

(60) "Well operator" means any person who proposes to or does locate, drill, operate, or abandon any well.

(61) "Wellsite boundary" means the area of disturbance by an operator, excluding access roads, to drill an oil or gas well.

(62) "Wildcat well" means any deep vertical or horizontal well that is drilled:

(a) With the intent of discovering or producing hydrocarbons from a formation or formations not previously productive of oil or gas well within 10,000 feet of its location; or

(b) Under proven geological conditions that, even though located within 10,000 feet from the nearest deep well previously productive of oil or gas, will not, if completed successfully, produce from a previously productive pool.

(63) "Working interest owner" means an operator with the obligation to bear all or a proportionate share of the costs and expenses of unit operation.

(64) "Zone" means a layer of strata capable of producing or receiving fluids.

History

RELATES TO: KRS 353.500 – 353.730
STATUTORY AUTHORITY: KRS 353.500
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.500 authorizes the department to promulgate administrative regulations to regulate the all aspects of oil and gas wells in the Commonwealth. This administrative regulation establishes definitions for terms used in 805 KAR Chapter 1.
History: 46 Ky.R. 819, 1487, 2049; eff. 2-3-2020.

805 KAR 1:010 General information associated with oil and gas permits {#sec-805-kar-1-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:010}

Section 1.

(1) General Permit Application Requirements. A person shall not drill, deepen, or reopen an oil or gas well without first obtaining a permit from the division pursuant to KRS 353.570 or KRS 349.040. Each person who intends to engage in oil and gas operations shall file with the division a complete, accurate, and notarized Application for Permit, Form OG-1.

(2) Application Review.

(a) The Department shall review the Application for Permit, Form OG-1 for administrative and technical completeness and compliance with:

805 KAR Chapter 1 for all wells; and
KRS Chapter 353 for production wells; or
KRS Chapter 349 for coalbed methane wells.

(b) If the application is administratively or technically incomplete, the division shall notify the applicant after review of the application of the deficiencies that render the application incomplete.

(c) The applicant shall submit supplemental information to correct the identified deficiencies within thirty (30) days after notification of the deficiencies.

(d) If, after thirty (30) days, the application is still incomplete, the division may return the incomplete application to the applicant with written notification of the reasons for the determination.

(3) Review of violations.

(a) After the application has been determined to be administratively and technically complete, the division shall perform a compliance review of the application and the applicant pursuant to KRS 353.572. The division shall not approve an application for permit if the application or the applicant is not in complete compliance with KRS 353.572.

(b) During the compliance review, the division shall review the readily available compliance information related to the application and the applicant.

(4) Final Determination. Once the division determines that the application is administratively and technically complete and has not found compliance violations, a permit authorization shall be issued.

(5) Bonding Requirements.

(a) As part of the permit application required by subsection (1) of this section, the applicant shall submit a bond in an amount required by KRS 353.590(7) for production wells or KRS 349.120 for coalbed methane wells.

(b) Operators that secure a surety bond to satisfy the requirements of this subsection shall comply with the requirements of 805 KAR 1:050.

Section 2. Directional and Inclination Surveys. The operator of a well drilled in an active mining area or through a workable coal bed that is not in an active mining area shall submit to the division the results of the directional or inclination survey required by KRS 353.739(1) within thirty (30) days from the drilling of the well.

Section 3. Fee Submittal.

(1) Each application for an oil or gas permit shall be accompanied by a fee of fifty (50) dollars for each application for an oil or gas permit in addition to the fee required in KRS 353.590(2) or KRS 349.040(3).

(2) All required fees shall be submitted to the division in the form of a personal check, cashier's check, or money order payable to the Kentucky State Treasurer. A permit application shall not be processed unless the application fee has been paid.

(3) All fees shall be for the sole use of the Division of Oil and Gas in the administration of its programs and shall be in addition to money appropriated by the General Assembly for the use of the division.

Section 4. Recordkeeping. Within ninety (90) days of completion of the drilling of a well, the operator shall file the "Affidavit of Well Log and Completion Report, form OG-3.

Section 5. Testing Permits.

(1) An owner or operator may investigate an abandoned oil or gas production well for the purposes of testing after having submitted:

(a) A completed and notarized application "Testing Permit Application" Form OG-42; and

(b) A twenty-five (25) dollar fee pursuant to KRS 353.730.

(2) The division shall approve a testing permit for a period of up to sixty (60) days. If the well is not tested within the testing period, a new application and fee shall be submitted.

(3) At the conclusion of the testing period, the applicant shall submit a completed and notarized "Report of Investigation for Testing Permit" Form OG-43 to the division.

(a) If the applicant wishes to assume ownership for the well, a bond shall be filed in accordance with KRS 353.590(7); or

(b) If the applicant does not wish to assume ownership of the well, then the well shall be closed at the surface with a valve or swedge assembly installed on the casing head.

(4) All fees shall be for the sole use of the Division of Oil and Gas in the administration of its programs and shall be in addition to money appropriated by the General Assembly for the use of the cabinet.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Permit", Form OG-1, June 2019;

(b) "Well log and Completion Report", Form OG-3, October 2019;

(d) "Report of Investigation for Testing Permit", Form OG-43, June 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Oil and Gas, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., Eastern Prevailing Time.

History

RELATES TO: KRS 349.120 353.550, 353.735-353.747
STATUTORY AUTHORITY: KRS 349.040, 353.540, 353.570, 353.590, 353.745
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the department to promulgate administrative regulations to administer KRS 353.500 to 353.720. KRS 353.570 requires a person to obtain a permit prior to drilling, deepening, or reopening a well. KRS 353.590 requires a bond be posted with a permit application. KRS 349.040 requires a person to obtain a permit prior to drilling, deepening, converting, or reopening a well. KRS 349.120 requires a bond be posted with a permit application for coalbed methane wells. KRS 353.745 authorizes the Division of Oil and Gas to charge a fee, not to exceed fifty (50) dollars, to provide funds to meet the requirements of KRS 353.735 to 353.747. This administrative regulation provides general information concerning the submittal of permit application, bond submittal, directional and inclination surveys, and establishes the fee and details to whom the fee applies and the appropriate time for submittal.
History: 36 Ky.R. 193; 789; 1024; eff. 10-23-2009; Crt eff. 6-27-2018; Recodified from 805 KAR 001:200, eff. 7-10-2019; 46 Ky.R. 697, 1521, 2077; eff. 2-3-2020.

805 KAR 1:020 Protection of fresh water zones {#sec-805-kar-1-020 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:020}

Section 1. Protection of Fresh Water Zones for Drilling and Plugging Operations.

(1) During drilling operations, one (1) of the methods established in paragraphs (a) through (c) of this subsection shall be used to protect fresh water zones.

(a) Method A. Casing shall be set on a casing shoulder and the casing shall have a shoe installed on the bottom of the bottom joint. Upon the completion of the drilling program, all the recoverable casing shall be removed or cemented to the surface.

(b) Method B. Casing shall be set on a shoulder and cemented sufficiently to cover at least 100 feet including the shoe. Upon completion of the drilling, all of the recoverable casing shall be removed or cemented to the surface.

(c) Method C. Method C shall be a top to bottom drilling mud system with a filtrate water loss of less than ten (10) cubic centimeters, as established in Recommended Practice for Field Testing Water-based Drilling Fluids API RP 13B-1 Fourth Edition, March, 2009. Certification of filtrate water loss shall be made by the operator.

(2) In the event a well is to be plugged, then it shall be plugged as established in 805 KAR 1:060.

Section 2. Protection of Fresh Water Zones. Any well drilled in the Commonwealth of Kentucky subject to the jurisdiction of the Division of Oil and Gas shall be equipped with fresh water protection as established in this section prior to production or injection.

(1) A protective string of casing, be it surface, intermediate, or long string, shall extend at least thirty (30) feet below the deepest known fresh water zone.

(a) The protective string shall have cement circulated in the annular space outside said casing of a sufficient volume of cement, to assure the return of the cement to the surface.

(b) If the cement does not return to the surface, every reasonable attempt shall be made to fill the annular spaces by introducing cement from the surface.

(c) If the intermediate casing or long casing string is cemented to the surface or cemented thirty (30) feet into the next larger string of cemented casing, the string or combination of strings shall be considered as the fresh water protection.

(2) In areas where abnormal pressures are expected or encountered:

(a) The surface and intermediate casing string shall be anchored in sufficient cement and at a sufficient depth to contain the pressures; and

(b) Blowout prevention valves and related equipment shall be installed.

(3) If a well is drilled through a void:

(a)

The hole shall be drilled at least thirty (30) feet below the void; and
The annular space shall be cemented from the base of the casing up to the void and to the surface from the top of the void, or it shall be cemented at least fifty (50) feet into the next higher string or strings of casing that are cemented to the surface and be verified by a cement top log.

(b) If an operator is unable to perform the casing and cementing requirement established in paragraph (a) of this subsection, the department may approve alternative casing procedures proposed by the operator.

Section 3. Material Incorporated by Reference.

(1) "Recommended Practice for Field Testing Water-based Drilling Fluids" API RP 13B-1 Fourth Edition, March, 2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department for Natural Resources, Division of Oil and Gas, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., Eastern Prevailing Time.

History

RELATES TO: KRS 349.045, 349.110, 353.520
STATUTORY AUTHORITY: KRS 349.115, 353.540, 353.550, 353.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the Department for Natural Resources to administer and enforce the provisions of KRS 353.500 to 353.720. KRS 349.115 authorizes the Department for Natural Resources to promulgate administrative regulations to implement the provisions of KRS Chapter 349 governing coal bed methane wells. This administrative regulation establishes the requirements to protect fresh water zones from contamination associated with the production of oil and gas.
History: 4 Ky.R. 632; 5 Ky.R. 112; eff. 8-2-1978; 18 Ky.R. 187; 1020; eff. 9-25-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; 46 Ky.R. 660, 1489, 2050; eff. 2-3-2020.

805 KAR 1:030 Well location and as-drilled location plat, preparation, form and contents {#sec-805-kar-1-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:030}

Section 1. Applicability. This administrative regulation shall apply only to the oil- and gas-producing industry and shall not apply to transmission and distribution systems or to product storage facilities.

Section 2. General Information.

(1) Location plats for wells proposed to be drilled pursuant to the provisions of KRS Chapter 353 or KRS Chapter 349 and the as-drilled location plat to be submitted after a well is drilled shall be prepared and certified in accordance with KRS 353.590(6).

(2) If the location of the well is known to be underlain by coal bearing stratum, the location plat for the well proposed to be drilled shall be:

(a) Prepared in accordance with KRS 353.737; and

(b) Certified by an engineer, as defined by KRS 322.010(2), registered in Kentucky.

(3) If any plat submitted by an applicant is determined to be materially inaccurate or incomplete, the department shall require that a new plat be prepared and submitted.

Section 3. Waiver.

(1) A person shall not drill a well for oil, gas, or coal bed methane within 150 feet, measured horizontally, from the surface location of the well bore to any occupied building, unless:

(a) A waiver of objection to the drilling is obtained in accordance with this section; or

(b) The department, after notice and a hearing, determines that the drilling and production of the well is not violative of the public policy set out in KRS 353.500 or 349.005.

(2) The surveyor preparing the plat for a permit shall indicate the location of a proposed well site relative to all buildings within 150 feet of the well site.

(3) If an owner of a building located within 150 feet of a proposed well site waives objection to locating a well closer than 150 feet to the building, then a copy of the executed agreement of waiver shall accompany the application for permit.

(4) A waiver shall not be transferable unless it contains an express provision that it is transferable.

Section 4.

(1) A separate location plat shall be submitted with each application to drill, deepen, or reopen a well.

(2) To ensure the division has accurate information regarding the location of a well drilled through a workable coal bed, a plat with the as-drilled location and elevation of the well shall be submitted to the division pursuant to KRS 353.737 in addition to the well location plat submitted to drill a proposed well.

(3) For coal bed methane wells, a copy of the plat shall be attached to the Application for Permit, OG-1, incorporated by reference in 805 KAR 1:010, and submitted to the relevant parties pursuant to KRS 349.015(2), (3), (4), or (7).

Section 5. Plat Preparation. Location plats for wells proposed to be drilled pursuant to the provisions of KRS Chapter 353 or KRS Chapter 349 shall be prepared as established in subsections (1) through (6) of this section.

(1) All plats shall be clearly legible and submitted on a sheet eight and one-half (8 1/2) by fourteen (14) inches. This sheet may be:

(a) Bond paper;

(b) Tracing cloth; or

(2) The well location plat shall:

(a) Show the location of the proposed well relative to the two (2) nearest boundaries of oil and gas ownership, including any subdivision of the lease;

(b) Indicate all producing wells and permitted well sites within 1,000 feet of the proposed well site or sites within 1,500 feet for a coal bed methane well; and

(3) The location of the proposed well shall be shown on the plat, by bearing and distance, relative to two (2) permanent points or monuments that appear on the applicable USGS seven and one half (7 1/2) minute; topographic quadrangle map, which permanent points or monuments include, for example, road intersections, bench marks, and buildings. A photocopy of a portion of the topographic quadrangle map showing the proposed well site shall be acceptable in lieu of identifying the points or monuments on the plat.

(4) The location of the well site shall be prepared with reference to either the Carter coordinate system, latitude and longitude, or the Kentucky coordinate system.

(5) The elevation of the well site shall be determined by instrument and calculation. Estimated topographic elevations shall not be acceptable.

(6) The plat shall be prepared to a scale of one (1) inch equals 100, 200, 300, 400, 500, 600, or 800 feet.

Section 6. As-Drilled Plat Location. Location plats for as-drilled wells shall be prepared as established in subsections (1) through (7) of this section.

(1) All plats shall be clearly legible and submitted on a sheet eight and one-half (8 1/2) by fourteen (14) inches. This sheet may be:

(a) Bond paper;

(b) Tracing cloth; or

(2) The well location plat shall:

(a) Show the location of the as-drilled well relative to the two (2) nearest boundaries of oil and gas ownership, including any subdivision of the lease;

(b) Identify all producing wells and permitted well sites within 1,000 feet of the as-drilled well site or sites within 1,500 feet for a coal bed methane well; and

(3) The as-drilled well location plat shall provide coordinates in feet, using the "NAD 83", with "Single Zone Projection" as the terms are defined by KRS 353.010.

(4) The location of the as-drilled well shall be shown on the as-drilled well location plat, by bearing and distance, relative to two (2) permanent points or monuments that appear on the applicable USGS seven and one-half (7 1/2) minute; topographic quadrangle map, which permanent points or monuments include, for example, road intersections, bench marks, and buildings. A photocopy of a portion of the topographic quadrangle map showing the proposed well site shall be acceptable in lieu of identifying the points or monuments on the plat.

(5) In addition to the requirements of subsection (3) of this section, the location of the well site shall be prepared with reference to either the Carter coordinate system, latitude and longitude, or the Kentucky coordinate system.

(6) The elevation of the well site shall be determined by instrument and calculation. Estimated topographic elevations shall not be acceptable.

(7) The plat shall be prepared to a scale of one (1) inch equals 100, 200, 300, 400, 500, 600, or 800 feet.

Section 7. Additional Requirements. In addition to the data required in Section 5 of this administrative regulation, well location plats shall include the:

(1) Operator;

(2) Farm or lease name;

(3) Well number;

(4) County;

(5) Scale at which the plat is drawn;

(6) North direction;

(7) Legend:

(8) Date of preparation of plat;

(9) Name of the topographic quadrangle map on which the well site may be located;

(10) Owners, lessors and lessees of oil and gas on tracts that are offset by the proposed well;

(11) Certification in the following form: "I hereby certify that the above plat is accurate and correct and satisfies the requirements of 805 KAR 1:030 to the best of my knowledge and belief"; and

(12) Certification, which shall be followed by the written signature of the person preparing the plat, the preparer's mailing address, registration number, and telephone number.

History

RELATES TO: KRS 349.015, 349.115, 353.550, 353.590, 353.737
STATUTORY AUTHORITY: KRS 349.015, 353.540, 353.550, 353.590(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.590(6) authorizes the department to promulgate administrative regulations concerning the preparation and filing of reports and plats. KRS 349.015 requires a plat to be filed with the department before a permit can be issued for a coal bed methane well. This administrative regulation establishes requirements for uniformity and clarity in well locations and identity.
History: OAG-Rg-1; 1 Ky.R. 89; eff. 11-13-1975; 11 Ky.R. 1894; eff. 7-9-1985; 36 Ky.R. 186; 624; 784; eff. 10-23-2009; Crt eff. 6-27-2018.; 46 Ky.R. 663, 2052; eff. 2-3-2020

805 KAR 1:040 Vacuums; use of {#sec-805-kar-1-040 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:040}

Section 1. The unauthorized use of vacuum pumps or other devices for the purpose of putting a vacuum on any oil-bearing stratum is prohibited; however, the department shall, upon application and for good cause shown, permit the use of vacuum pumps subject to such restrictions or limitations as the department may prescribe.

Section 2. On or before the date of filing written application for the use of vacuum on any property, the applicant shall notify, by registered mail, all operators of producing oil wells on premises within 1,000 feet of the well or wells where the use of vacuum is proposed, and shall set out in the notice the proposed strata or formation to which a vacuum is to be applied and the location of the well or wells on which vacuum pumps are to be installed. The applicant shall submit proof of such notice with the application, giving the names and addresses of all operators of oil interests.

Section 3. Upon receipt of the application and proof of notice the department shall hold the same for ten (10) days pending the filing of objections, and if none is received at the end of such period, the application may be approved by the department. In event objection is made and the department deems a hearing shall be had, notice shall be given to each objector and the applicant of the time and place designated by the department for such hearing.

Section 4. The department shall have authority after notice and hearing as specified in Section 3 of this administrative regulation to prohibit vacuum or to deny or revoke permission for the use of vacuum when, in its judgment, there is danger of underground waste or infringement on correlative rights. The department shall have authority to grant permission when it finds a further recovery of oil can be obtained by use of vacuum without danger of underground waste and without substantial injury to correlative rights.

History

RELATES TO: KRS 353.560
STATUTORY AUTHORITY: KRS 13A.100, 353.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.560 requires the Department for Natural Resources to regulate the use of vacuums. This administrative regulation is to require identification of vacuum uses to protect correlative rights.
History: OAG-Rg-3; 1 Ky.R. 633; eff. 4-9-1975; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 3-31-2025.

805 KAR 1:050 Bonds; requirements, cancellation {#sec-805-kar-1-050 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:050}

Section 1. Bonds Required. As part of the permit or transfer application, the applicant shall post a bond in an amount required by KRS 353.590(7) for oil or gas production wells or KRS 349.120 for coalbed methane wells.

Section 2. Surety Bonds.

(1) An operator that chooses to post a surety bond to meet the requirements of Section 1 of this administrative regulation shall file with the division an Individual Surety Bond, OG-5 or a Blanket Surety Bond, OG-6.

(2) Cancellation of a Surety Bond. A blanket surety bond filed pursuant to KRS 353.590(12) for production wells or KRS 349.120(1) for coalbed methane wells may be cancelled by the surety.

(a) Cancelation shall be by a communication in writing to the division.

(b) Cancellation shall be effective only to relieve the surety from liability under the bond for wells with permits that have not been issued at the time of the receipt of the notice by the division.

(c) Liability under the bond for wells with permits that have been issued prior to the receipt by the division of the notice shall not be affected by the cancellation.

Section 3. Property Bonds. An operator that chooses to post a property bond to meet the requirements of Section 1 of this administrative regulation shall file with the division a completed and notarized Property Bond, Form OG-15 pursuant to KRS 353.590(17).

Section 4. Other Bonds. An operator that chooses to post any other bond available to meet the requirements of Section 1 of this administrative regulation shall file:

(1) Irrevocable Letter of Credit, Form OG-16;

(2) Verification of Certificate of Deposit, Form OG-20; or

(3) A completed and notarized Individual Cash Bond, Form OG-45 or Blanket Cash Bond, Form OG-46.

Section 5. Notice of Noncompliance.

(1) At any time the division causes a notice of noncompliance to be served upon an operator, a duplicate notice shall be provided to the surety. The notice shall be sent by certified mail to the addresses of record. If an operator fails to comply within the timeframe established in KRS 353.590(24), the bond shall be ordered forfeited as established in that section.

(2) For wells covered by a surety bond pursuant to Section 2 of this administrative regulation, the surety shall be afforded the opportunity to act on behalf of the operator within the time set forth in KRS 353.590(24), in regard to the proper plugging of the well or wells and submission of required records.

Section 6. Bond Release. A bond shall be released upon the proper plugging of the well and the filing with the division of all required records and fees or upon transfer of the well to a successor operator pursuant to KRS 353.590 for production wells or KRS 349.120 for coalbed methane wells. A bond shall not be released until a request has been made in writing by the operator or surety to the division.

Section 7. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Individual Surety Bond", Form OG-5, June 2019;

(b) "Blanket Surety Bond", Form OG-6, June 2019;

(d) "Letter of Credit", Form OG-16, June 2019;

(e) "Verification of Certificate of Deposit", Form OG-20, June 2019;

(f) "Individual Cash Bond", Form OG-45, June 2019; and

(g) "Blanket Cash Bond", Form OG-46, June 2019.

History

RELATES TO: KRS 349.120, 353.590
STATUTORY AUTHORITY: KRS 349.115 353.540, 353.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.590 and 349.120 requires operators filing a permit application to provide proof of bonding and provides for methods of giving notice to operators and sureties of noncompliance. This administrative regulation establishes requirements for release, cancellation, and forfeiture of bonds.
History: OAG-Rg-6; 1 Ky.R. 633; eff. 4-9-1975; 18 Ky.R. 189; eff. 9-25-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; 46 Ky.R.665, 1491, 2053; eff. 2-3-2020; TAm eff. 4-24-2023.

805 KAR 1:060 Plugging wells {#sec-805-kar-1-060 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:060}

Section 1. Temporary Abandonment Permit.

(1) An owner or operator shall not leave a well drilled for oil, gas, salt water disposal, or any other purpose in connection with the production of oil and gas unplugged after the well is no longer used for the purpose it was drilled or converted.

(2) An owner or operator who wants to temporarily abandon a well shall apply for a permit from the division on the Temporary Abandonment Permit form OG-12.

(3)

(a)

Nothing in this section shall prevent the division, upon application and for good cause shown, from issuing a temporary abandonment permit for a period not to exceed two (2) years.
Nothing in this section shall alter the provisions of KRS 353.170 relative to utilizing a well for the purpose of introducing air, gas, water, or other liquid pressure into or upon the producing strata for the purpose of recovering oil and gas.

a. The temporary abandonment permit may be renewed on or before the expiration of the two (2) year period.

b. To renew, the permittee shall reapply on the Temporary Abandonment Permit form OG-12.

(b) All wells on which a temporary abandonment permit has been issued shall be cased and capped prior to temporary abandonment in a manner to protect all potential oil, gas, and fresh water zones.

(4) Each oil and gas well drilled through coal bearing strata shall be cased and vented to prevent the accumulation of gas in the casing annulus or bore hole.

(5) Pursuant to KRS 353.739, the division shall order a well drilled through a workable coal bed to be plugged and abandoned if:

(a) The well's permit conditions cannot be satisfied by remediation; or

(b) The operator is not able to comply with the ordered remediation.

(6) If a well is ordered plugged and abandoned pursuant to KRS 353.739, then a temporary abandonment permit shall not be granted.

Section 2. Notice for Plugging an Oil or Gas Well.

(1)

(a) Before work is commenced to plug and abandon a well, the owner or operator shall give notice to the division of the intention to abandon the well.

(b) A representative of the division shall provide plugging and abandonment direction and may be present at the time of plugging the well.

(2) The notice for plugging a well shall include at a minimum:

(a) The permit number of the well;

(b) The location of the well; and

(c) A fixed time when the work of plugging and filling will be commenced. The time shall not be less than five (5) days after the day on which the notice is received by the division.

(3)

(a) In addition to the requirements established in subsection (2) of this section, an operator of a well drilled through a workable coal bed shall notify, by certified mail, the owners of record, lessee of record, and operators of the coal bed and the appropriate oil and gas inspector of the intention to plug and abandon the well.

(b) A representative of the coal operator or owner may be present at the plugging and filling of the well.

Section 3. Plugging an Oil and Gas Well in Non-coal Bearing Strata. A well drilled through non-coal bearing strata shall be plugged as established in subsections (1) through (6) of this section.

(1) The bottom of the hole shall be filled to the top of each producing formation, or a bridge shall be placed at the top of each producing formation, and in either event a cement plug not less than fifteen (15) feet in length shall be placed immediately above each producing formation if possible.

(2) A cement plug not less than fifteen (15) feet in length shall be placed immediately below all fresh water bearing strata.

(3)

(a) A surface cement plug not less than fifteen (15) feet in length shall be placed at the top of the well and cemented to surface.

(b) The casing shall be cut off not less than three (3) feet below surface so as not to interfere with soil cultivation.

(4) Any well in which casing has been cemented from surface to total depth and casing cannot be pulled shall be plugged as established in paragraphs (a) and (b) of this subsection.

(a) The bottom of the hole shall be filled to the top of the producing formation and a cement plug not less than fifteen (15) feet in length shall be placed above this fill.

(b) A surface plug shall be placed as established in subsection (3) of this section. An intermediate plug shall not be required.

(5) The operator shall have the option as to the method of placing cement in the hole by:

(a) Dump bailer;

(b) Pumping through tubing; or

(c) Other method approved by the director to comply with the plugging requirements established in this administrative regulation to accommodate unforeseen well conditions.

(6) Within thirty (30) days after the plugging of a well has been completed, the owner or operator shall file with the division a completed and notarized Affidavit to Time and Manner of Plugging and Filling Well, Form OG-38.

Section 4. Plugging an Oil and Gas Well in Coal-bearing Strata. Each well drilled through a workable coal bed, including for the extraction of coal bed methane, shall be plugged and abandoned as established in subsections (1) through (7) of this section.

(1) A cement plug shall be placed to a point not less than forty (40) feet below the lowest workable coal bed.

(a) The hole shall be filled with cement from the bottom to a point twenty (20) feet above the top of the lowest oil, gas, or water-bearing strata; or

(b) A permanent bridge shall be anchored not less than thirty (30) feet below its lowest oil, gas, or water-bearing strata, and from the bridge it shall be filled with cement to a point not less than twenty (20) feet above the strata.

(2) Following compliance with the requirements of subsection (1)(a) or (b) of this section a cement plug shall be used to completely seal the hole.

(3)

(a) Between the sealing plug as established in subsection (2) of this section and a point not less than twenty (20) feet above the next higher oil, gas, or water-bearing strata, the hole shall be plugged in accordance with subsections (1) and (2) of this section.

(b) Another cement plug shall be installed above this oil, gas, or water-bearing strata in accordance with subsection (2) of this section.

(4) In accordance with subsection (1) through (3) of this section, the hole shall be filled and plugged or bridged, filled, and plugged, in each of its oil, gas, or water-bearing strata. If these strata are not widely separated and are free from water, the strata may be grouped and treated as a single productive stratum.

(5) After plugging all strata, a final surface plug shall be anchored approximately ten (10) feet below the bottom of the largest casing in the well and from that point to the surface, the well shall be filled with cement.

(6) The operator shall place cement in the hole in one (1) of the following ways:

(a) Dump bailer;

(b) Pumping through tubing; or

(c) A method approved by the director to comply with the plugging requirements established in this administrative regulation to accommodate unforeseen well conditions.

(7) Within thirty (30) days after the plugging of a well has been completed, the owner or operator shall file with the division an Affidavit to Time and Manner of Plugging and Filling Well, Form OG-38.

(8) If any of the strata in the well have been completed or stimulated, creating cavities that cannot readily be filled in the manner established in subsections (1) through (7) of this section, the well operator shall follow either of the methods established in paragraphs (a) or (b) of this subsection.

(a) If the stratum that has been completed or stimulated is the lowest one in the well, there shall be placed, at the nearest suitable point but not less than twenty (20) feet above the stratum, a plug of cement or other suitable material that shall completely seal the hole; but if the completion or stimulation has been done above one (1) or more oil or gas-bearing strata in the well, plugging in the manner established shall be done at the nearest suitable point, but not less than twenty (20) feet below and above the stratum completed or stimulated.

(b) If the cavity is in the lowest oil or gas-bearing stratum in the well, a liner shall be placed that shall extend from below the stratum to a suitable point, but not less than twenty (20) feet above the stratum in which the completion or stimulation has been done; but if the completion or stimulation has been done above one (1) or more oil or gas-bearing strata in the well, the liner shall be placed so that it shall extend not less than twenty (20) feet above or less than twenty (20) feet below the stratum in which completion or stimulation has been done. After the liner is placed, it shall be compactly filled with cement, clay, or other nonporous sealing material.

(9)

(a) Once a well drilled through coal-bearing strata has been filled and securely plugged to a point not less than forty (40) feet below the lowest workable coal bed, and in the judgment of the well operator, the coal operator, and the division, a permanent outlet to the surface is required, the outlet shall be provided as established in subparagraphs 1. through 3. of this paragraph.

A plug of cement shall be placed in the well at a depth not less than ten (10) feet below the lowest workable coal bed. In this plug and passing through the center of it shall be securely fastened an open pipe, not less than two (2) inches in diameter, which shall extend to the surface.
At or above the surface, the pipe shall be provided with a device that shall permit the free passage of gas and prevent obstruction.
After the plug and pipe are set, the hole shall be filled with cement to a point not less than ten (10) feet above the lowest workable coal bed.

(b)

If there are additional overlying workable coal beds, they shall be treated similarly, if this treatment is necessary in the reasonable judgment of the well operator, the coal operator, and the division.
If the parties cannot agree, the decision of the division shall control.

Section 5. Oil and Gas Wells used as Fresh Water Wells.

(1) If a well drilled through noncoal-bearing strata is to be plugged and can safely be used as a fresh water well, and if the utilization is desired by the landowner, the well need not be filled above the required sealing plug set below fresh water. A written authority for the use shall be secured from the landowner and filed with the division.

(2)

(a) If the well to be plugged is drilled through coal-bearing strata and can safely be used for a fresh water well, and the utilization is desired by the landowner and is agreeable to the owner or operator of all coal-bearing strata beneath the location of the well, the well shall not be filled above the required sealing plug set below fresh water. A written authority for the use shall be secured from the landowner and coal owner or operator, and filed with the division.

(b) In order for the operator to be released of any further plugging responsibility, the operator shall provide to the division evidence of compliance with the domestic water well construction requirements pursuant to 401 KAR 6:310 as administered by the Department for Environmental Protection.

Section 6. Downhole Disposal of TENORM Contaminated Material.

(1) On-site downhole disposal of tubular goods, sludge, and scale containing TENORM shall be allowed by the Division of Oil and Gas in combination with plugging and abandonment of an oil or gas production well if an inspector from the Division of Oil and Gas is present for the duration of the disposal and plugging activity and the standards established in paragraphs (a) through (g) of this subsection are met.

(a) The operator shall certify that the owner of the oil and gas rights covering the depths and formations where the TENORM waste is proposed to be disposed has consented, by lease or other document, to allow the on-site disposal of TENORM waste.

(b) The TENORM waste shall be limited to that generated at the lease, pool, or unit where disposal is proposed.

(c) The TENORM waste shall be placed in the well at a depth of at least 200 feet below the base of the deepest encountered underground source of drinking water with a total dissolved solids concentration of 10,000 ppm or less.

(d) The TENORM waste shall be placed in the well in a manner approved by the division to ensure proper placement and containment.

(e) A cement plug shall be placed below the TENORM waste, isolating the waste from any producing formation and preventing migration of TENORM waste below the disposal interval. The well shall be cemented from above the TENORM waste to the top of the well.

(f) The cement of the surface plug shall be color dyed with red iron oxide.

(g) A permanent marker that shows the three (3) bladed radiation symbol shall be placed at the top of the surface cement plug or welded to a steel plate at the top of the well casing at ground level.

(2) The operator shall apply to dispose of TENORM downhole, on Application for Authorization for Down-hole Disposal of TENORM Materials in Well Plugging and Abandonment Operations, form ED-39, which shall, at a minimum, contain:

(a) A description of the type of TENORM waste disposed;

(b) The approximate volume of each type of waste disposed;

(c) Results of activity concentration analysis of combined Ra-226 and Ra-228 in picocuries per gram (pCi/g) or radiation exposure or dose rate measured through the use of portable radiation detector appropriate for the radiation being measured, calibrated at least annually, and reported in microroentgen per hour (μR/hr) or microrem per hour (μrem/hr);

(d) The name, permit number, and GPS location of the well to be plugged in which TENORM waste is proposed to be disposed; and

(e) The formation or formations from which the TENORM waste originated.

(3) A copy of the Application for Authorization for Down-hole Disposal of TENORM Materials in Well Plugging and Abandonment Operations, form ED-39 shall be provided to the Cabinet for Health and Family Services, Radiation Control Branch, the owner of the oil and gas rights covering the depths and formations where the TENORM waste is proposed to be disposed, and to the owner of the surface estate at the time of filing of the application with the division.

(4) The division shall review the Application for Authorization for Down-hole Disposal of TENORM Materials in Well Plugging and Abandonment Operations, form ED-39 for completeness and for compliance with the information established in subsection (2) of this section in order to prevent migration of TENORM contaminated wastes from the borehole.

(5) The division shall provide written notice to the applicant of its approval or denial of the application. If the application is denied, the division shall notify the applicant in writing of the additional information necessary to satisfy the requirements of this section.

Section 7. If a person fails to comply with this administrative regulation, any person lawfully in possession of land adjacent to or in the neighborhood of the well may enter on the land upon which the well is located and plug the well in the manner established in KRS 353.180(1) or this administrative regulation, and may maintain a civil action against the owner or person abandoning the well, jointly or severally, to recover the cost of plugging the well. This section shall not apply to persons owning the land on which the well is situated and drilled by other persons.

Section 8. Well Plugging Prioritization. The prioritization for reclaiming abandoned storage tanks, properly plugging and abandoning eligible wells, and addressing imminent threats pursuant to KRS 353.562 shall be in accordance with the Kentucky Abandoned Storage Tank and Orphan Well Prioritization Schedule.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Affidavit to Time and Manner of Plugging and Filling Well", Form OG-38, June 2019;

(b) "Temporary Abandonment Permit", Form OG-12, June 2019;

(c) "Application for Authorization for Down-Hole Disposal of TENORM Materials in Well Plugging and Abandonment Operations", Form ED-39, September 2017; and

(d) "Kentucky Abandoned Storage Tank and Orphan Well Prioritization Schedule", June 2019.

History

RELATES TO: KRS 211.892, 211.893, 353.120, 353.170, 353.180(1), 353.550, 353.990
STATUTORY AUTHORITY: KRS 353.560(1), 353.739
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.560(1) requires the department to promulgate administrative regulations to regulate the plugging of all wells. This administrative regulation establishes the minimum acceptable requirements to plug or temporarily abandon wells.
History: OAG-Rg-4; 1 Ky.R. 1069; eff. 6-11-1975; 44 Ky.R. 346, 1021 eff. 12-7-2017; Crt eff. 6-27-2018; 46 Ky.R. 667, 1493, 2054; eff. 2-3-2020.

805 KAR 1:080 Gas storage reservoirs; drilling, plugging in vicinity {#sec-805-kar-1-080 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:080}

Section 1. Purpose. This administrative regulation is designed for the protection of gas storage reservoirs, which are natural resources of the state, and a person, firm, or corporation shall not cause physical damage to, or create a hazardous condition threatening the existence of, a reservoir in any manner as to make any reservoir less susceptible for use for gas storage.

(1) Any well penetrating, drilled to a geologic stratum overlying, or drilled in the vicinity of an underground gas storage reservoir shall be maintained at all times in a manner that shall both:

(a) Exclude the encroachment of oil, gas, or water into a reservoir; and

(b) Protect the reservoir from a blowout or waste of gas during the drilling of and after completion or plugging of the well.

(2) In addition, this administrative regulation has as its purpose the equitable adjustment of correlative rights of gas storage owners and oil and gas operators.

Section 2. Establishment of a Gas Storage Reservoir.

(1) Before an area may be declared to contain one (1) or more gas storage reservoirs for the purpose of this administrative regulation the gas storage operator shall file with the Director of the Division of Oil and Gas for each reservoir, a:

(a) Certificate of convenience, issued by the Federal Power Commission or its successor, if issued;

(b) Certificate of convenience issued by the Kentucky Public Service Commission or its successor, if issued; or

(2)

(a) The filing, established in subsection (1) of this section, shall be accompanied by a map, prepared on the scale of one (1) inch equals 2,000 feet and using the appropriate seven and one-half (7 1/2) minute topographic map as the base.

(b) The map shall include in detail the properties on which storage rights have been or are being obtained, whether by purchase or condemnation and of the storage reservoir protection zone as suggested by the storage operator.

(c) This protection zone shall not be wider than 2,000 feet from the nearest property on which gas storage rights have been or are being obtained. The width shall be subject to the approval of the division based on the characteristics of the reservoir and the maximum anticipated storage pressure.

(3) The required map shall be refiled at any time that storage rights on additional acreage are acquired or at any time that acreage on which storage rights have been acquired is eliminated.

(4) Gas shall not be moved and stored until the above cited filing is made with the director. This shall not include moved and stored gas that is to be used to determine whether or not underground gas storage is feasible.

Section 3. Application for Permit to Drill, Deepen or Reopen a Well on Property for Which Gas Storage Rights are Acquired.

(1) Before drilling, deepening, or reopening a well on a property for which gas storage rights have been acquired, the well operator shall, at the time of filing with the division, also forward to the gas storage operator by registered or certified mail, or by personal service a copy of the application and plat.

(2) On a property for which there is an outstanding oil and gas lease or on a property on which producing wells are located, it shall be the responsibility of the gas storage operator to notify the well operator at the time storage rights are acquired of the acquisition and that a copy of all future applications to drill, deepen, or reopen wells by the well operator shall be provided to the gas storage operator.

Section 4. Application for Permit to Drill, Deepen, or Reopen a Well on Property for Which Gas Storage Rights are Not Acquired but That Lies Within the Storage Reservoir Protection Zone. Upon an application for permit to drill, deepen, or reopen a well being received by the division in which the location of the proposed well will fall within the storage reservoir protection zone, the division shall notify the well operator and the gas storage operator of the receipt of the application by first class mail, postage prepaid.

Section 5. Objection and Hearing.

(1) Applications to drill, deepen, or reopen a well on a property on which gas storage rights have been or are being acquired or upon any property that lies within the storage reservoir protection zone shall be held for five (5) days after receipt.

(2)

(a) During the time established in subsection (1) of this section, the gas storage operator may file with the division specific objections to the proposed well. If objections are filed, the gas storage operator shall notify the well operator by registered certified mail or by personal service.

(b) The department, in accordance with KRS 353.700, shall set a time and place for the hearing. The hearing time shall be no more than ten (10) days after the end of the five (5) day period.

(c) At the hearing, the division, well operator, and the gas storage operator shall consider the objections and agree to the drilling proposal as submitted or agree to changes in the drilling proposal that meets the approval of the division consistent with 805 KAR Chapter 1. Any agreed upon amendments to the drilling proposal shall be included on an amended drilling application and filed with the division.

(d) The division, upon receipt of the amended application, shall issue to the well operator a drilling permit approving the drilling of the well.

(e) If the gas storage operator and the well operator are unable to agree at the hearing, the division shall issue to the well operator a permit to drill the well either as originally proposed or with the amendments to the proposal as the division determines appropriate to protect the underground gas storage reservoir and prevent the loss of gas without unnecessarily restricting drilling operations.

(3) If the gas storage operator and the well operator cannot agree on the proposal under which the well is to be drilled, completed, and plugged, then the division shall in its order specify what costs, if any, in excess of costs normally expended in the drilling, completion, and plugging of the well shall be borne by the gas storage operator and shall specify when and in what manner payment shall be made.

(4)

(a) The gas storage operator may waive the ability to object established in subsection (2)(a) of this section by letter, telegram, or telephone, if the telephone notice of waiver is followed by a written waiver, to the division on:

Any one (1) well;
Group of wells;
All wells to be drilled by a well operator; or
All wells to be drilled in a specific area or on a specific lease.

(b) If the waiver or waivers are filed with the division, and if the public interest is being served, then the division shall issue the permit.

Section 6. Notice to Well Operator. The gas storage operator shall give the well operator a notice of intention to drill, deepen, or reopen a well in the manner established in Section 3 of this administrative regulation. Notice shall be required only to the well operator in possession at the time rights of storage are acquired or a successor in interest if the latter notifies the gas storage operator in writing of the acquisition. The well operator shall have the same rights and obligations as the gas storage operator with respect to objections and hearing as detailed in Section 5 of this administrative regulation.

Section 7. Notice of Intention to Plug Wells.

(1)

(a) Prior to plugging a well, a well operator shall notify the gas storage operator and the division of the intention to properly plug and abandon the well if the well is drilled through or penetrates:

An underground gas storage reservoir; or
The same stratigraphic horizon as the gas storage reservoir in the storage reservoir protection zone.

(b) The notice shall be given in time for the representatives of the gas storage operator and the division to have the opportunity to be present at the plugging and filling of the well. If representatives do not appear, the well operator may proceed, at the time fixed in the notice, to plug and fill the well.

(2)

(a) Upon receipt of notice of intention to properly plug and abandon the gas well, the gas storage operator may, after determining from the well operator the physical condition of the well, elect to allow the operator to only properly plug and abandon the well or bear the entire cost of proper plugging and abandonment.

(b) If the gas storage operator elects to properly plug and abandon the well or bear the entire cost of proper plugging and abandonment, the gas storage operator shall provide notice in writing to the gas well operator and the division.

(c) Upon receipt of the notice from the gas storage operator, the gas well operator shall advise in writing both the gas storage operator and the division of the condition of the well, of any equipment or pipe that may be in the well and the existence and type of any equipment or materials that have been lost in the hole.

(d) Upon receipt by the division of the notice required of the gas storage operator established in paragraph (a) of this subsection and the advice required of the well operator in paragraph (c) of this subsection, the division shall cause the well operator's bond to be released and the well shall be placed under the bond of the gas storage operator.

(3) Once the plugging and filling have been completed by either the gas well operator or the gas storage operator, an affidavit establishing the time and manner in which the well was plugged shall be made by the operator as established in paragraphs (a) and (b) of this subsection.

(a) The affidavit shall be made on the Affidavit to Time and Manner of Plugging and Filling Well, Form OG-38, incorporated by reference in 805 KAR 1:060.

(b) One (1) copy of the affidavit shall be retained by the person that caused the well to be properly plugged and abandoned, one (1) mailed to the gas storage operator or the well operator, and one (1) to the division.

Section 8. Drilling Against High Reservoir Pressures. If possible, the drilling into or through storage reservoirs shall be conducted when the reservoir pressure is equal to or less than the original formation pressure and the original formation pressure shall be provided by the gas storage operator.

Section 9. Nothing in this administrative regulation shall be construed to prohibit a well operator or a gas storage operator from drilling a well that they would otherwise have the right to drill.

History

RELATES TO: KRS 349.035, 353.500, 353.520, 353.540, 353.550, 353.560
STATUTORY AUTHORITY: KRS 349.115, 353.540, 353.670
NECESSITY, FUNCTION, AND CONFORMITY: KRS 349.115 and 353.540 authorize the Department for Natural Resources to promulgate administrative regulations to implement the Commonwealth's oil, gas, and coalbed methane programs. This administrative regulation establishes requirements for the protection of the integrity of gas storage reservoirs by requiring certain techniques of drilling, casing, operating, and plugging be applied while operating in the vicinity of gas storage reservoirs.
History: O&G-M&M-7; 1 Ky.R. 1071; eff. 6-11-1975; Crt eff. 6-27-2018; 46 Ky.R. 670, 1497, 2056; eff. 2-3-2020.

805 KAR 1:100 Commission's rules of procedure, spacing of deep well drilling, wildcat wells, and pooling of interests {#sec-805-kar-1-100 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:100}

Section 1. Definitions.

(1) "Commission" is defined by KRS 353.510(4).

(2) "Correlative rights" is defined by KRS 353.510(6).

(3) "Deep well" is defined by KRS 353.510(16).

(4) "Director" is defined by KRS 353.510(3).

(5) "Drilling unit" is defined by KRS 353.510(19).

(6) "Field" is defined by KRS 353.510(10).

(7) "Gas" is defined by KRS 353.510(8).

(8) "Horizontal well" is defined by KRS 353.510(25).

(9) "Oil" is defined by KRS 353.510(7).

(10) "Operator" is defined by KRS 353.510(17).

(11) "Overriding royalty interest owner" means a person other than a royalty owner, with a right to a percentage share of production or the value derived from production that is:

(a) Free of all costs of drilling and production; and

(b) Created by the lessee or working interest owner and paid by the lessee or working interest owner.

(12) "Person" is defined by KRS 353.510(5).

(13) "Pool" is defined by KRS 353.510(9).

(14) "Prevailing royalty" is defined by KRS 353.510(27).

(15) "Royalty owner" is defined by KRS 353.510(18).

(16) "Vertical well" is defined by KRS 353.510(26).

(17) "Well" is defined by KRS 353.510(14).

(18) "Wildcat well" means any deep vertical or horizontal well that is drilled:

(a) With the intent of discovering or producing hydrocarbons from a formation or formations not previously productive of oil or gas well within 10,000 feet of its location; or

(19) "Working interest owner" means an operator with the obligation to bear all or a proportionate share of the costs and expenses of unit operation.

Section 2. Rules of Procedure.

(1)

(a) Except as established in paragraph (b) of this subsection, all orders of the commission establishing drilling units, pool or field-wide units, or special field rules shall be issued only after notice and hearing in accordance with this administrative regulation and consistently with the provisions of KRS 353.500 to 353.720.

(b) The commission may issue emergency orders without notice and without an initial hearing upon a finding of necessity to prevent waste, irreparable injury, or other cause.

An emergency order shall remain in effect for not more than forty-five (45) days from the effective date.

a. Immediately upon entering an emergency order, the commission shall call a hearing on the subject matter thereof.

b. The hearing shall be held prior to the expiration of the order.

(2) A public hearing pursuant to KRS Chapter 13B shall be conducted by the commission:

(a) As a result of a reported violation of a requirement of this administrative regulation;

(b) To consider a permit application;

(d) To consider a combination of items established in paragraphs (a) through (c) of this subsection.

(3) All hearings before the commission shall be open to the public. Hearings shall be called by the commission for the purpose of taking an action in respect to any matter within its jurisdiction upon its own motion or upon the request of any interested party. Requests for hearing (except as otherwise provided herein) shall be written and may be in the form of a letter, shall be brief and concise, shall state in general terms the matter upon which action of the commission is desired, the interest of the applicant, or person making the request, the action sought, and the reasons therefor.

(4) The director shall maintain a docket book for the commission.

(a) Each written request for a hearing and each hearing called on motion of the commission shall be docketed and given a docket number, and a file carrying each number shall be opened by the director.

(b) Each written request for a hearing; a copy of the notice of hearing, together with proof of its publication pursuant to subsection (7) of this section; the originals of all instruments, documents, plats, and other data filed in connection with the hearing or the subject matter thereof; a transcript of all evidence taken at the hearing; and the originals or copies of all correspondence with the commission concerning the hearing or the subject matter thereof shall be stamped with the docket number of the hearing and placed and kept in the file carrying the number.

(c) The docket book and all files pertaining to hearings shall be open to the public at all reasonable times but shall not be removed from the custody of the commission or its employees.

(d) Copies of written requests for hearings, instruments, documents, plats, other data, and correspondence shall be furnished to any interested party upon payment of the cost of making such copies in accordance with the Kentucky Open Records Act, KRS 61.874.

(e) Each notice of hearing shall refer to the docket number thereof.

(5) All hearings shall be held in Frankfort, Kentucky, unless otherwise ordered.

(6)

(a) Upon receipt of a proper request or completed application for hearing, the commission shall call a hearing within thirty (30) days.

(b) Within thirty (30) days after the conclusion of the hearing, the commission shall take action with regard to the subject matter thereof.

(7)

(a) Notice of each hearing shall be given by publication in accordance with KRS Chapter 424.

(b) If required by KRS 353.651 or 353.652 to give personal notice to all persons reasonably known to own an interest in the oil and gas in an area to be unitized or for which special field rules are proposed, the commission shall give the notice by registered mail unless a person has given a mailing address as established in subsection (8) of this section.

(8)

(a) The director shall maintain a general mailing list of the names and addresses of all persons who make request in writing to be included on the general mailing list. Each person on the general mailing list shall be mailed by first class mail at the address listed a copy of all notices and orders issued by the commission.

(b) The director shall maintain a mailing list for each field in the state containing one (1) or more deep wells and shall place on each mailing for each field list the names and addresses of all persons who make request in writing to be included. Each person included on the mailing list for a field shall be mailed by first class mail at the address listed a copy of all notices and orders issued by the commission pertaining to that field.

(c) The failure to mail a copy of a notice to a person on a list established by this section shall not invalidate a hearing held pursuant to this section unless the person omitted from the notice mailing is known to own an interest in the oil and gas in an area to be unitized and for which special field rules are proposed.

(9) Each notice of a hearing shall state the:

(a) Time and place of the hearing;

(b) Name of the party requesting the hearing;

(d) Action sought; and

(e) Docket number.

(10) A notice by personal service shall not be necessary except as required by KRS 353.651 or 353.652 and to each person reasonably known to have an interest in the proceedings before the commission.

(11) After notice of a hearing is once given, the hearing may be continued to another day and from day to day by order of the commission entered on the day fixed for the hearing.

(12) An interested person shall have the right to be heard at a hearing and to present witnesses and other evidence whether or not represented by legal counsel or technical assistance. In addition to verbal testimony, the commission may require any protest made to be reduced to writing and filed.

(13) In a proceeding before the commission subpoenas may be issued requiring the attendance of witnesses and the production of books, records, maps, charts, diagrams, and other pertinent documents material to the matters lawfully before the commission at the designated place of hearing.

(14) Each hearing shall be opened with the reading of the notice or notices. The request for hearing, the notice or notices thereof, and proof of the due publication of the notice or notices of the hearing shall be made a part of the record of the hearing.

(15) Each witness shall be required to testify under oath, administered by a member of the commission, to tell the truth, the whole truth, and nothing but the truth, and all witnesses shall be subject to direct and cross-examination by any member of the commission or by any party or the party's legal representative.

(16) In all noncontested matters or in contested matters in which those parties who appear in person at the hearing agree thereto, sworn affidavits may be received in evidence. The commission reserves the right to reject an affidavit and to require the affiant to appear in person if more information is necessary.

(17) The materiality, relevancy, and competency of any testimony or other evidence shall be subject to challenge by any party to the hearing or by any member of the commission. An objection shall be acted upon by the chairman or by the acting chairman, the ruling thereon being subject to change by a majority vote of the commission members present.

(18) Each party presenting an exhibit shall file a total of eight (8) copies with the reporter. A suggested form of order shall be filed as five (5) copies. These requirements may be waived by the commission if compliance would be unduly burdensome.

(19) The commission shall by order entered on its minutes appoint a competent reporter or videographer.

(a) Each hearing shall be recorded by a reporter or videographer appointed by the commission and sworn faithfully to discharge his or her duties.

(b) The reporter or videographer shall transcribe or record hearings only upon order of the commission.

Inspection at the office of the commission in Frankfort; and
Purchase by parties from the reporter or videographer at rates prescribed for transcripts of evidence or video records in circuit court proceedings in Kentucky, whether ordered transcribed by the commission or not.

Section 3. Permitting and Spacing of Wildcat Wells.

(1) The 10,000 feet from a horizontal wildcat well shall be measured as 10,000 feet from any point along the lateral portion of the wellbore that is located in the productive formation.

(a) Proof supporting permitting of a well located less than 10,000 feet from the nearest deep well previously productive of oil or gas shall be submitted to the director with the permit application.

(b) If a deep well encounters a formation or pool as to which it is not a wildcat well, it shall not be produced unless it is otherwise in compliance with the permit requirements and spacing requirements established in Section 4 of this administrative regulation for other wells in that formation or pool.

(c) The director may grant permission to test previously producing formations encountered in the drilling of a wildcat well and shall establish permit conditions to protect the formation or formations tested and the rights of the operator of any well or wells producing therefrom. If the director grants permission for testing, the other members of the commission shall be informed in writing of the action.

(d) If an operator files an Application for Permit, ED-l, incorporated by reference in 805 KAR 1:140, which does not meet the spacing provisions of this section, the director shall notify the commission. The commission shall consider the new application if the commission finds, from the new application, that conditions warrant an exception to this section.

(2) Within ninety (90) days following the completion of testing by surface production test of a wildcat well shown to be capable of production of oil or gas, or within ninety (90) days of completion as a producible well, whichever occurs first, the operator thereof shall file with the commission a plat showing a proposed unit for the well conforming to the rules established in Section 4(1) or 5(2) of this administrative regulation.

Section 4. Drilling and Spacing of Vertical Deep Oil and Gas Wells.

(1)

(a) If a permit is requested for a vertical deep gas well other than a wildcat well or a well drilled on a unit previously formed by the commission, the Application for Permit, ED-1, incorporated by reference in 805 KAR 1:140, shall include a plat showing a proposed unit comprising a square with sides of 3,500 feet if the well is to be drilled to a depth less than 7,000 feet and with sides of 5,000 feet if the well is to be drilled to a depth of 7,000 feet or more.

(b) If the permit is for a vertical deep oil well, the proposed unit plat shall comprise a square with sides of 1,750 feet if the well is to be drilled to a depth of less than 7,000 feet and 2,500 feet if the well is to be drilled to a depth of 7,000 feet or more.

(c) The first proposed unit for a pool shall be delineated so that the line forming one (1) side of the square is a base line running from south to north parallel to the Kentucky Coordinate System. All other north-south lines for that proposed unit and any additional units for the same pool shall be drawn parallel to the base line.

(2) Except as established in subsections (4) and (5) of this section, a vertical deep gas well drilled to a depth:

(a) Less than 7,000 feet shall not be located within 1,072 feet of the boundary of the proposed unit; and

(b) Of 7,000 feet or more shall not be drilled within 1,532 feet of the boundary of the proposed unit.

(3) Except as established in subsections (4) and (5) of this section, a deep oil well drilled to a depth:

(a) Less than 7,000 feet shall not be located within 536 feet of the boundary of the proposed unit; and

(b) Of 7,000 feet or more shall not be drilled within 766 feet of the boundary of the proposed unit.

(4)

(a) Pursuant to paragraph (b) of this subsection, upon receiving evidence showing a necessity, the director shall grant a permit in accordance with subparagraphs 1. through 4. of this paragraph. A vertical deep:

Oil well at a depth less than 7,000 feet shall not be located closer than 438 feet to the boundary of the proposed unit;
Oil well at a depth of 7,000 feet or more shall not be located closer than 625 feet to the boundary of the proposed unit;
Gas well at a depth of less than 7,000 feet shall not be located closer than 875 feet to the boundary of the proposed unit; and
Gas well at a depth of 7,000 feet or more shall not be located closer than 1,250 feet to the boundary of the proposed unit.

(b) The director shall not grant a permit pursuant to the provisions of paragraph (a) of this subsection except in the presence of evidence that supports that the proposed location is justified by either topographical or geological conditions. Upon granting this permit, the director shall inform the other members of the commission of his or her action in writing.

(c) Prior to the time a certificate of compliance is granted and a well located in accordance with paragraph (a) of this subsection is produced other than for the purpose of testing, the director shall determine if a hearing is necessary for the purpose of taking any special action that may be required to offset any advantage resulting from the location of the well according to the permit and thus protecting correlative rights of others with interests in the pool. If it is determined that special action is necessary, the director shall call a hearing of the commission.

(5)

(a) A location that varies from the limitations established in subsections (2) to (4) of this section shall be granted if the commission determines, after notice and hearing, and the facts clearly support the determination, that a proposed unit or a previously formed unit is partly outside the pool, or, for some other reason, a well located in accordance with the statewide rules could not reasonably be expected to be productive or topographical conditions are such as to make the drilling at such a location unduly burdensome. A written request for an exception location shall be accompanied by a plat drawn to the scale of not smaller than 1:12,000 accurately showing to scale the proposed location of the well according to the Carter Coordinate System and all other deep wells within two (2) locations of the proposed location.

(b) If an exception location is sought on the ground of topographical conditions, it shall be demonstrated that the commission can effectively offset any advantage to the applicant accruing from the variation.

(c) If an exception location is granted, the commission shall take concurrent action as required to offset any advantage to the applicant and thus to protect the correlative rights of others with interests in the pool. If the proposed unit or already formed unit is of less acreage than that prescribed by the applicable spacing rule for a regular unit, if proposed or formed according to special field orders for the pool in question, the special unit shall be allowed to produce only in the proportion that the acreage content of the special unit bears to the acreage content of a regular unit.

(6) A proposed unit, a portion of a proposed unit, or a unit formed by order of the commission upon which a well is located shall not be attributed, in whole or in part, to any other drilling or producible well in the same pool.

(7)

(a)

Unless authorization to intentionally deviate and directionally drill a well is granted by the commission, every well shall be drilled in such a manner that at any measured depth the actual or apparent location of the well bore shall be within a circle whose center is the surface location and whose radius is equal to the measured depth multiplied by a factor 0.087156.
The actual or apparent resultant deviation of the well bore from the vertical shall not be in excess of five (5) degrees at any measured depth.
In the event a directional survey indicates that the well bore is outside the above circle at any measured depth, the deviation shall be corrected so that drilling shall be restored to the specified limit.
Upon completion of a survey indicating that a well may be deviated beyond the above prescribed tolerance, the operator shall inform the director.

a. If an operator has commenced drilling a well and desires to change the bottom hole location by directionally controlling and intentionally deflecting the well from the vertical, whether more or less than five (5) degrees, unless done to straighten the hole or to sidetrack debris in the hole or because of other mechanical difficulties, the operator shall first make application for an amended location showing by attached plat the amended projected bottom hole objective and secure an amended permit to drill before commencing.

b. The amended bottom hole location or objective shall comply with all minimum distances from unit lines as required by all statewide orders or applicable field orders.

(b) In the event a well is to be drilled at a distance from a unit line where the distance is less than the apparent resultant lateral deviation, as determined by multiplying the proposed total depth of the well by the factor 0.087156, a permit to drill shall be issued and the operator shall be required to submit to the commission inclination or directional survey data as proof that the well shall be completed in compliance with the provisions of this administrative regulation before a certificate of compliance is issued.

An inclination survey shall be made on each well drilled with the first shot point at a depth not greater than that of the surface casing seat and succeeding shot points not more than 1,000 feet apart.
Inclination surveys conforming to this section shall be made either during the normal course of drilling or after the well has reached total depth.
Survey data shall be certified by the operator's representative or drilling contractor and shall indicate the resultant lateral deviation as the sum of the calculated lateral displacement determined between each inclination survey point, assuming that all displacement occurs in the direction of the nearest unit line.
If a directional survey determining the bottom of the hole is filed with the commission upon completion of the well, there shall not be a requirement to submit the inclination survey data.

(c) An applicant for a hearing to issue special field orders for a new pool or otherwise to establish a drilling unit, or any interested party, may request that the commission pool the interests of the owners and the royalty owners in any unit or units established as a result of the hearing.

A request to pool separately owned tracts concurrently with the establishment of a unit or units shall be submitted with the written request for the hearing, or sufficiently in advance to include notice of the request in the notices of hearing.
If necessary, the commission shall on its own motion include the pooling of separately owned tracts in the notice of a hearing to establish a unit or units.
If separately owned tracts are not pooled as a result of the hearing to establish a unit or units, any interested party may request pooling at any subsequent time.
If the owners and royalty owners have not agreed to pool their interests within 120 days of the issuance of a certificate of compliance, the operator of the well shall apply for a hearing to issue a pooling order.

(8) Additional permits for a deep vertical well shall not be issued for the pool until a proposed unit plat is filed. Once the plat is filled for a wildcat well or any subsequent wells, additional permits for a deep vertical well shall not be issued if the permits will violate the integrity of the proposed unit or the spacing regulations established by this section.

Section 5. Horizontal Unitization and Looking for Deep Well Reservoirs.

(1) In accordance with the procedures established in this section, the commission shall unitize a productive deep well reservoir for the drilling of horizontal wells for the purposes of:

(a) Achieving a greater ultimate recovery of oil and gas from the reservoir;

(b) Preventing waste; and

(2) If the Application for Permit, ED-1, incorporated by reference in 805 KAR 1:140, has been submitted or well permits have been submitted for multiple horizontal wells to be drilled from a single well pad, the proposed operator of those wells may simultaneously or thereafter apply to create a unit for the coordinated drilling and operation of the well or wells and the allocation of costs and production from the well.

(a) A written request to create a unit shall include:

All information required by KRS 353.652 and 805 KAR Chapter 1; and
A plat of the proposed unit.

(b) For a single deep horizontal well, the plat shall also include the:

Surface location of the proposed well;
Directional path of the lateral portion of the wellbore; and
Point of entry into any proposed producing formation.

(c) For multiple deep horizontal wells to be drilled from a single well pad, the plat shall show the plan of development for the unit that shall include the:

Surface location of each well;
Directional path of the lateral portion of the wellbore; and
Point of entry into any proposed producing formation.

(d) The plan of development shall be fair, reasonable, equitable, and shall meet all requirements of this section and KRS 353.651 and 353.652.

(3) If the director determines the permit requirements for the wells included in the proposed deep horizontal well unit have been met, the director shall notify the commission within five (5) working days of the pending application, and the commission shall set a hearing date for the commission to review and consider the requested unit. The hearing shall be held not more than thirty (30) days from the date the director has notified the commission of the pending application.

(a) The director shall forward to the commission a complete copy of the applications for the deep horizontal well permits and unit designation and all documents and information filed.

If, upon reviewing the written request for the unit, the commission determines that it does not have sufficient data to make the findings required by KRS 353.652, the commission shall request additional information from the applicant prior to the hearing.
If additional information is requested by the commission, the commission shall so notify the operator, and the additional information shall be filed with the commission prior to the hearing or it shall be presented to the commission at the hearing.

(b) Upon the request of the operator, and to the extent the commission is legally authorized to do so, the commission shall keep confidential for a period of one (1) year following the date the deep horizontal well is completed, any geological or technical information provided in support of a proposed unit.

(4) The commission shall consider the complete application for the proposed deep horizontal well unit based on information and testimony presented by the operator at the hearing that the unit is necessary to prevent waste and to protect correlative rights and that it shall result in the increased recovery of substantially more oil and gas from the reservoir than would otherwise be recovered based upon:

(a) Geological features existing with the proposed unit delineated by the geologically defined limits of the producing reservoir;

(b) Unit size, determined by estimating the likely drainage area for the proposed deep horizontal well, considering the well depth, the reservoir pressure, and other geophysical and petrophysical characteristics of the particular formation;

(d) The length of the laterals of the proposed deep horizontal well;

(e) The proposed use of multilateral deep horizontal wells, if applicable;

(f) The anticipated principal fluid and anticipated total volume to be used in the well treatment; and

(g) A combination of the factors established in paragraphs (a) through (f) of this subsection.

(5)

(a) After notice and hearing, the commission shall determine if the:

Proposed pooling or unitization of the reservoir is reasonably calculated to increase the ultimate recovery of oil and gas from the reservoir through the use of horizontal well technology;
Use of horizontal well technology to drill the proposed deep horizontal wells in the reservoir:

a. Is feasible;

b. Will prevent waste;

c. Will protect correlative rights; and

d. Will with reasonable probability result in the increased recovery of substantially more oil and gas from the reservoir within the unit than would otherwise be recovered; and

Unitization and the use of horizontal well technology to drill the proposed deep horizontal wells is for the common good and will result in the general advantage of the royalty owners within the unit.

(b) Upon making these findings, the commission shall enter an order approving the creation of the proposed drilling and production unit and providing for the pooled or unitized operation of the deep well reservoir described in the order, all upon terms and conditions shown by the evidence to be fair, reasonable, equitable and that shall be necessary or proper to protect and safeguard the respective rights and obligations of the working interest owners and the royalty owners.

(6) The order of the commission creating the unit shall:

(a) Approve the size and shape of the unit;

(b) Approve and adopt the plan of development for the unit, with a copy thereof attached to the order;

(d) Provide that the unit shall automatically terminate upon the expiration of all the well permits for the proposed deep horizontal wells within the approved unit; and

(e) Provide that, within ninety (90) days of the expiration of the permits for the proposed deep horizontal wells remaining undrilled in the approved plan of development, the designated unit operator shall apply for reformation of the drilling unit to conform the unit size and shape to the actual development that occurred.

(7) From and after the effective date of the order of the commission approving the unit, the interest of each royalty owner and overriding royalty interest owner in the unit shall be the percentage of interest owned by such royalty owner or overriding royalty interest owner in each separate tract, multiplied by the proportion that the acreage in each separately owned tract bears to the entire acreage of the unit. The order shall provide for the right of the designated operator of the unit to drill through separately owned tracts that have been pooled voluntarily or by order of the commission within the unit as necessary in order to efficiently develop the pooled or unitized production.

(8) The costs incurred in connection with and the production and proceeds from the wells in the unit shall be allocated to each separate tract in the unit and shall be borne or shared by the working interest owners in each separate tract based upon and determined by the interest of each working interest owner in the tract. For the purpose of this section, any owner or owners of oil and gas rights in and under an unleased tract of land within the unit, shall be regarded as a royalty interest owner to the extent of the prevailing royalty in and to the rights and a working interest owner to the extent of the remaining interests therein.

Section 6. Certificate of Compliance. Prior to producing oil or gas from a deep well, other than test production for a period not in excess of sixty (60) days, the operator shall apply for and obtain a certificate of compliance from the director.

(1) The written request for the certificate of compliance shall be verified, and shall provide information, including an "as-built" plat of each well in the unit, that the permitted deep well as proposed in the unit application and plan of development, if applicable, were completed as set forth or in accordance with the final reformation of the drilling unit approved by the commission.

(2) The director shall issue the certificate of compliance or notify the operator of a decision not to issue the certificate of compliance within fifteen (15) days of receipt of an application.

Section 7. Request for Special Field Orders for Wells.

(1) If a new pool is penetrated and a well is proven by surface production test to be capable of producing oil or gas in paying quantities, the operator shall, within 120 days after the test is completed or after the well is completed as a producible well, whichever occurs first, or within sixty (60) days of the completion of a confirmation well in the pool, whether drilled by the operator or another operator, request a hearing to issue special field orders governing the spacing of wells and establishment of units in the pool.

(2) A written request for special field orders shall contain a plat showing all wells in the pool affected and the unit or units proposed for the pool.

(3) If upon testing a discovery well the confirmation well should not or cannot reasonably be located in accordance with the statewide spacing rules, the operator shall proceed by requesting a hearing to obtain an exception location.

Section 8. Reformation of Drilling Units.

(1) Drilling units approved by the commission may be reformed only upon notice and hearing as required by KRS 353.651, to exclude previously included acreage or to include new acreage, or both.

(2)

(a) A request for a hearing to reform drilling units shall specify that there:

Is new geological data;
Is new geophysical data; or
Was a change in the proposed drilling of each well in the approved unit and plan of development that will form a basis for the requested reformation and generally describe the source and nature of the data.

(b) A unit shall not be reformed in the absence of the data required by paragraph (a) of this subsection.

(c)

New data shall be data not in existence at the time of the hearing, resulting in the formation of the units proposed for reformation.
Reinterpretation of data existing at the time of the prior hearing shall not serve as a basis for reformation.

Section 9. Testing of Water Sources near Deep Wells Employing High-Volume Horizontal Fracturing. At least twenty (20) days prior to commencement of the high-volume horizontal fracturing treatment on a horizontal deep well, an owner or operator shall conduct a baseline water quality test of each down-gradient surface water impoundment or water supply from a groundwater source used for domestic, agricultural, or industrial purposes within 1,000 feet of a deep horizontal wellhead pursuant to KRS 353.6602.

(1) The owner or operator shall submit a notarized Analysis of Groundwater Source within 1,000 Feet of Deep High-Volume Horizontal Fracturing Treatment, Form ED-40, identifying the:

(a) Well operator;

(b) Well name and number; Division of Oil and Gas permit number;

(d) Water source owner and permanent address;

(e) Distance water source from wellhead; and

(f) Dates of initial baseline and subsequent (after fracturing treatment and well completion) water analysis.

(2) Water well quality testing to establish baseline parameters shall be completed and submitted to the Division of Oil and Gas thirty (30) days prior to hydraulic fracturing pursuant to KRS 353.6602.

(3) Laboratory analysis shall be conducted by a certified laboratory pursuant to KRS 353.6602(2).

Section 10. Incorporation by Reference.

(1) "Analysis of Groundwater Source within 1,000 Feet of Deep High-Volume Horizontal Fracturing Treatment", Form ED-40, April 2015, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Division of Oil and Gas, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 61.874, 353.180, 353.510, 353.561 – 353.564, 353.590, 353.5901, 353.592, 353.651, 353.652, 353.6601 – 353.6606, 353.730, 353.737, Chapter 424
STATUTORY AUTHORITY: KRS 353.565
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.565 authorizes the Kentucky Oil and Gas Conservation Commission to promulgate administrative regulations necessary to prevent waste, protect correlative rights, govern the practice and procedure of the commission, and administer the provisions of KRS 353.651 and 353.652. KRS 353.565(5) and (7)(a) require the Kentucky Oil and Gas Conservation Commission to administer and enforce the provisions of KRS 353.651 and 353.652 by regulating the spacing of deep well drilling, drilling units, and pooling of interests. This administrative regulation establishes requirements related to drilling deep vertical and deep horizontal wells for the purpose of oil or gas extraction.
History: 1 Ky.R. 1403; 2 Ky.R. 155; eff. 8-13-1975; 41 Ky.R. 2355; 42 Ky.R. 46; 1180; eff. 9-3-2015, TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 3-31-2025.

805 KAR 1:110 Underground injection control {#sec-805-kar-1-110 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:110}

Section 1. Definitions. Terms defined by KRS 353.510 and this section shall apply to this administrative regulation.

(1) "Administrator" means the regional administrator for Region IV of U.S. EPA.

(2) "Aquifer" means an underground geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

(3) "Area of review" means that area within not less than a fixed radius of one-fourth (1/4) mile around an injection well, except that at the request of the permit applicant and approval of the director, the area of review may be deemed to be the zone of endangering influence calculated in accordance with 40 C.F.R. 146.6.

(4) "Casing" means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling in order to support the sides of the hole and prevent the walls from caving, to prevent loss of drilling mud or fluids into porous ground, or to prevent water, gas, or other fluid from entering or leaving the hole.

(5) "Cementing" means the operation in which a cement slurry is displaced around the casing's annulus.

(6) "Class II well" means a well that injects fluids:

(a) Brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production and could be commingled with waste waters from gas plants, which are an integral part of production operations, unless those waters are classified as a hazardous waste upon injection;

(b) For enhanced recovery of oil or natural gas;

(d) For storage of hydrocarbons that are liquid at standard temperature and pressure.

(7) "Commercially producible" means a well that could be used commercially for the production of oil and gas or for Class II injection.

(8) "Confining zone" means a geological formation, group of formations, or part of a formation that is capable of limiting fluid movement above an injection zone.

(9) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

(10) "Date of primacy" means the effective date of the Administrator's approval of Kentucky's Underground Injection Control (UIC) Program made pursuant to 42 U.S.C. 300h-4, Section 1425.

(11) "Division" means the Kentucky Division of Oil and Gas.

(12) "Endangerment" means that an injection operation could result in the presence of a contaminant in ground water, which supplies or could reasonably be expected to supply any public water system, and the presence of that contaminant, or any contaminant, could result in violation of any national primary drinking water regulation or could adversely affect the health of persons.

(13) "EPA" means the United States Environmental Protection Agency.

(14) "Flow rate" means the volume per time unit given to the flow of gases or other fluid substance that emerges from an orifice, pump, or turbine or passes along a conduit or channel.

(15) "Fluid" means any material or substance that flows or moves in a semisolid, liquid, sludge, gas, or other form or state.

(16) "Formation breakdown pressure" means indicated values from data recorded prior to and during squeeze cementing, acidizing, or hydraulic fracturing treatments performed by service companies. These breakdown pressure values are frequently reported as the surface gauge pressure that shall, through appropriate engineering calculations, be modified to reflect the pressure at which an exposed formation fractures and allows fluid to be injected into the formation.

(17) "Freshwater zone" means an underground source of drinking water.

(18) "Ground water" means water below the land surface in an aquifer's zone of saturation.

(19) "Injection well' means a well into which fluids are being injected.

(20) "Injection zone" means a geological formation, group of formations, or part of formation receiving fluids through a well.

(21) "Mechanical integrity" means a condition of injection wells that exists if there is not leakage in the well's casing, tubing, or packer and if there is not fluid movement into an underground source of drinking water through vertical channels adjacent to the well bore.

(22) "Owner or operator" means the company or person having secured a permit for:

(a) A new or converted well; or

(b) A rule authorized well in operation prior to the effective date or primacy, as defined by subsection (10) of this section.

(23) "Packer" means a device lowered into a well to produce a fluid–tight seal.

(24) "Plugging" means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a borehole or well penetrating that formation by the placement of cement plugs in the wellbore.

(25) "Project" means a group of wells in a single operation.

(26) "Public water system" means a system for the provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals.

(27) "Underground source of drinking water or "USDW" means an aquifer or its portion, which is not an exempted aquifer and that:

(a)

Supplies any public water system; or
Contains a sufficient quantity of groundwater to supply a public system; and

(b)

Currently supplies drinking water for human consumption; or
Contains less than 10,000 mg/l total dissolved solids.

(28) "Well" means a borehole drilled, or proposed to be drilled, for the purpose of:

(a) Producing natural gas or petroleum, or one through which natural gas or petroleum is being produced; or

(b) Injecting water, gas, or other fluid or one into which water, gas, or other fluid is being produced.

Section 2. General.

(1) A person shall not drill a Class II well without first obtaining a permit to drill pursuant to KRS 353.570(1) and (2).

(2) A person shall not inject fluids to the subsurface through a Class II well without the authorization of the division in the form of a permit issued pursuant to Section 11 of this administrative regulation.

(3) The owner or operator of a Class II well shall maintain financial responsibility and resources to close, plug, and abandon the underground injection operation pursuant to the requirements in Section 8 of this administrative regulation.

(4) The fee requirements for an application to drill a new Class II injection well pursuant to KRS 353.590(2)(a) and a fifty (50) dollar fee pursuant to KRS 353.590(2)(b) shall suffice for and be applicable to the permit to inject.

(5) The permit to operate any Class II well may be transferred to a successor only after notice is given to the division on the Well Transfer for UIC Wells, Form OG-26, and shall include at least:

(a) The original operator's company name and address;

(b) The successor's company name and address;

(d) The Carter Coordinate location;

(e) The farm name and well number;

(f) Signatures of the original operator and the successor or that of their official representatives; and

(g) A statement that the successor assumes all responsibility for the well and provides financial responsibility pursuant to Section 8 of this administrative regulation.

(6) A Class II well with an outstanding noncompliance shall not be transferred, unless the successor is willing to correct deficiencies and submit a corrective action plan approved by the division pursuant to subsection (11) of this section.

(7) A Class II well shall be plugged in the manner established in 805 KAR 1:060.

(8) An injection permit shall not be issued unless the applicant demonstrates that the Class II well shall not cause the endangerment of a USDW.

(9)

(a) If the casing and cementing of a Class II well is inadequate and movement of fluids cause the endangerment of a USDW, the division shall require the owner or operator of a well to take necessary corrective action.

(b) Corrective action shall be completed within ninety (90) days of notification from the division to the owner or operator.

(c) Injection shall not be authorized until the corrective action has been completed and mechanical integrity has been demonstrated.

(10)

(a) In administering and applying this administrative regulation, the division shall, as practicable, take into account the varying geologic, hydrological, and historical conditions in different areas within the state.

(b) The division may, if consistent with other provisions of this section, upon submittal of the Class II Well Permit Application for Underground Injection Control, Form OG-14 and after notice and hearing, grant a variance from any requirement established in subsection (8) of this section upon a demonstration that alternate prudent engineering practices shall protect a USDW.

(11) The division may modify, suspend, or revoke a Class II well permit if the injection operation is altered in a way that does not adequately protect the USDW or if a mechanical integrity failure or downhole condition compromises the injection system.

Section 3. Exempted Aquifers. An aquifer or a portion thereof that complies with the criteria established in this section for a USDW may be determined by the division to be an "exempted aquifer" if it:

(1) Does not currently serve as a source of drinking water; and

(2) Cannot now and shall not in the future serve as a source of drinking water because:

(a) It is mineral, hydrocarbon, or geothermal energy producing, or could be demonstrated to contain minerals or hydrocarbons that, considering their quantity and location, are expected to be commercially producible;

(b) It is situated at a depth or location that makes recovery of water for drinking water purposes economically or technologically impractical;

(c) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

(d) The total dissolved solids content of the groundwater is more than 3,000 mg/l, and less than 10,000 mg/l and it is not reasonably expected to supply a public water system.

Section 4. Requirements Applicable to Class II Well Permits. Authorization to inject fluids through a Class II well shall be conditioned upon compliance with the requirements established in subsections (1) through (5) of this section:

(1)

(a) The owner or operator shall promptly notify the director in writing of any modification in the manner in which the injection operation is conducted or of any mechanical failure or downhole problem encountered in the operation of the Class II well or upon recognition of a failure in an injection system.

(b) A well or wells that appear to be leaking shall be shut down immediately and correction procedures shall be initiated within fifteen (15) days, or the permit to inject may be revoked.

(c) The notice to the director shall describe all proposed modifications or corrective actions and shall be subject to the approval of the director based on the requirements of this administrative regulation.

(2) The owner or operator shall give the division upon presentation of credentials, access to Class II wells and related facilities for the purpose of conducting inspections, witnessing mechanical integrity tests, implementing corrective action operations and plugging procedures, and testing samples of injected fluids.

(3)

(a) The owner or operator shall regulate the injection pressure so that the pressure in the injection zone does not initiate new fractures or propagate existing fractures in the confining zone that would cause the movement of injected fluids into a USDW.

(b) The division may, if necessary to ensure compliance with this requirement, establish limitations on the wellhead pressure at which a Class II well shall be operated.

(c) Any limitation shall be included as a permit condition or through an order issued after notice and opportunity for hearing.

(4)

(a) The owner or operator shall provide for the mechanical integrity of the well by operating without leaks in the casing, tubing, or packer and without fluid movement into a USDW through vertical channels adjacent to the well bore.

(b) The owner or operator shall, upon request of the division, conduct tests of the mechanical integrity of the Class II well, utilizing a method approved by the division as required in Section 6 of this administrative regulation.

(c) Each Class II well shall be tested for mechanical integrity at least every five (5) years pursuant to Section 6(6) of this administrative regulation.

(d) An alternative mechanical integrity test authorized by the division in accordance with the requirements established in this administrative regulation shall be approved by the division.

(5)

(a) The owner or operator shall monitor and record injection pressures rates and volumes at least monthly and shall submit on a completed and notarized Annual Disposal or Injection Well Monitoring Report, Form OG-18 provided by the division, an annual report of the results of monitoring to the division.

(b) The owner or operator shall retain all of the records on file for a period of at least five (5) years.

(c) The owner or operator of hydrocarbon storage or enhanced recovery wells may monitor them by manifold monitoring on a field or project basis rather than on an individual well basis if the facilities consist of more than one (1) injection well, operated with a common manifold, and if the owner or operator demonstrates to the division that manifold monitoring is equivalent to individual well monitoring.

Section 5. Construction Requirements for Class II Wells.

(1)

(a) A class II injection well proposed to be constructed after the effective date of primacy shall be constructed in accordance with applicable provisions of KRS 353.570(1) and (2) and 805 KAR 1:020 in a manner that shall prevent injected fluids from escaping to a USDW.

(b) Existing Class II wells authorized by EPA shall be exempt from this requirement unless the division determines in accordance with the requirements of this administrative regulation that corrective action is necessary to prevent injected fluids from escaping into a USDW.

(c)

A freshwater string of casing shall extend at least fifty (50) feet below the freshwater depth stated on the permit or the base of the deepest fresh water, whichever is greater.
All freshwater casing strings shall have cement circulated to fill the annular space of the casing.
This casing shall be cemented to assure the circulation of the cement to the surface.
The long string of casing shall extend at least from the surface to immediately above the injection interval, and shall have a minimum of 300 feet of cement behind the lowermost 300 feet of casing.
If the fresh water is not protected by a separate string of casing, then the long string shall be cemented with circulation of cement back to surface.

(d) Tubing shall be installed in the casing with a packer set at a depth not to exceed fifty (50) feet above the injection zone.

(e) The owner or operator shall provide a detailed description of the casing plan on the Casing and Cementing Plan for UIC Wells, Form OG-25, and submitted with the Class II Well Permit Application for Underground Injection Control, Form OG-14 for permit to inject.

(f) The casing plan shall be approved by the director and shall include a listing of the casing size, type, grade, depth of each casing string, and the class and volume of the cement to be used.

(2)

(a) An active oil and gas well or an abandoned or plugged well reopened for the purpose of conversion to a Class II injection well shall satisfy the requirements for cementing of a Class II well.

(b) If perforation of existing casing is required to satisfy the cementing requirements during the conversion of the well to a Class II well, a tubing and packer shall be installed in the existing casing to the area immediately above the injection interval, not to exceed fifty (50) feet above the injection interval.

(3) A Class II disposal well shall be designed to ensure that disposal zones are hydraulically isolated from USDW.

(4) The owner or operator shall provide the division with all required geophysical logs and results of tests conducted during the drilling and completion of a Class II well that specifically relate to the USDW, the confining zone adjacent to it, and the injection and adjacent formations, and shall include a:

(a) Geophysical log marked to indicate all fresh water zones, the confining zone and the injection interval;

(b) Geologic description of the confining and injection zone that shall include the lithologic description, geologic name, and thickness; and

(c)

Report describing the nature of fluids and formation pressure in the injection zone.
This information shall be obtained from geophysical logs, physical examinations of samples and cores, and chemical analysis, and shall be prepared by a professional geologist registered by the state of Kentucky.
The owner or operator may substitute information from nearby wells if comparable to the injection well, and in the case of an area permit, if sufficient information is available from wells within the field to adequately describe the whole field.

Section 6. Mechanical Integrity Requirements for Class II Injection Wells.

(1)

(a) Operators shall demonstrate mechanical integrity of new and existing Class II injection wells.

(b) The owner or operator shall submit a plan to demonstrate mechanical integrity with the application for permit to inject.

(2) An injection well shall be determined to have mechanical integrity if:

(a) There are not leaks in the casing, tubing, or packer; and

(b) There is not fluid movement into an underground source of drinking water through vertical channels adjacent to the injection well bore.

(3) One (1) of the following methods shall be used to evaluate the absence of significant leaks as established in subsection (2)(a) of this section:

(a) Following an initial pressure test, performed with liquid or gas, monitoring of the tubing and casing annulus pressure with sufficient frequency to be representative, as determined by the division in accordance with subsection (5)(c) of this section, while maintaining an annulus pressure different from atmospheric pressure measured at the surface; or

(b) Records of monitoring demonstrating the absence of significant changes in the relationship between injection pressure and injection flow rate for the following Class II enhanced recovery wells:

Existing wells completed without a packer if a pressure test has been performed and the data is available and if more than one (1) pressure test shall be performed at a time when the well is shut down and if the running of the test does not cause further loss of significant amounts of oil or gas; or
Existing wells constructed without a long string casing but with surface casing, which terminates at the base of fresh water, if local geological and hydrological features allow this construction and provided further that the annular space shall be visually inspected. For these wells, the division shall establish a monitoring program, which shall verify the absence of significant fluid movement from the injection zone into an USDW.

(4) One (1) of the following methods shall be used to confirm the absence of fluid movement as established in subsection (2)(b) of this section:

(a) The results of a temperature log, noise log, or cement bond log;

(b) Cementing records demonstrating the presence of adequate cement to prevent a migration; or

(5)

(a) The mechanical integrity test shall be performed on the annulus of the tubing and casing.

(b) A minimum pressure of 300 psi shall be applied to the annulus of the tubing and casing.

(c) The well shall be considered to have mechanical integrity if, at the end of thirty (30) minutes, there is no more than a plus or minus of three (3) percent change of the test pressure on the gauge.

(d) A mechanical integrity test shall be witnessed by division field inspector, who shall determine if the mechanical integrity test was successful.

(e) The division may require higher test pressures to be used if the anticipated injection pressure will be high.

(f) In the event a mechanical integrity test failure occurs, the owner or operator shall initiate corrective measures within thirty (30) days of the initial failure and perform a follow-up test within thirty (30) days after the completion of corrective measures. If the corrective measures require removal of the packer from the wellbore, the owner or operator shall submit a completed and notarized Class II Well Re-Work Report, Form OG-4 documenting the work performed.

(g) The test results shall be filed on the Certification of Mechanical Integrity, Form OG-22.

(6)

(a) The owner or operator of a Class II well shall schedule at five (5) year intervals or less, a mechanical integrity test as established in subsection (5) of this section.

(b) The owner or operator shall certify the test results to the division in writing within fifteen (15) days of completion of the test.

(7)

(a) The owner or operator shall not perform a mechanical integrity test of a Class II well without giving written notice to the division on the Application for Class II Internal Mechanical Integrity Test, From OG-44 within fifteen (15) calendar days prior to the proposed test date.

(b) The division shall then notify the owner or operator of the earliest possible date available to test the well.

Section 7. Area of Review for Class II Wells. The owner or operator shall supply the following information if applying for a permit to inject pursuant to Section 11 of this administrative regulation:

(1) A description of the area of review, which shall be determined by:

(a) A fixed radius of one-fourth (1/4) mile around the injection well, or one-fourth (1/4) mile around the permit area boundary; or

(b) The zone of endangering influence calculated in accordance with 40 C.F.R. 146.6 for an area of review less than one-fourth (1/4) mile;

(2) A map showing the following information within the area of review:

(a) Existing producing wells, injection wells, abandoned wells, dry holes, and water wells;

(b) Surface and subsurface mines, quarries, and other pertinent surface features including residences, roads, and faults; and

(c) The distribution manifold applying injection fluid to all wells in the area of review including all system monitoring points, for those injection wells, if operating from a common manifold;

(3) The following data for wells within the area of review:

(a) A tabulation of data, reasonably available from public records or otherwise known to the applicant, including a description of well type, construction, date drilled, location, depth, record of plugging or completion, and applicable additional information; and

(b) The record of completion and plugging for each well that penetrates the injection zone, and any other wells within the area of review wells that would be affected by any proposed increase in pressure if the injection well is to be operated over the fracture pressure of the injection formation; and

(4)

(a) For wells in the area of review that are improperly sealed, completed, or abandoned, a corrective action plan that consists of steps or modifications as necessary to prevent movement of fluid into underground sources of drinking water.

(b) The division shall consider the following criteria and factors during evaluation of the corrective action plan:

Nature and volume of injected fluids;
Nature of native fluids or by-products of injection;
Potentially affected population;
Geology;
Hydrology;
History of injection operations;
Completion and plugging records;
Plugging procedures upon abandonment; and
Hydraulic connections with underground sources of drinking water.

Section 8. Financial Responsibility.

(1) The owner or operator of a Class II well shall demonstrate financial responsibility to plug and abandon a well based on projected plugging cost estimates on the Class II Plugging and Abandonment Plan, Form OG-41. The form shall be reviewed for completeness and adequacy to protect the USDW.

(a) Financial responsibility of existing Class II wells prior to the date of primacy shall be submitted to the division pursuant to Section 9 of this administrative regulation.

(b) The owner or operator of a Class II well authorized by a permit to inject pursuant to this administrative regulation shall, upon application, demonstrate financial responsibility and submit the plugging abandonment plan in accordance with 805 KAR 1:060.

(2)

(a) If the division issues a letter of violation, forfeits the individual bond, and subsequently plugs the well, the owner or operator shall be responsible for any additional costs expended by the division for plugging the well that exceeds the bond amount.

(b) These costs, if not paid, shall be recovered by civil suit pursuant to KRS 353.180(3).

(c) In addition to the recovery of costs, the owner or operator shall be subject to penalties as established in KRS 353.992.

Section 9. Transitional Requirements for Owner or Operators of Class II Wells.

(1)

(a) The division shall accept a Class II well permit, including rule authorized wells, issued under the authority of the EPA administered program. Rule authorized wells shall be deemed permitted by the division, if the owner or operator satisfies the requirements this section.

(b) The division shall:

Accept records from EPA of all authorized wells; and
Create an inventory of approved existing wells.

(c) The financial responsibility demonstration required in Section 8 of this administrative regulation and the submission of the plugging and abandonment plan in Section 10 of this administrative regulation shall be completed within ninety (90) days following the effective date of primacy.

(d) If the existing bond posted with EPA complies with the requirements of Section 8 of this administrative regulation and is transferable to the division, the transfer of the bond shall be accepted by the division.

(2)

(a) The owner or operator of a Class II well having a mechanical integrity test approved by EPA shall remain on the same schedule of mechanical integrity tests upon the effective date of primacy.

(b) A copy of all documents showing approval by EPA of the well's mechanical integrity and a copy of all forms, test data, and logs required by and submitted to EPA shall be submitted to the division within ninety (90) days of the effective date of primacy.

(3) The owner or operator with a pending application submitted for Class II wells under the EPA program may transfer a pending application to the division and shall satisfy the permitting requirements in Section 11 of this administrative regulation upon the effective date of primacy.

Section 10. Plugging and Abandonment of Class II Wells.

(1) A Class II well shall be plugged in accordance with 805 KAR 1:060.

(2) The owner or operator shall provide a detailed description of the proposed plugging procedure and costs on the Class II Plugging and Abandonment Plan, Form OG-41, and submitted for approval with a completed and notarized Class II Well Permit Application for Underground Injection Control, Form OG-14 for permit to inject.

(3) The owner or operator shall notify the division in writing thirty (30) days prior to plugging and shall schedule with the division inspector a time and date for performing the plugging procedure.

(4) The inspector shall schedule the earliest date available.

(5) Upon completion of the plugging, the owner or operator shall file a plugging affidavit on Affidavit to Time and Manner of Plugging and Filling Well, Form OG-38, incorporated by reference in 805 KAR 1:060.

(6) After cessation of operations of two (2) years, the owner or operator shall plug and abandon the well in accordance with the plan, unless a notice is sent to the division describing actions or procedures that the owner or operator shall take to ensure that the well shall not cause the endangerment of a USDW during the period of temporary abandonment. These actions and procedures shall include compliance with the technical requirements applicable to active injection wells.

Section 11. Requirements for a Permit to Inject into a Class II Well. All persons seeking a permit to inject into a Class II well shall, after the effective date of primacy, comply with the requirements of this section.

(1) A person shall not inject fluids into the subsurface through a Class II well without obtaining a permit to inject.

(2) An application for a permit to inject shall be submitted on a notarized Class II Plugging and Abandonment Plan, Form OG-14, and shall include:

(a) A statement by the owner or operator as to whether the well will be used for enhanced recovery, hydrocarbon storage, or for disposal purposes;

(b) The approximate depth of the deepest known freshwater zone;

(d) An area of review map prepared on a 7.5 minute quadrangle topographic map and including:

The location of all known freshwater wells;
The location and completion or plugging record of all wells, whether producing or plugged;
The location of hazardous waste treatment or disposal facilities;
The location of rivers or streams;
The location of quarries and surface and subsurface mines;
The location of faults; and
The location of permanent residences;

(e) A schematic diagram of the well showing the:

Total depth of the plugback of the well;
Depth of the injection or disposal interval;
Geological name of the injection or disposal zone;
Geological name, thickness, and description of the confining zone;
Vertical distance separating the uppermost extremity of the injection zone from the base of the lowest USDW;
Depth of the top and the bottom of the casing and the cement;
Size of the casing and tubing and the depth of the packer; and
Depth to the base of the lowermost underground source of drinking water;

(f) For the conversion of an existing well, a copy of the completion report and any available geophysical log of the well;

(g) Proposed operating data, including:

The geological name, depth, and location of the source of the injection fluid;
A standard laboratory analysis of a representative sample of the fluid to be injected in accordance with the proposed Class II permit, with the following parameters, as established in 40 C.F.R. 136.3 and 40 C.F.R. Part 261 Appendix III:

a. Barium if sulfate is less than 500 mg/l;

b. Calcium;

c. Total Iron;

d. Magnesium;

e. Sodium;

f. Bicarbonate;

g. pH;

h. Specific Gravity;

i. Carbon Dioxide;

j. Total Dissolved Solids; and

k. Hydrogen Sulfide if H2S odor is detected;

A material safety data sheet for inhibitors if added to the injection fluid for control of scaling, corrosion, or bacterial growth;

a. The nature of the annulus fluid to be used in the annulus between the tubing and casing.

b. This description shall include the type of fluid to be used and the corrosivity of the annulus fluid.

c. The amount of inhibitor to be added shall be listed; and

The proposed maximum injection rate and pressure. The owner or operator shall limit injection pressure to either a value:

a. That does not exceed a maximum injection pressure at the wellhead calculated to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to an underground source of drinking water and shall not cause the movement or injection of fluids into an underground source of drinking water; or

b. For wellhead pressure calculated by using the following formula: Pmax = (0.733 psi/ft - (.433 psi/ft (Sg)))d, Where: Pmax = Maximum injection pressure (psia) at the wellhead; Sg = Specific gravity of the injected fluid; and d = Depth to the top of the injection zone in feet;

c. Alternate maximum injection pressures calculations may be utilized using instantaneous shut-in pressures recorded after stimulation treatments in adjacent wells in the same formation as the proposed injection zone;

(h) The location and description of each underground source of drinking water through which the well would penetrate;

(i) A description of the current or proposed casing program on the Casing and Cementing Plan for UIC Wells, Form OG-25, including the:

Casing size, weight, and type;
Cement volume and type; and
Packer type;

(j) A description of all proposed stimulation programs;

(k) A description of proposed plans to cope with all shut-ins or well failures, so as to prevent migration of fluids into any underground source of drinking water;

(l) If a manifold monitoring program is utilized, a description of the program and a demonstration equivalence to individual well monitoring;

(m) A corrective action plan, which shall be submitted for all wells within the area of review as required in Section 7(4) of this administrative regulation;

(n) A demonstration of financial responsibility as required in Section 8(2) of this administrative regulation and a plugging and abandonment plan as required in Section 10 of this administrative regulation; and

(o) The plan by the owner or operator of mechanical integrity. Each well shall be tested for mechanical integrity using the method as established in Section 6(5) of this administrative regulation.

(3) An application for permit shall be signed by the owner or operator of the injection well, including corporate officers, general partners, sole proprietors, or other persons authorized to execute documents on behalf of the applicant.

(4) With respect to an application, a Class II Well Permit Application for Underground Injection Control, Form OG-14, for a Class II well, an applicant shall personally or by certified mail submit a written notification describing the proposed well to each of the following persons, if the described property is located within one-quarter (1/4) mile of the proposed well:

(a) The owner or operator of each well for oil and gas purposes, including a well having temporary abandonment status as established in this administrative regulation or not yet in production;

(b) The permittee of an underground mine permitted under KRS Chapter 350; and

(5)

(a)

The notification required pursuant to this subsection shall state that a person who wishes to object to issuance of the permit shall, within thirty (30) days of receipt of the notification, submit written comments or request a hearing.
The notification shall include the address to which written comments or the hearing request shall be forwarded and where additional information may be obtained.

(b)

In addition to the notification required pursuant to this subsection, the applicant shall cause a notice of a permit application to be placed in a newspaper of general circulation in the county where the proposed well is located.
Individual and publication notices shall include:

a. The name and address of the applicant;

b. The location of the proposed well;

c. The geological name and depth of the injection zone;

d. The maximum injection pressure; and

e. The maximum rate of barrels each day.

The notice shall state that a person who wishes to object to issuance of the permit may, within thirty (30) days of publication of the notification, submit written comments or request a hearing.
The notification shall include the address to which the written comments or hearing requests shall be forwarded, how a person may receive written notice of the proceedings, and where additional information concerning the proposed permit may be obtained.
Proof of service of the notification required in this subsection shall be delivered to the division before a permit for a Class II well shall be issued.

(6)

(a) The owner or operator shall verbally notify field inspectors at least five (5) days before all mechanical integrity tests are performed.

(b) A written notice shall be given to the division at least fifteen (15) days before the tests are performed as established in Section 6(7) of this administrative regulation.

(7)

(a) The permit to inject into a Class II injection well shall remain valid for the life of the well or project.

(b) The permit may be terminated if the well or project is in violation of this administrative regulation and applicable provisions of KRS Chapter 353.

Section 12. Completion and Monitoring Reports.

(1) The owner or operator shall upon completion of construction of a Class II well, file with the division a completed and notarized Certificate of Completion for an Injection Well, Form OG-23, within ninety (90) days of final construction.

(2)

(a) The owner or operator shall file an annual report of monthly monitoring of injection fluid volumes, injection pressure, and casing annulus pressure on Annual Disposal or Injection Well Monitoring Report, Form OG-18, on the twenty-eighth day of January for the previous twelve (12) months.

(b) The owner or operator shall retain all records on file for a period of at least five (5) years.

(c) The owner or operator of a liquid hydrocarbon storage or enhanced recovery well may monitor them by manifold monitoring on a field or project basis rather than on an individual well basis if the facilities:

Consist of more than one (1) injection well;
Operate with a common manifold; and
If the owner or operator demonstrates to the director that manifold monitoring is equivalent to individual monitoring.

(3) The owner or operator of a Class II injection well shall notify the director in writing within thirty (30) days of the termination of operations at which time the permit to inject shall expire.

Section 13. Workover of Class II Wells.

(1) The owner or operator shall notify the division within ninety (90) days of a well workover, logging, or testing that could reveal downhole conditions.

(2) The owner or operator shall submit a Well Rework Report, Form OG-4, documenting the activity within thirty (30) days following the completion of the rework.

(3) If the packer unseats during the workover, a mechanical integrity test shall be conducted as established in Section 6 of this administrative regulation.

(4) Injection shall not be allowed until an approved mechanical integrity test has been performed.

Section 14. Procedures for Public Participation in Enforcement Actions. Upon receiving a complaint from the public, interested parties or others, the division shall:

(1) Investigate and provide written response to all citizen complaints submitted regarding any concerns for the endangerment of an underground source of drinking water;

(2) Not oppose intervention by any citizen if permissive intervention is authorized pursuant to KRS 353.180(3); and

(3) Publish notice of and provide at least thirty (30) days for public comment on any proposed settlement of a division enforcement action beyond the forfeiture of a bond for a Class II well.

Section 15. Confidentiality of Information.

(1) Information submitted to the division pursuant to this administrative regulation may be claimed as confidential by the submitter. A claim of confidentiality shall be asserted upon submission in the manner on the application form or instructions. Other submissions shall be stamped with the words "confidential business information" on each page containing confidential information. If a claim is not made at the time of submission, the division may make the information available to the public without further notice.

(2) Claims of confidentiality shall not apply to:

(a) The name and address of any permit applicant or permittee;

(b) Information regarding the existence, absence, or level of contaminants in drinking water; and

Section 16. Penalties. An owner or operator in violation of the requirements of this administrative regulation shall be subject to the penalties established in KRS 353.992.

Section 17. Primacy. The provisions of this administrative regulation shall become effective upon the date of primacy, on or after which a Class II well shall be subject to the requirements of this administrative regulation and shall be exempt from 805 KAR 1:020, Sections 4, 5, and 6.

Section 18. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Class II Well Rework Report," Form OG-4, June 2019;

(b) "Class II Well Permit Application for Underground Injection Control," Form OG-14, June 2019;

(d) "Certification of Mechanical Integrity," Form OG-22, June 2019;

(e) "Certificate of Completion for an Injection Well," Form OG-23, June 2019;

(f) "Casing and Cementing Plan for UIC Wells," Form OG-25, June 2019;

(g) "Well Transfer for UIC Wells," Form OG-26, June 2019

(h) "Class II Plugging and Abandonment Plan", Form OG-41, June 2019; and

(i) "Application for Class II Internal Mechanical Integrity Test, Form OG-44, June 2019.

(2) These forms may be inspected, copied, and obtained, subject to applicable copyright law, at the Division of Oil and Gas, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., Eastern Prevailing Time.

History

RELATES TO: KRS 353.180(3), 353.510, 353.520, 353.550, 353.570(1), (2), 353.590, 353.992, 40 C.F.R. 146.6, 42 U.S.C. 300j-6
STATUTORY AUTHORITY: KRS 353.540, 353.550, 353.560, 353.592
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the Department for Natural Resources to administer and enforce the provisions of KRS 353.500 through 353.720. KRS 353.520 prohibits the waste of oil and gas; the unreasonable damage to underground fresh or mineral water supply, workable coal seams, or other mineral deposits in the operations for the discovery, development, production, or handling of oil and gas; the unnecessary or excessive surface loss or destruction of oil or gas or their constituents; and the drowning with water of any stratum or part thereof capable of providing oil or gas in paying quantities, except for secondary recovery or disposal purposes or in hydraulic fracturing or other completion practices. KRS 353.592 authorizes the department to develop a regulatory program for the purpose of accepting primary responsibility for the administration of the Underground Injection Control Program. This administrative regulation establishes requirements for the drilling, casing, operation, plugging, construction, conversion, and maintenance of Class II wells and the protection of fresh water zones from contamination associated with the production of oil and gas.
History: 10 Ky.R. 1109; 11 Ky.R. 406; eff. 9-1-1984; 34 Ky.R. 1212; 1989; eff. 4-4-2008; TAm eff. 8-9-2007, TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 674, 1500, 2058; eff. 2-3-2020.

805 KAR 1:120 Operating or deepening existing wells and drilling deeper than the permitted depth {#sec-805-kar-1-120 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:120}

Section 1. New Permit Required. The applicant shall obtain a permit, in accordance with 805 KAR 1:010, to operate any well previously in violation of KRS Chapter 349 or 353, 805 KAR Chapter 1 or 9, and whose bond the division has forfeited for noncompliance. Before a new permit is granted the applicant shall comply with:

(1) 805 KAR Chapter 1 for all wells; and

(2) KRS Chapter 353 for oil and gas wells; or

(3) KRS Chapter 349 for coalbed methane wells.

Section 2. New Permit Not Required. An operator may operate an existing well if the operator submits a completed and notarized Well Transfer, Form OG-13, incorporated by reference in 805 KAR 1:170 and bonding as required in KRS 353.590(7) and 349.120 if either of the conditions in paragraphs (a) and (b) of this subsection apply.

(1) The well is producing or capable of producing, not abandoned, and not in violation of KRS Chapter 353 or 349 or 805 KAR Chapter 1; or

(2) The well has been abandoned by the previous operator, but the current operator's sole intent is to reenter the well for the purpose of properly plugging and abandoning it.

Section 3. New Permit Required for Deepening. The operator:

(1) Shall obtain a new permit, in accordance with 805 KAR 1:010, prior to deepening any well if:

(a) The original permit is more than one (1) year old; or

(b) The original well was drilled prior to the permitting requirements of the department; and

(2) Shall not drill until the permit is issued.

Section 4.

(1) New Permit Not Required for Deepening. The permitted operator may deepen an existing well if the permit is not more than one (1) year old and if the well has not been drilled past the permitted and bonded depth.

(2) For coalbed methane wells, an operator shall not drill deeper than the permitted depth if the drilling causes the well to be in noncompliance with the well spacing standards established in KRS 349.075 or the notice requirements established in KRS 349.015.

Section 5. Drilling Deeper Than the Permitted Depth. An operator may drill deeper than the permitted depth of the well if the operator brings the permit into compliance within the time and conditions established in subsections (1) through (4) of this section.

(1) The operator shall notify division personnel that the operator has drilled deeper than the permitted depth the next department work day.

(2) The operator shall, within ten (10) days of drilling deeper than the permitted depth, amend the permit to the depth to which it was drilled drilled.

(3) The operator shall, within ten (10) days of drilling deeper than the permitted depth, submit additional bonding required to comply with KRS 353.590(7) and 349.120.

(4) The operator shall not drill deeper than the permitted depth if the drilling causes the well to be in noncompliance with the well spacing standards established in KRS 353.610 or 349.075.

Section 6. A directional or horizontal well or a deep well shall not be deepened without submitting to the director a revised plat and permit application prior approval of the director or a permit therefor being issued.

Section 7. Operator Noncompliance. An operator noncompliant with the requirements of this administrative regulation shall be subject to penalties pursuant to KRS 353.991 for oil and gas wells and KRS 349.155 for coalbed methane wells.

History

RELATES TO: KRS 353.520
STATUTORY AUTHORITY: KRS 349.015, 353.540, 353.550, 353.560, 353.570, 353.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 and 349.015 requires the Department for Natural Resources to regulate the drilling and operation of all wells, while KRS 353.590 and 349.015 require the department to regulate the drilling of a well past the permitted depth. This administrative regulation establishes the requirements to operate a well and drill a well deeper than the permitted depth.
History: 18 Ky.R. 233; 1021; eff. 9-25-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; 46 Ky.R. 681, 2064; eff. 2-3-02020.

805 KAR 1:130 Casing, cementing, plugging, gas detection, and blow-out prevention in oil and gas wells {#sec-805-kar-1-130 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:130}

Section 1. Definitions.

(1) "Annulus" means the space between two (2) strings of casing or between a string of casing and the bore hole wall.

(2) "Blow-out preventer" or "BOP" means a device installed on the surface casing, which is the first and largest diameter casing installed in a well with the primary use to make the bore hole stand up and to protect a fresh water zone layer of strata capable of producing or receiving fluids, or installed on the intermediate casing, which is one (1) or more strings of pipes installed in a well in addition to the surface casing in which each string is smaller in diameter than the previous. The device is used to prevent the escape of pressure either in the annulus between casing and drill pipe or in the open hole without drill pipe and that is used during drilling operations.

(3) "Casing" or "casing string" means steel tubes or pipes installed in a well.

(4) "Cement" means hydraulic cement mixed with water or with additives and that is used to fill the annulus of casing string or to plug the well.

(5) "Deep well" is defined by KRS 353.510(16).

(6) "KYEM" means the state Kentucky Emergency Management office under authority of the Department of Military Affairs in Frankfort, Kentucky, with regional offices throughout the Commonwealth.

(7) "Long casing string" means the last casing installed in a well to be used for production or injection purposes.

(8) "Shallow well" is defined by KRS 353.510(15).

Section 2. If an Application for Permit, ED-1, incorporated by reference in 805 KAR 1:140, for a shallow well proposed to be drilled to a depth of less than 4,000 feet or above the base of the lowest member of the Devonian Brown Shale is submitted to the department, the application shall comply with all requirements of 805 KAR 1:020 and shall be exempt from Sections 3 and 4 of this administrative regulation.

Section 3.

(1) If an Application for Permit, ED-1, incorporated by reference in 805 KAR 1:140, for a well permit proposed to be drilled below a depth of 4,000 feet or the base of the lowest member of the Devonian Brown Shale, whichever is deeper, is submitted to the department, the operator shall prepare and submit with the permit application a detailed drilling and casing plan on Casing and Cementing Plan, Form ED-7, incorporated by reference in 805 KAR 1:140, for the review by and approval or denial of the department pursuant to this administrative regulation.

(2)

(a) This plan shall include a drafted schematic showing the hole size and depth of each casing string.

The freshwater string shall be set at least thirty (30) feet below the depth in the approved permit.
If fresh water is encountered during drilling operations deeper than the depth in the approved permit, the freshwater casing shall be set at least thirty (30) feet below the actual freshwater depth.
A freshwater casing string shall be set and cement circulated to the surface before drilling commences.

(b) The plan shall also include a description of the type, size, and grade of casing to be used and the manner in which the annulus of the casing string and well bore shall be cemented to protect all fresh water, coal, mineral, and oil and gas producing formation in the area proposed for drilling. The volume, class, additives, and weight of the cement to be used shall also be described.

(3) If an open hole packer assembly is included on the long casing string, the number of packers shall be included on the plan.

(4) If drilling fluid is used, it shall comply with 805 KAR 1:020, Section 2(1)(c).

Section 4.

(1) The operator shall install a blow-out prevention device capable of:

(a) Closing the top of the well;

(b) Controlling the release of fluids;

(d) Allowing movement of the inner string of drill pipe.

(2)

(a) The device shall be installed on a shallow well drilled below 4,000 feet or the base of the lowest member of the Devonian Brown Shale, whichever is deeper, capable of withstanding a working pressure of 1,500 psi and a test pressure of 3,000 psi.

(b) The device shall be installed on a deep well and have a minimum working pressure of 3,500 psi and a test pressure of 5,000 psi.

A description of this device and its installation shall be included with the drilling and casing plan required in Section 3 of this administrative regulation.

a. A test shall be performed to ensure the BOP shall operate at its rated capacity:

(i) When the device is initially installed;

(ii) Thirty (30) days after the initial installation;

(iii) When the operator opens or removes the BOP; and

(iv) At the request of the cabinet.

b. The results of the test shall be kept at the well site and made available to cabinet personnel upon request.

Section 5. The director shall only waive the requirements for a BOP established in Section 4 of this administrative regulation for a shallow well if the operator submits a written request for the waiver that includes:

(1) The geologic formations to be drilled through;

(2) A history of drilling in the vicinity of the proposed well with pressure measurements that show gas pressures were not encountered at levels to require the BOP equipment; and

(3) The maximum anticipated gas pressure in the proposed well.

Section 6.

(1) The operator shall obtain written instructions from the department prior to plugging the well and the department shall approve or deny the commencement of plugging operations.

(2) Upon the department's request, the operator shall submit:

(a) A well log;

(b) Completion report; and

Section 7.

(1) The department shall be notified verbally within forty-eight (48) hours of any mechanical failure or other deficiency that may jeopardize the plugging operation or mechanical integrity of the well encountered while conducting any operation or production of a deep well.

(2)

(a) KYEM or the department shall be immediately notified if there are any well failures or blow-outs that pose the likelihood of imminent environmental damage or danger to the public.

(b) The operator shall correct deficiencies, such as those established in this section, with due diligence.

Section 8. An operator in noncompliance with the requirements of this administrative regulation shall be subject to penalties pursuant to KRS 353.991.

History

RELATES TO: KRS 353.180, 353.510, 353.520, 353.561 – 353.564, 353.590, 353.5901, 353.592, 353.651, 353.652, 353.6601 – 353.6606, 353.730, 353.737, 353.991
STATUTORY AUTHORITY: KRS 353.540, 353.550, 353.560
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550 requires the Department for Natural Resources to regulate the drilling and casing of oil or gas wells. This administrative regulation establishes the requirements for the drilling and casing of wells for the purpose of oil or gas extraction.
History: 18 Ky.R. 234; 1022; eff. 9-25-1991; TAm eff. 8-9-2007; 41 Ky.R. 2361; eff. 9-4-2015; Crt eff. 6-27-2018; Crt eff. 3-31-2025.

805 KAR 1:140 Directional and horizontal wells {#sec-805-kar-1-140 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:140}

Section 1. Information Submittal.

(1) Prior to drilling a directional or horizontal well, the operator shall submit:

(a)

A completed Application for Permit, Form OG-1, incorporated by reference in 805 KAR 1:010 for oil or gas well; and
A cover letter from the operator making a request for drilling the horizontal or directional well;

(b) Three (3) copies of a location plat in compliance with 805 KAR 1:030 (plan view), in addition to:

The surface location and proposed target formation with respective Carter Coordinates;
The proposed path of the wellbore; and
The identification of the intersection length of the proposed well and the proposed producing formation. To avoid any conflicts with the spacing requirements, a dashed line shall be drawn around the intersection length in feet with regard to the spacing requirements in:

a. KRS 353.610 for an oil or gas well;

b. KRS 349.075 for a coal bed methane well; or

c. 805 KAR 1:100 and KRS 353.651 and 353.652 for deep wells;

(d) An application fee pursuant to the requirements in 805 KAR 1:010.

(2)

(a) In addition to the plan view required in this section, the operator shall submit three (3) copies of a plat that shows a vertical cross-section view of the area to be drilled by the well.

(b) This cross-section shall be prepared from the proposed "predrill hole" directional survey compiled by the contractor responsible for the directional drilling of the proposed wellbore.

(c) The cross-section shall include the area from the well site to the target made through the proposed course of the well.

(d) The surface location shall be designated as zero in reference to the depth and the lateral distance from the well site and true vertical depths shall be shown for:

The kick-off point or selected depth at which the deviation is started;
The known coal seams to be intersected;
The producing interval;
The proposed producing formation; and
The proposed target.

(3) Upon permit issuance, the operator shall provide verbal or written notice to the department field inspector at least forty-eight (48) hours in advance of the commencement of drilling operations.

(4) Once the well has been drilled and completed, the following shall be submitted within thirty (30) days from the date of completion:

(a) Three (3) copies of an amended plan view of the well location plat as established in subsection (1)(b)1. through 3. of this section, with the actual course drilled, the kick-off point, and the actual target superimposed on the proposed well location plat. A correction in the target Carter Coordinates, if necessary, shall then be issued by the department;

(b) Three (3) copies of the side or cross-sectional view plat as established in subsection (2)(d)1. through 5. of this section, amended for the actual path of the wellbore, showing the actual formation, coal seams, target formations, and kick-off point; and

(c) Copies of all directional surveys certified by the operator and the contractor responsible for the directional survey.

This survey shall be submitted for the entire well bore, and the operator shall be able to identify the path or depth of the well bore at any given time during and after the drilling of the directional or horizontal well.
The survey points shall be made at a maximum of 200 foot intervals or at any intervals more frequent.

(5) The operator shall comply with spacing requirements for offset mineral boundary lines and between wells for the actual drilled path of the wellbore and its end point and the intersection of the wellbore and the producing formations in accordance with:

(a) KRS 353.610 for oil or gas wells;

(b) KRS 349.075 for coalbed methane wells; or

(6) A coal operator or owner affected by the drilling of a directional or a horizontal well shall be provided a copy of the predrill plat and cross-section plat established in subsections (1)(b) and (2)(b) of this section as required by KRS 353.050 and 353.060 for oil and gas wells or KRS 349.015 for coalbed methane wells. Within ten (10) days after the well is drilled, the operator shall submit to the coal operator or owner the revised plats and deviation survey log as established in subsection (4) of this section.

(7) The requirements for a deep directional or horizontal well shall comply with those requirements established in 805 KAR 1:100 and KRS 353.651 and 353.652 regarding the application process and spacing units. Prior to the deep directional or horizontal well being drilled, a hearing shall be held pursuant to KRS Chapter 13B and 805 KAR 1:100 before the Kentucky Oil and Gas Conservation Commission.

Section 2. If an application for a directional or horizontal permit is submitted to the department, the operator shall prepare a detailed drilling and casing plan on Casing and Cementing Plan, Form OG-7, for the review by and the approval or denial of the department. The items requested in 805 KAR 1:130, Section 3(1), (2), and (3) shall be submitted with this plan.

Section 3. The operator shall install a blow-out preventer with a minimum working pressure of 1,500 psi and a test pressure of 3,000 psi or a minimum working pressure greater than the maximum anticipated surface pressure, whichever is greater.

(1) A description of this device and its installation shall be included with the drilling and casing plan as established in Section 2 of this administrative regulation.

(2) This BOP equipment shall be tested at intervals necessary to maintain its ability to operate at rated capacity. The results of these tests shall be kept at the drill site and made available to department personnel upon request.

Section 4. The requirements of 805 KAR 1:130, Sections 5, 6, and 7 shall also apply to this administrative regulation.

Section 5. An operator noncompliant with the requirements of this administrative regulation shall be subject to penalties pursuant to KRS 353.991 for oil and gas wells or KRS 349.155 for coalbed methane wells.

Section 6. Incorporation by Reference.

(1) "Casing and Cementing Plan", OG-7, June 2019, is incorporated by reference.

History

RELATES TO: KRS 349.015, 349.035, 349.040(3), 349.075, 349.120, 349.155, 353.050, 353.060, 353.180, 353.510, 353.520, 353.561 – 353.564, 353.590, 353.5901, 353.592, 353.610, 353.651, 353.652, 353.6601 – 353.6606, 353.730, 353.737, 353.991, Chapter 424
STATUTORY AUTHORITY: KRS 349.115, 353.540, 353.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the department to promulgate administrative regulations to administer KRS 353.500 through 353.720. KRS 353.550 authorizes the department to regulate the drilling and casing of all wells and filing of all downhole surveys. KRS 349.110 authorizes the department to exercise supervision over the drilling, casing, plugging, and filling of all coalbed methane wells. This administrative regulation establishes the requirements for permitting directional and horizontal wells for the purpose of oil, gas, or coalbed methane extraction.
History: 18 Ky.R. 236; 1023; eff. 9-25-1991; TAm eff. 8-9-2007; 36 Ky.R. 190; 787; eff. 10-23-2009; eff. 9-4-2015, TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 6982, 1506, 2065; eff. 2-3-2020; TAm eff. 4-2-2021.

805 KAR 1:160 Posting of an identification sign and a danger sign on a crude oil tank battery site {#sec-805-kar-1-160 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:160}

Section 1. Tank Battery Identification Signs.

(1) An operator shall display a printed identification sign on tank battery facilities. The sign shall include the information in paragraphs (a) through (e) of this subsection.

(a) Tank battery operator (Company name).

(b) Lease name as identified by the tank battery operator.

(d) Emergency twenty-four (24) hour phone number for the tank battery operator.

(e) Department for Environmental Protection Environmental Response Team Hotline twenty-four (24) hour phone number.

(2) The identification sign shall meet the size requirements in paragraphs (a) through (c) of this subsection.

(a) The sign shall not be less than seventeen (17) inches in height.

(b) The sign shall not be less than twenty-eight (28) inches in width.

(3) If ownership of a tank battery is transferred, the new operator shall revise or replace the sign to reflect the change of tank battery ownership within sixty (60) days from the date of associated well transfer with the Division.

Section 2.

(1) An operator shall display a printed sign on each tank battery, whether it is in active production or has been abandoned.

(2) Each sign shall contain the following words and phrases:

(a) "Danger";

(b) "No smoking or open flame";

(d) "May cause flash fire";

(e) "No trespassing"; and

(f) "Petroleum crude oil".

(3) Symbol. A no smoking symbol with a cigarette crossed through shall be displayed on each side of the words "no smoking or open flame".

Section 3.

(1) The tank battery sign shall use the numbering system described in NFPA 704 "Standard System for the Identification of the Hazards of Materials for Emergency Response," which provides a classification and marking system for identification of a fire hazard.

(2) A facility used for the storage of oil shall have a "health hazards" ranking of "1" identified by:

(a) A black "1" at the nine (9) o'clock position in a blue square located in a square-on-point field; or

(b) A blue "1" at the nine (9) o'clock position without the colored square.

(3) A facility used for the storage of oil shall have a "flammability hazards" ranking of "3" identified by:

(a) A black "3" at the twelve (12) o'clock position in a red square located in a square-on-point field; or

(b) A red "3" at the twelve (12) o'clock position without the colored square.

(4) A facility used for the storage of oil shall have a "reactivity hazards" ranking of "0" identified by:

(a) A black "0" at the three (3) o'clock position in a yellow square located in a square-on-point field; or

(b) A yellow "0" at the three (3) o'clock position without the colored square.

Section 4. Dimensions and Coloration of the Tank Battery Sign.

(1) A sign shall not be smaller than:

(a) Seventeen (17) inches in height; and

(b) Twenty-eight (28) inches in width.

(2) The letter size for the required wording shall be as follows:

(a) The word "danger" shall:

Be in uniformly sized letters; and
Not be less than three (3) inches in height;

(b) The words "no smoking or open flame" shall:

Be in uniformly sized letters; and
Not be less than one (1) inch in height; and

Be in uniformly sized letters; and
Not be less than one-half (1/2) inch in height.

(3) The "no smoking" symbol with a cigarette crossed through shall not be less than one and one-half (1 1/2) inches in height.

(4) The NFPA numbers shall not be less than one-half (1/2) inch in height.

(5) The background color of the sign shall contrast with the foreground color of the letters and the NFPA numbers to make them clearly visible (e.g., white background with black letters).

Section 5.

(1) There shall be one (1) identification sign and one (1) danger sign per:

(a) Tank battery; or

(b) Tank, if the individual tanks in a battery are controlled by more than one (1) operator.

(2) These tank battery signs shall be:

(a) Displayed at:

Least five (5) feet from the ground; and
The most visible location from the approach;

(b) Properly maintained; and

Illegible;
Damaged;
Vandalized; or
Stolen.

Section 6. Signs in Existence Prior to this Administrative Regulation.

(1) A danger sign or identification sign posted on a tank battery prior to promulgation of this administrative regulation may be retained by an operator if:

(a) The operator files a written petition for a waiver seeking permission to retain the noncomplying sign; and

(b) The prior sign is clearly displayed:

On the tank or tank battery;
At the most visible location from approach; and
Meets the requirements of this administrative regulation.

(2) A prior noncomplying sign shall be replaced with a sign that complies with this administrative regulation if it is:

(a) Illegible;

(b) Damaged;

(d) Stolen.

Section 7. Violations for Failure to Post a Sign.

(1) Upon locating a tank battery without a danger sign or the required identification sign, the inspector shall issue a notice of noncompliance to the last known operator.

(2) The notice of noncompliance shall be mailed to the operator by certified mail, return-receipt requested. If the violation is not corrected by the posting of a proper sign within forty-five (45) days of his receipt of the notice of noncompliance, the operator shall be subject to the penalties set out in KRS 353.991.

Section 8. Material Incorporated by Reference.

(1) NFPA Edition 704, "Standard System for the Identification of the Hazards of Materials for Emergency Response", 2017 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, subject to applicable copyright law, at the Kentucky Department for Natural Resources, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 353.500, 353.656
STATUTORY AUTHORITY: KRS 353.540(1), 353.656
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540(1) authorizes the Department for Natural Resources to promulgate administrative regulations necessary to enforce KRS 353.500 through 353.720. KRS 353.656 requires a well operator to display a sign printed with the word "Danger" and other information specified by the department near or on a facility used for storage of oil, whether it is in active production or has been abandoned. This administrative regulation specifies the size, wording, coloration, and placement of a danger sign and identification sign.
History: 23 Ky.R. 3653; 4180; 24 Ky.R. 88; eff. 7-9-1997; TAm eff. 8-9-2007, TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 1360; 2066; eff. 2-3-2020.

805 KAR 1:170 Content of the operations and reclamation plan {#sec-805-kar-1-170 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:170}

Section 1.

(1) The operations and reclamation plan shall be filed on a completed and notarized Operations and Reclamation Plan, Form OG-10.

(2) In addition to the requirements set out in KRS 353.5901 and KRS 349.130, the following information shall be submitted on Form OG-10:

(a)

The operator's and surface owner's names, addresses, and telephone numbers;
The county in which the well is proposed to be drilled; and
The well number;

(b) RECOMMENDED HERBACEOUS MIXTURES FOR REVEGETATIONNote: A species enclosed in parenthesis may be substituted for the species to the left. Its seeding rate is enclosed in parentheses.Species MixtureSeeding Rate(Pounds/acre PLS)Spring - February 15 to May 151. Orchardgrass10White or Ladino clover2Red clover62. Orchardgrass10White or Ladino clover1Red clover4Kobe lespedeza103. Orchardgrass10Birdsfoot trefoil (Alfalfa)8 (15)Red clover64. 31 Tall fescue205. Wheat (Spring oats)25 (32)Switchgrass10Indiangrass10Big bluestem5Little bluestem5Birdsfoot trefoil6Except for mixture 5, add one (1) of the following quick cover species to the selected permanent spring seeding mixture:Wheat (before April 15)30Spring oats (before April 15)32Balbo rye (before April 15)30Perennial ryegrass10Annual ryegrass5Weeping lovegrass (after April 1)2Summer - May 15 to August 1Orchardgrass10Kobe lespedeza15Red clover4White clover (Birdsfoot trefoil)1 (6)Alfalfa12Add one (1) of the following quick cover species to the permanent summer seeding mixture:Sorghum20Foxtail (German) millet12Japanese millet15Soybeans40Cowpeas40Pearl millet1031 Tall fescue20Fall - August 1 to October 11. Orchardgrass10White or Ladino clover2Red clover62. Orchardgrass10Alfalfa (Birdsfoot trefoil)15 (8)Red clover63. 31 Tall fescue204. Deertongue12Birdsfoot trefoil8Red clover6Add one (1) of the following quick cover species to the selected permanent fall seeding mixture:Winter wheat30Balbo rye or Winter rye30Winter oats32Perennial ryegrass10Annual ryegrass5Mixtures for Wet or Poorly Drained Areas and Pond BordersSpring - February 15 to May 15Japanese millet10Redtop (Reed canarygrass)3 (15)Alsike clover431 Tall fescue20Common annual lespedeza (quick cover species)10Fall - August 1 to October 1Redtop3Reed canarygrass15Alsike clover631 Tall fescue20Common annual lespedeza (quick cover species)10Mixture for Areas to be Stocked With Woody PlantsSpring or Fall SeedingRedtop3Perennial ryegrass5Birdsfoot trefoil (Appalow lespedeza)10 (20)Foxtail millet (quick cover species)5If both Appalow lespedeza and birdsfoot trefoil are used, cut their seeding rates in half.

A listing or description of fertilizers and soil amendments to be used and seed mixes or trees to be planted as established in the table in this subparagraph.
The requirements in subparagraph 1. of this paragraph shall apply for each affected area requiring revegetation treatment; and

(c) A detailed map of the road, well location, and proposed area of disturbance, which shall be in sufficient detail to allow ready identification of surface features and which shall satisfy the requirements established in subparagraphs 1. through 4. of this paragraph.

a. The surface owner's tract shall be identified on the map, with the name of the surface owner if not listed on the legend.

b. The map shall indicate the acreage to be disturbed.

The map may be made over an enlarged section of the United States Geological Survey (USGS) 1:24000 topographic map, or an equivalent format, and shall be:

a. Enlarged to 1"=400'; and

b. Submitted on a minimum of an eight and one-half (8 1/2) inch by fourteen (14) inches sheet, using the symbols established on Form OG-10.

The map shall have a legend with the operator's and surface owner's names not listed on the map, the scale of the map, the well name and number, and the lease name. Within 500 feet of the permitted wellsite boundary and 100 feet of the well site access road centerline, the map shall show:

a. The location of all features listed on the legend of form OG-10;

b. All water bodies; and

c. If reasonably ascertainable, public utility infrastructure.

The map shall show the drainage pattern on and away from the area to be affected, including the direction of flow, proposed constructed drainways, natural drainways to be used for drainage, and the streams or tributaries to receive discharges from the proposed operation.

(3) A signature of the surface owner shall be obtained in instances of a complete severance of the ownership of the oil, gas, or coalbed methane from the ownership of the surface to be disturbed. Signatory sections for the operator and surface owner shall be completed on Form OG-10 pursuant to paragraphs (a) and (b) of this subsection.

(a) The name and title, if any, of the operator shall be indicated and his or her signature notarized.

a. The signature shall be either that of an officer of the company or of a person who holds a duly recorded power of attorney to execute documents.

b. A copy of the power of attorney shall be filed with the division.

If the prospective operator is an individual, the signatory shall be in the same name as the applicant's. If someone other than the applicant signs the form, the signatory shall hold a duly recorded power of attorney.

(b) The surface owner's name shall be indicated and his or her signature notarized if he or she approves of the operations and reclamation plan, together with any attachments submitted with it.

Section 2. Unsigned Reclamation Forms. If the owner of the surface of the severed minerals tract is unwilling or for some other reason has failed to sign Form OG-10, the operator shall file:

(1) A written petition for mediation; and

(2) The items established in paragraphs (a) and (b) of this subsection.

(a) A copy of the certified mail receipt verifying that the operations and reclamation plan, the statement required in KRS 353.5901(4)(b), and the plat were mailed to and received by the surface owner or, if not received, the original or a copy of the unclaimed envelope. A copy of the operations and reclamation plan and the attachments enclosed in the envelope mailed to the surface owner shall also be included.

(b) If the surface owner cannot be reached at his last known address of record and certified mail is returned as undeliverable or unknown, the operator shall publish a notice of intended activity, together with a request for information on the whereabouts of the surface owner.

The publication shall be made two (2) consecutive times in a local newspaper in the county where the proposed well is located and once in a newspaper of general circulation.
A copy of the notice of intended activity and request for surface owner information shall be included with the operator's application for permit and shall include:

a. The name and address of the operator;

b. A brief description of the intended activity as established in the operations and reclamation plan; and

c. A statement of where interested persons may obtain additional information as to the operator's intended activity.

The surface owner shall respond to the notice established in this paragraph.

Section 3. Mediation of Dispute.

(1) The surface owner may file with the division a request for mediation after receiving from the operator the proposed operations and reclamation plan, but only after the operator has filed his request for mediation and not later than the time set forth in the Notice of Request for Mediation provided by the department and mailed to the surface owner. The surface owner's request to participate in mediation shall include the mediation fee, in accordance with KRS 353.5901(6), or a request for waiver of the fee.

(2) Contents of a request for fee waiver. The request for waiver of the mediation fee shall include:

(a) A brief statement of facts underlying the request for a determination that the individual is financially unable to pay the mediation fee required by KRS 353.5901(6); and

(b)

Documentation that the individual is receiving or has been deemed eligible to receive public assistance; or
An affidavit, subject to penalties for perjury, establishing:

a. The applicant's individual income;

b. The applicant's household income;

c. Property owned;

d. Outstanding obligations;

e. The number and age of dependents; and

f. A copy of his or her most recent Kentucky and federal income tax returns.

(3) Waiver determination.

(a) Within thirty (30) days of filing of the petition, the mediator shall issue a determination accepting or denying the request for fee waiver. If the fee waiver is denied, the applicant shall be informed in writing and the applicant shall be given thirty (30) days from the mailing of the mediator's waiver denial to submit the mediation fee to the department, or the surface owner shall be deemed to have failed to satisfy the statutory requirements applicable to mediation and a report shall be issued pursuant to subsection (4) of this section.

(b) The mediator's waiver determination shall not be subject to appeal.

(c) In considering the request for fee waiver, the mediator shall consider the statement and affidavit submitted by the surface owner and consult the Federal Poverty Guidelines in effect upon the date the request is mailed.

(d) The mediator shall waive the mediation fee for any surface owner whose household income is at or below 100 percent of the Federal Poverty Guidelines.

(e) The mediator shall waive the mediation fee for any surface owner whose household income exceeds 100 percent of the Federal Poverty Guidelines if the mediator determines that the surface owner has demonstrated financial inability to pay the fee.

(f) It shall be presumed that the surface owner has the financial ability to pay the mediation fee if that person:

Is not receiving, or is not eligible to receive, public assistance payments upon the date the affidavit is submitted; or
Owns more than one (1) motor vehicle.

(4) If the surface owner does not file the mediation fee within the time and in the manner required in the Notice of Request for Mediation, the surface owner shall be deemed to have failed to satisfy the statutory requirements applicable to mediation. The mediator shall file a report noting the failure and recommend the acceptance of the operator's operations and reclamation plan.

(5)

(a) The mediator shall not settle damage claims or make any determinations regarding damage claims in the report.

(b) Information presented by the operator or surface owner as to costs incurred by either party as a result of the projected drilling and the loss of minerals or surface damage may be utilized by the mediator in recommending the placement of roads, pits, or other construction and reclamation activities in a manner that has the least adverse surface impact.

(6) If the operator withdraws his or her application for a permit to drill, deepen, or reopen a well after receipt by the division of the surface owner's mediation fee, that fee shall be refunded to the surface owner.

Section 4. Construction, Reclamation, and Maintenance.

(1) Pre-construction planning shall be performed to design access roads, wellsite, and pits along existing topography to minimize erosion and identify locations for sediment control practices and devices in accordance with the operations and reclamation plan.

(2) Construction activities shall incorporate BMPs for erosion and sedimentation control on all disturbed areas.

(a) All cuts and fills shall have side slopes that are stable for the soil or fill material utilized.

(b) A wellsite shall be constructed on a stable base.

a. Except as established in clause b. of this subparagraph, pits shall be constructed on the cut or highwall side of well sites in non-fill areas.

b. If site conditions prevent compliance with clause a. of this subparagraph, then pits may be constructed in fill areas if a division representative has determined that the location is stable and will prevent failure of the pit.

Pits shall be located above the 100-year floodplain in order to maximize the distance from surface waters of the Commonwealth.
Pits shall be of sufficient size and shape to contain all drilling fluids, cuttings, well completion, and treatment fluids from the well.

a. Pits shall be lined with an impermeable synthetic material having a minimum thickness of ten (10) mils to prevent movement of pit fluids into the subsurface.

(i) The liner requirement may be waived by a division representative if the drilling mud circulation system utilizes bentonite clay and the division representative observes soil conditions confirming the presence of clay, which shall create an impermeable barrier preventing infiltration of pit fluids into the underlying soil and rock strata.

(ii) The division representative shall not approve waivers to clause a. of this subparagraph in areas as identified by Kentucky Geologic Survey mapping as being underlain by bedrock with high or moderate potential for karst development.

Diversion ditches shall be constructed up slope of the pit to divert surface runoff so that the pit has no additional drainage area.
Pits shall be constructed to maintain a continuous freeboard of at least two (2) feet above ground level to prevent overflow.
A steel tank, of sufficient size and shape to contain all drilling fluids, cuttings, well completion, and treatment fluids, may be used in lieu of an excavated pit.

(d) A disturbed area shall be graded and stabilized so that soil erosion, surface disturbances, and stream sedimentation is minimized utilizing best management practices, in accordance with the approved operations and reclamation plan.

(e) If practicable, all topsoil present in the area to be disturbed shall be removed and segregated for redistribution during reclamation.

(f) Temporary erosion control measures shall be implemented during construction of the road to minimize sedimentation and erosion until permanent control measures including seeded and mulched road ditches can be established.

(3) If the well produces and the site is kept open for long-term use for well servicing and for oil and gas removal, the operator shall:

(a) Maintain access roads in a manner as to:

Allow access by the operator without causing unreasonable settlement of the roadbed or slides of the cut slopes; and
Provide that maintenance shall be in accordance with the operations and reclamation plan;

(b) Establish drainage:

To adequately accept runoff from access roads, the well site, and other areas in a manner that shall prevent unreasonable interference with the surface owner's property, roads, farming operations, and buildings; and
In accordance with the operations and reclamation plan;

(c)

Repair access roads, the well site area, and pits damaged by events as floods, landslides, or excessive settlement of the embankment as soon as practicable after the damage has occurred;
Not be responsible for damage attributable to another party's use of the access road not relating to the drilling, construction, or operation of the well by the operator; and

(d) Maintain and operate pits in accordance with subparagraphs 1. through 5. of this paragraph.

a. Pits shall not remain open for more than thirty (30) days after drilling or well completion, unless an extension is requested and approved by the director.

b. A multi-well pad shall be closed within thirty (30) days after drilling or well completion of the last well on the well site.

c. Upon written request, the director may, with good cause, extend the allowable life of the pit to a maximum ninety (90) days after drilling or well completion.

Pits shall not be used to dispose of garbage.
The pit and applicable portion of the well site not utilized for production purposes shall be closed in accordance with Section 6(1)(b).
Discharge from a pit or any activity associated with the drilling or completion of a well to any surface or ground waters or in a location where it is likely to cause pollution to any surface or groundwater shall be prohibited.
Pits shall be monitored for integrity and slope stability until closure of the pit.

Section 5. Site closure.

(1) The department shall consider a wellsite closed after:

(a) All surface production facilities have been removed;

(b) Pits have been closed in accordance with subparagraphs 1. through 4. of this paragraph:

All standing fluids in the pit shall be removed and disposed of in accordance with 805 KAR 1:110;
The operator shall ensure solidification of drill cuttings by mixing earthen material within the pit;
Pit solids shall be encapsulated in the liner and buried prior to surface restoration and reclamation; and
The pit shall be back-filled with earthen material to establish natural grade with the surrounding wellsite;

(d) Written notice has been provided by the operator to the division that final reclamation and site closure has been completed pursuant to the operations and reclamation plan; and

(e) The cabinet has verified that the reclamation work complies with the operations and reclamation plan in the approved permit package.

(2) The bond required in KRS 353.590(7), (8), (9) or KRS 349.120 shall not be released until a division inspector has:

(a) Made an inspection of the well site one (1) year after the date of the letter of notification from the operator of final reclamation and plugging; and

(b) Filed a report to the director documenting that the following have occurred:

All areas disturbed by the operator have been secured in a manner to prevent runoff, sedimentation, settlement of the roadway, or sliding of cut slopes or any fill material;
A diverse and effective permanent vegetative cover has been established; and
Any matters relating to settlement, inadequate vegetative cover, or erosion have been corrected.

Section 6. Transfer of Wells having Existing Reclamation Plans.

(1) Prior to transferring a well for which an approved operations and reclamation plan is on file with the division, the operator shall:

(a) Provide the successor operator a copy of the approved reclamation forms and attachments on file with the division before signing Well Transfer Form OG-13;

(b) Advise the successor operator of any reclamation responsibility the transferring operator had with regard to the well and related surface disturbance;

(c) Secure from the successor operator a letter indicating that the operator has received from the transferring operator a copy of Form OG-10 and that he or she is willing to accept responsibility for the reclamation of the well site and other surface disturbances related to the operation of the well;

(d) Submit to the division the completed and notarized Well Transfer, Form OG-13, applicable fee, and the letter of the successor operator's agreement to accept responsibility for reclamation in the manner established on Form OG-10; and

(e) Provide the surface owner of record with a copy of form OG-13 upon submission to the division.

(2) The division shall not transfer the well until the requirements of this section are satisfied and shall advise the transferring and successor operators in writing upon transfer of the well.

(3) The transferee of a well shall assume all obligations in accordance with the terms of the permit, this section, and KRS 353.590(23) upon transfer.

Section 7.

(1) If a well is to be drilled and completed on federal lands, the director shall accept a copy of a surface use reclamation agreement between the well operator and the federal agency in lieu of the operations and reclamation plan.

(2) If the operator elects to submit this agreement, it shall be submitted with the application for permit to drill a well.

Section 8.

(1) If a field inspection indicates there is noncompliance with the approved operations and reclamation plan or the requirements of Section 5 of this administrative regulation, a written notice of violation describing the noncompliance shall be given to the operator, together with a statement of the action required to correct the noncompliance.

(2) The written notice of violation shall allow the operator up to forty-five (45) days to correct the violation.

(3) An operator may file for an extension of time to correct a violation. A request for an extension of time shall be submitted via a letter to the director describing the need for that extension. If the director concludes that the reasons for the request are beyond the operator's control and that an extension of time will not violate the requirements of this administrative regulation or applicable statutes, the director shall grant the request for extension of time.

(4) The operator's bond shall be forfeited to the department's oil and gas well plugging fund, pursuant to KRS 353.590(27), if the operator fails to make required corrections.

(5) An operator who, after a hearing, is determined by the department to be in noncompliance with any section of this administrative regulation, or who fails to abate any noncompliance of the approved operations and reclamation plan, shall be subject to the penalties described in KRS 353.991.

Section 9. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Operations and Reclamation Plan", OG-10, October 2019; and

(b) "Well Transfer", OG-13, June 2019.

History

RELATES TO: KRS 349.015, 349.105, 349.120, 349.130, 349.155, 353.180, 353.510, 353.520, 353.561 – 353.564, 353.590, 353.5901, 353.592, 353.595, 353.597, 353.651, 353.652, 353.6601 – 353.6606, 353.730, 353.737, 353.991
STATUTORY AUTHORITY: KRS 349.130, 353.540, 353.550, 353.5901, 353.670
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.5901(1) requires an oil or gas well operator to submit to the Department for Natural Resources an operations and reclamation plan. KRS 349.130 requires an applicant for a coal bed methane well permit submit to the Department for Natural Resources an operations and reclamation proposal when applying for a permit. This administrative regulation establishes the content of the operations and reclamation plan, establishes the form on which that plan is to be filed, and establishes the form on which well transfers are indicated.
History: 23 Ky.R. 3655; 4182; 24 Ky.R. 90; 365; eff. 7-9-1997; TAm eff. 8-9-2007; 41 Ky.R. 2366; 42 Ky.R. 58; eff. 9-4-2015, TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 685, 1509, 2068; eff. 2-3-2020.

805 KAR 1:180 Production reporting {#sec-805-kar-1-180 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:180}

Section 1. Annual Report of Monthly Production.

(1) An oil or gas operator shall:

(a) Compile and retain records of the monthly production of natural gas and crude oil; and

(b) For the preceding year, file the production information with the Division by April 15.

(2) The information may be submitted to the division:

(a) On Form OG-17, "Annual Report of Monthly Production for Natural Gas and/or Crude Oil"; or

(b) By using:

Common personal computer spread sheet or database software;
An electronic mail attachment.

(3) An operator shall be permitted to submit the information in accordance with subsection (2)(b) of this section, subject to the division being able to process the production data electronically.

(4) The following shall be included in the information submitted by the operator:

(a) Operator name and address;

(b) Production year;

(d) Purchaser number;

(e) Number of wells on the lease for which the report is being filed;

(f) Farm name, complete with the individual well name and well number;

(g) County of production;

(h) Producing formation or, if production is commingled from multiple wells which are not metered separately, the identification of the wells as "commingled" and the pertinent formations from which production was made;

(i) The location of the tank battery affiliated with the well; and

(j) Well status, identified as producing or shut-in.

(5) Production from a gas well shall be reported in Mcf of net gas sales by well. In addition to reporting net gas sales, produced gas may also be reported at the option of the operator.

(6) Monthly oil production shall be reported in barrels by individual well or by lease; if by lease, the operator shall attach to Form OG-17 a list identifying the purchaser number and division permit number of all wells producing on that lease.

(7) For a well drilled prior to the date upon which a permit for the drilling and production of a well was statutorily required, the operator shall provide a Carter Coordinate location for each well not having a location on file with the division. That location may be estimated by a topographic spot, a GPS locator, or by survey.

(8) Production information reported pursuant to this administrative regulation shall be organized into a standard format and shall be made available for public release no earlier than January 1 nor later than March 1 of the following year.

Section 2. Penalties. If an operator does not file his production data on Form OG-17 by April 15 after each production year, the division shall notify the operator in writing of the noncompliance. If the operator does not submit all required production information within forty-five (45) days after being notified of the noncompliance, the operator shall be subject to denial of permits in accordance with KRS 353.570 or KRS 349.040 for coalbed methane wells and the penalties established in KRS 353.991(2), (3) and (4) or KRS 349.155 for coalbed methane wells.

Section 3. Incorporation by Reference.

(1) "Annual Report of Monthly Production for Natural Gas and/or Crude Oil", OG-17, October 2019 is incorporated by reference.

History

RELATES TO: KRS 353.550(1), 349.040, 349.155, 349.570, 353.991
STATUTORY AUTHORITY: KRS 349.115, 353.540, 353.550(4), 353.670(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.550(1) and KRS 349.115 authorizes the Department for Natural Resources to promulgate administrative regulations requiring an operator of oil and gas properties in the Commonwealth to identify producing leases. KRS 349.115 authorizes the department to promulgate administrative regulations to implement KRS Chapter 349. This administrative regulation is necessary to specify the requirement of annual reporting, the content of the report, and the form on which the report shall be made.
History: 23 Ky.R. 3658; 24 Ky.R. 92; 1263; eff. 11-12-1997; TAm eff. 8-9-2007, TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 689, 1513, 2071; eff. 2-3-2020.

805 KAR 1:190 Gathering lines {#sec-805-kar-1-190 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:190}

Section 1. Applicability. This administrative regulation shall apply to gathering lines installed under permits issued after March 18, 2004 and shall not apply to existing gathering lines unless these lines are identified as being subject to the requirements of Section 4 of this administrative regulation.

Section 2. License.

(1) The operator of any gathering line, including an existing gathering line, shall obtain a gathering line operator's license from the division to operate any and all oil or gas gathering lines operated by him. The operator in physical control of any gathering line shall maintain a current license even if the gathering line is shut in or idle. All gathering lines operated by the same operator shall be subject to a single gathering line operator's license. An operator of an existing gathering line shall make application for license within ninety (90) days of the effective date of this administrative regulation.

(2) Each licensee shall annually submit a completed and notarized license renewal form using the "Application for Gathering Line Operator's License", Form OG-2, on or before the expiration date of his current license. Annual renewal of the gathering line operator's license shall be made on January 1 and due no later than February 15. If there are no substantive changes to the operator information provided in the initial application for license, the license shall be renewed upon receipt of the license fee. To qualify for a license or license renewal, the applicant shall be in compliance with applicable laws and shall submit the following items to the division:

(a) An application satisfying the requirements of subsection (3) of this section; and

(b)

A $100 license fee; or
A fee of twenty-five (25) dollars for each dwelling, if the application is for a license to operate a gathering line for a gas well used strictly for the purpose of heating a residential dwelling.

(3) Application. The application for a license or a license renewal shall be:

(a) Notarized or meet the requirements for electronic signature if electronically submitted pursuant to KRS Chapter 369;

(b) Filed with the division; and

The full name under which the operator transacts or intends to transact business under the license and the operator's correct mailing address. The application shall include the name and address of the principal officers of the partnership, limited liability company, or corporation, including the agent for process;
All other information required by the "Gathering for Line Operator's License Application", Form OG-2,; and
Each application for a license shall be signed or submitted with electronic signature as previously described by the operator if the operator is a natural person, by a principal officer if the operator is a partnership, limited liability company, or corporation.

Section 3. Maps of Existing Gathering Lines. Within eighteen (18) months of the effective date of this administrative regulation, each operator of any existing gathering line shall file with the division a map, which outlines the approximate location of the existing gathering line. The gathering line may be noted over an enlarged section of a United States Geological Survey (USGS) 1:24000 topographic map, which may be enlarged to approximately 1"= 400' and be submitted on an 8 1/2 in. x 14 in. sheet. Additional maps may be provided if necessary to fully document the total length of the gathering line. This requirement for the filing of maps may also be satisfied by electronic submission of the maps subject to the division being able to import and view the map files.

Section 4. Permit. Prior to the installation of a gathering line, the operator shall submit a permit application to the division for the installation and operation of the gathering line in the following manner:

(1) Permit by rule for an oil production flow line. An oil production flow line shall be deemed to have a permit by rule upon the issuance of the well drilling permit if the operator satisfies the following conditions:

(a) Notifies the division in the manner prescribed in Section 7 of this administrative regulation upon the successful completion of the well and prior to the installation or disturbance of any surface upon which the oil production flow line shall be installed;

(b) Complies with Sections 9, 10, 11(1), (2), (3), (4), 12 and 14 of this administrative regulation; and

(c) Pays a fee of $100, in addition to the well permit fee required by KRS 353.590(2) and an additional fifty (50) dollar fee required by KRS 353.745(4) and 805 KAR 1:010.

(2) Permit by rule for a gas production flow line. A gas production flow line shall be deemed to have a permit by rule upon the issuance of the well drilling permit if the operator satisfies the following conditions:

(a) Notifies the division in the manner prescribed in Section 7 of this administrative regulation upon successful completion of the well and prior to the installation or disturbance of any surface upon which that gathering line shall be installed; and

(b) Pays a fee of $200, in addition to the well permit fee required by KRS 353.590(2) and an additional fifty (50) dollar fee required by KRS 353.745(4) and 805 KAR 1:010.

(3) Permit for a gathering line other than an oil production or gas production flow line. The division may issue a permit for the installation and operation of a gathering line other than an oil production or gas production flow line if the operator satisfies the following conditions:

(a) Files an application with the division for a permit for the installation, reclamation, and operation of a gathering line in the manner prescribed by Section 7 of this administrative regulation prior to the installation or disturbance of any surface upon which the gathering line shall be installed; and

(b) Pays a fee of $500.

Section 5. Transfer of Ownership of a Gathering Line. A successor operator of a gathering line shall notify the division in advance of commencing use or operation of a gathering line. The successor shall assume the obligations of this administrative regulation and relieve the original permittee of responsibility under this administrative regulation with respect to the gathering line. It shall be the responsibility of the selling operator to require the successor operator to notify the division before use or operation is commenced by the successor and relief of responsibility under this administrative regulation is granted to the original permittee. If an oil production or gas production flow line is involved, the successor shall be deemed to have provided notice to the division upon the successful completion of the well transfer, as required under KRS 353.590(23), for the oil production or gas production flow line applicable to the corresponding well.

Section 6. Permit Requirements.

(1) The notification or application for permit for the installation and operation of a gathering line shall be submitted to the division on a completed and notarized "Notification/Application for a Gathering Line Permit: Installation, Reclamation and Operation Plan", Form OG-11, along with an attached topographical map depicting the location of the proposed line which shall be in sufficient detail to allow ready identification of adjacent surface features. An operator may also submit the notification or application, map and payment through the division's on-line application subject to the provisions of KRS Chapter 369. The map shall have a legend with:

(a) The names of the gathering line owner and operator and any owners of surface tracts upon which the gathering line is to be installed not otherwise listed on the map;

(b) The scale of the map;

(d) The lease name, if applicable, and shall depict the following:

The approximate locations of property lines, dwellings, environmentally sensitive features and road and stream crossings along the path of the gathering line;
The names of the owners of surface tracts upon which the gathering line is to be installed, as identified as the party assessed for the purposes of property taxation in the records of the property valuation administrator of the county in which the land is located, unless listed in the legend;
The location of all tank batteries associated with the gathering lines to be permitted by this application; and
The approximate acreage to be disturbed along the path of the proposed gathering line.

(e) Subparagraphs 1. through 3. of paragraph (d) shall be noted clearly and legibly on an enlarged section of a U.S. Geological Survey (USGS) 1:24000 topographic map, which may be enlarged to approximately one (1) inch equals 400 feet and be submitted on an eight (8) and one-half (1/2) by fourteen (14) inch sheet. This requirement for the filing of maps may also be satisfied by electronic submission of the maps subject to the division being able to import and view the map files.

(2) In filing the application for the installation and operation of a gathering line with the division, the operator shall state that he has the authority necessary to install and operate the gathering line upon the property which the gathering line will traverse and that he maintains general liability insurance coverage for the gathering line operations. The operator shall include the division as a "certificate holder" on the policy so that the division shall receive advance notice of any cancellation of the operator's general liability insurance.

(3) The operations and reclamation plan required by KRS 353.5901, filed in conjunction with the application for a permit for a well, shall satisfy this administrative regulation's requirements for an operations and reclamation plan applicable to the property upon which the well is drilled.

(4) If the operations and reclamation plan is not subject to KRS 353.5901, the operator shall file a plan which includes a short narrative indicating the following:

(a) Location of all areas to be disturbed in connection with the installation of the gathering line and the proposal to prevent erosion and sedimentation on those areas;

(b) A revegetation plan which includes a listing or description of fertilizers and soil amendments and seed or trees to be planted for each affected area requiring revegetation treatment and the types and amounts per acre of seed or trees to be planted; and

Section 7. Right-of-Way Agreements.

(1) Prior to submitting an application for a permit or prior to any installation or operations on any surface on which a gathering line is proposed other than the property upon which the well is located, the operator shall have obtained the necessary authority, right-of-way or lease agreement from an owner of the property on which the gathering line is to be installed.

(2) Prior to the issuance of a permit for the installation and operation of a gathering line on which the operator has an existing right-of-way, lease or deed, or on land that requires a new right-of-way by the operator, the operator shall certify in the application for the permit that he has met and conferred with, or offered to meet and confer with, the surface owner as to any activity that may disturb the surface.

Section 8. Meeting with Bonded Permittee. Prior to the issuance of a permit for the installation and operation of a gathering line on land which is permitted or bonded under the provisions of KRS Chapter 350, the operator of the gathering shall certify in the application for a permit that the operator has met and conferred with, or offered to meet and confer with, the bonded permittee as to any activity that may disturb the permitted area.

Section 9. Reclamation Plans. Reclamation of all disturbed areas shall be conducted in accordance with the operations and reclamation plan on file with the division. Any amendments to the operations and reclamation plan shall be submitted to and approved by the division prior to commencement of installation or as soon as practical after discovery that reclamation shall be conducted in a manner other than that described in the operations and reclamation plan on file with the division. If the surface is disturbed incidental to the repair of a gathering line after reclamation has occurred under the operations and reclamation plan, the reclamation of the area so disturbed shall be commenced within thirty (30) days of completion of the repair operation, if practical. The operator shall satisfy the following standards for excavation, backfilling and reclamation:

(1) If a gathering line crosses agricultural lands, the operator shall segregate topsoil while trenching, and trenches shall be backfilled so that the soils are returned to their original relative positions and contour, unless waived by the surface owner. This requirement to segregate and backfill topsoil shall not apply to trenches that are twelve (12) inches or less in width.

(2) On agricultural lands and nonagricultural lands, gathering line trenches shall be maintained in order to correct trench subsidence and reasonably minimize erosion. Interim and final reclamation, including revegetation, shall be performed in accordance with the reclamation plan.

Section 10. General Requirements.

(1) Burial of a gathering line. The operator shall bury a gathering line or portion thereof that crosses agricultural land or that would otherwise interfere with the use of a preexisting private roadway, if requested to do so by the owner of the surface of the agricultural land or of other land to which access would be affected, prior to the installation of the gathering line to protect it from damage. The gathering line shall be buried to a minimum depth of twenty-four (24) inches, except where solid rock is encountered, in which case the minimum depth of burial shall be twelve (12) inches, if practical. If an underground structure or other geologic or economic condition prevents a gathering line from being buried in accordance with the standards set out above, or if there is an agreement between the surface owner and the operator whereby the minimum standard is waived, the line may be installed at less than the minimum depth or above ground.

(2) A gathering line constructed of plastic pipe shall be installed below ground level, unless otherwise permitted by subsection (3) of this section, and in accordance with the following:

(a) The operator shall undertake efforts to minimize shear and tensile stresses; and

(b) A tracer line, location device, or suitable conductive wire shall be placed in the trench to facilitate the detection of the gathering line.

(3) A gathering line constructed of plastic pipe may be temporarily installed above ground if:

(a) The operator demonstrates that the cumulative per period of above-ground exposure of the pipe does not exceed the manufacturer's recommended maximum period of exposure or two (2) years, whichever is less;

(b) The pipe either is located so as to minimize the possibility of damage by external forces or is otherwise protected against damage;

(d) The pipe is being used during a production test period not to exceed ninety (90) days.

(4) Line burial at road crossing. A gathering line crossing a road shall be buried in accordance with the requirements of the agency having jurisdiction over the road.

(5) Line markers. The operator shall install and maintain line markers over an active buried gathering line in accordance with the standards in paragraphs (a) through (e).

(a) At intervals of no greater than 500 feet, corresponding to the 500 foot GPS data requirements described in subsection (8) of this section, except that this requirement shall not apply to lines crossing agricultural lands;

(b) With respect to lines installed after June 25, 2009, on slopes greater than twenty (20) degrees, markers shall be placed at intervals not to exceed 250 feet;

(d) At both sides of each public or private road crossing and at each railroad crossing; and

(e) Each marker shall contain the word "Warning", "Caution", or "Danger", followed by the words "Petroleum Pipeline" or "Gas Pipeline", whichever is appropriate, in letters at least one (1) inch high with one-quarter (1/4) inch stroke and the name of the operator with a twenty-four (24) hour emergency response telephone number.

(6) Testing of a gathering line. Before placing a gathering line in operation, it shall be tested to ensure that it is capable of maintaining 110 percent of the maximum anticipated operating pressure. The test pressure shall be held a minimum of thirty (30) minutes and a permanent record of the test shall be kept on file by the operator. In conducting the test, the operator shall ensure that reasonable precautions are taken to protect the employees of the operator and the general public. The testing may be conducted using natural gas, compressed air, inert gas or water. Production flow lines operating at less than fifteen (15) psig are exempt from pressure testing requirements.

(7) Patrolling, maintenance and repair. All gathering lines shall be maintained in good operating condition at all times and the operator shall take reasonable precautions to prevent failures, leakage and corrosion by performing the procedures in paragraphs (a) through (c).

(a) Perform on-site inspections of a permitted gathering line at least once each calendar year, at intervals not to exceed eighteen (18) months. If an operator discovers any condition that could adversely affect the safe and proper operation of a gathering line, the operator shall correct it within a reasonable time and in accordance with KRS 353.160. However, if the condition presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until the unsafe condition has been corrected.

(b) In repairing the gathering line, the operator shall take appropriate action to conduct the repair in a safe manner so as to prevent injury to persons and damage to property.

(c) Maintain records of gathering line tests, inspections and leak repair for division inspection, if requested, for at least three (3) years.

(8) As-built requirement. The as-built location of the gathering line shall be depicted with GPS data points spaced every 500 feet, if practical, at points where the gathering line changes direction and at the beginning and termination points of the gathering line. All information regarding the as-built location of gathering lines and tanks shall be submitted to the division within twelve months of completion of the gathering line.

(9) Compressor station requirements. All wellhead and field compressors shall be installed and maintained according to the following requirements:

(a) The operator shall maintain a positive suction pressure at all times;

(b) The operator shall install safety devices to ensure the downstream pressure does not exceed the test pressure of the gathering line; and

(c) The operator shall record a GPS location of all compressor station sites and submit that location data to the division.

Section 11. Reporting of Incidents.

(1) An operator shall give notice by telephone to the division inspector responsible for the county or area in which a gathering line is installed when a discovery is made that an incident has occurred regarding the installation, reclamation or operation of a gathering line. Reportable incidents shall include:

(a) Personal injury requiring hospitalization or a fatality;

(b) Either fire or explosion not intentionally set by the operator for purposes of routine maintenance or construction;

(c) The release of a significant volume of gas that would require a protective action being taken by the general public; or

(d) The pollution of any stream, river, lake or reservoir, or other similar body of water, in violation of applicable water quality standards.

(2) The requirement for the reporting of incidents shall not release the operator from making any notice required by any other state or federal agency.

(3) Notice made under this section shall include:

(a) Name and address of the operator;

(b) Name and telephone number of the person making the report;

(d) Date and time of the incident;

(e) A brief description of the incident;

(f) Number of, and information regarding, personal injuries or fatalities, if any; and

(g) Any other significant facts known by the operator that are relevant to the cause of the incident or extent of the damages.

Section 12. Emergency Response Plans. The operator shall prepare a manual of written procedures for an emergency response, available to the division upon request, and shall keep the manual in a location accessible to employees whose responsibilities include implementation of an emergency response. The operator shall provide training to employees and, in the event of an emergency, review their performance following the emergency to determine whether applicable procedures were effectively followed. The manual shall be reviewed at least once each calendar year and changes made as necessary to ensure that the manual is an effective emergency response tool. The manual shall address the items in subsections (1) through (7) of this section in order to facilitate safety if an emergency condition occurs.

(1) Receiving, identifying, and classifying notices of events which require immediate response by the operator or notice to fire, police, or other appropriate emergency response entities and communicating this information to appropriate operational personnel for corrective action.

(2) Providing prompt and effective response to each type of emergency, including oil or brine spill, gas release, fire, explosion or natural disaster near or involving a building or adjacent facility.

(3) Dispatching personnel, equipment, and instruments, as needed, to the scene of the emergency.

(4) Taking necessary action, such as emergency shutdown or pressure reduction, to minimize the amount of release from the gathering line in the event of a failure.

(5) Minimizing public exposure to injury and probability of accidental ignition by assisting with evacuation of residents and assisting with the control of traffic on roads and railroads in the affected area, or by taking other appropriate action necessary to protect public safety.

(6) Notifying fire, police, and other appropriate emergency response entities of a gathering line incident or emergency and coordinating with them in devising responses to be made during an emergency. Methods to accomplish this shall include the following:

(a) Including in the emergency response manual a listing of appropriate fire, police, and other health and safety entities, along with their officials' names and emergency telephone numbers;

(b) Establishing and maintaining liaison with fire, police, and other appropriate emergency response entities to determine the responsibility and resources of each government organization that may respond to a gathering line emergency;

(c) Apprising fire, police, and other appropriate emergency response entities of the operator's ability to respond to a gathering line emergency;

(d) Identifying the types of gathering line emergencies about which the operator notifies fire, police, and other appropriate emergency response entities;

(e) Determining the manner in which the operator and fire, police, and other appropriate emergency response entities can engage in mutual assistance to minimize hazards to life or property; and

(f) Providing a copy of the emergency response manual to fire, police and other appropriate emergency response entities.

(7) An operator may incorporate the applicable spill prevention, control, and countermeasures plan into the emergency response manual.

Section 13. Abandonment.

(1) Each gathering line abandoned in place, unless otherwise agreed to be removed under a right-of-way or lease agreement, shall be;

(a) Disconnected from all sources and supplies of natural gas and petroleum;

(b) Purged of liquid hydrocarbons;

(d) Cut off three (3) feet below ground surface, or at the depth of the gathering line, whichever is less, and sealed at the ends.

(2) Prior to abandonment, the operator shall contact the division inspector and request a site scanning for naturally occurring radioactive materials to be conducted by the division inspector.

Section 14. Inspections.

(1) General. In accordance with the provisions of this administrative regulation, the division shall conduct inspections, studies, investigations or make other determinations reasonable and necessary to obtain information and evidence which shall ensure that the installation, reclamation and operation of gathering lines are conducted in accordance with the provisions of all applicable statutes and administration regulations, and all terms and conditions of the gathering line permit.

(2) Right of entry and access. Authorized employees of the division shall have unrestricted right of entry to all portions of the gathering line for any purpose associated with their duties pursuant to this administrative regulation, such as making inspections and delivering documents or information of any kind to persons responsible for or otherwise associated with the gathering line.

(3) Timing and frequency of inspections.

(a) The division shall determine the frequency of its inspections of gathering lines.

(b) Inspections shall ordinarily be conducted at irregular and unscheduled times during normal workdays, but may be conducted at night, on weekends or on holidays if necessary to properly monitor compliance with all applicable statutes and administrative regulations and the terms and conditions of the gathering line permit.

(c) The division shall have no obligation to give prior notice that an inspection shall be conducted or to obtain a warrant to do so.

(4) Citizen's request for inspection of a gathering line.

(a) Any citizen may request that the division conduct an inspection of a gathering line by furnishing to the division a signed statement or an oral report followed by a signed statement in which circumstances are set out which give the division reason to believe that a violation, condition or practice in violation of this administrative regulation or a permit condition exists, and setting forth a telephone number and address at which the person making the request can be contacted.

(b) The identity of any person supplying information to the division relating to a possible violation, condition, or practice in violation of this administrative regulation or permit condition shall remain confidential with the division if requested by that person, unless disclosure is required by law.

(c) Within a reasonable time, the division shall advise the person making the request for inspection or providing information to the division of the items in subparagraphs 1. and 2. of this paragraph.

If no inspection was conducted, an explanation of the reasons for which no inspection was conducted.
If an inspection was conducted, a description of the enforcement action taken, if any, or an explanation of why no enforcement action was taken.

(5) Notice of noncompliance. Any authorized representative of the division may issue to the operator a notice of noncompliance and order for remedial measures if, on the basis of an inspection, he finds a violation of this administrative regulation, any permit condition, or any other applicable requirement. The notice of noncompliance shall contain:

(a) The nature of the violation; and

(b) The provision of a period of forty-five (45) days from the date of issuance of the notice for the taking of corrective action or making of an agreement with the division, which may include a schedule for the accomplishment of interim corrective procedures, if appropriate. The director or his authorized representative may extend the time established for the taking of corrective action or for accomplishment of an interim remedial requirement for good cause shown.

Section 15. Order of Cessation and Immediate Compliance.

(1) Issuance.

(a) If the operator to whom a notice of noncompliance is issued fails to comply with the terms of the notice within the time for the taking of corrective action established in the notice of noncompliance or agreement made regarding corrective measures as subsequently extended, the director may issue to the operator an order for cessation and immediate compliance.

(b) The director may issue an order for cessation and immediate compliance if the director finds, on the basis of an inspection performed by any authorized representative, any condition or practice, any violation of this administrative regulation, or any violation of a term or condition of the applicable permit that:

Is creating or can reasonably be expected to create an imminent danger to the health or safety of the public; or
Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

(c) The director may issue an order for the cessation of installation and immediate compliance if he finds, on the basis of an inspection performed by any authorized representative, that gathering line installation is being conducted without a valid gathering line permit in accordance with this administrative regulation.

(2) Effect.

(a) The order for cessation and immediate compliance shall require the cessation of the operation of the gathering line or portion thereof that is the subject of the notice of noncompliance. The order shall also require the operator to whom it is issued to undertake any procedure reasonably necessary to abate the violation, condition, or practice in the most expeditious manner possible, such as the use of existing or additional personnel and equipment.

(b) The order shall remain in effect until the violation, condition, or practice has been abated and until the order is vacated, modified, or terminated in writing by the director.

(c) The operator shall continue to perform reclamation operations and other activities intended to protect public health, safety and the environment during the period of any cessation order unless the order requires that the reclamation operations and other activities cease.

(3) Modification, extension, and termination.

(a) The director may, by written notice, modify or terminate an order for cessation and immediate compliance issued under this section as established in this administrative regulation and may extend the time for abatement if the failure to abate within the period initially established was not caused by lack of diligence on the part of the operator to whom it was issued.

(b) The director may terminate an order for cessation and immediate compliance, by written notice to the operator to whom the order was issued, if the director determines that all violations, conditions, and practices noted in the notice of noncompliance have been abated. Termination of the order of cessation and immediate compliance shall not affect the right of the division to impose any other applicable sanction authorized by law.

Section 16. Penalties. An operator in noncompliance with the requirements of this administrative regulation is subject to the penalties established in KRS 353.991.

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Gathering Line Operator's License", Form OG-2, June 2019; and

(b) "Notification/Application for Gathering Line Permit: Installation, Reclamation and Operation Plan", Form OG-11, October 2019.

History

RELATES TO: KRS 353.160, 353.500(2), 353.590, 353.745, 353.991, 353.5901(1), 40 C.F.R. Part 112, 49 C.F.R. Parts 191, 192, 194, 195
STATUTORY AUTHORITY: KRS 349.115, 353.500(2), 353.540
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.540 authorizes the department to promulgate administrative regulations to administer KRS 353.500 to 353.720. KRS 353.500(2) requires the department to promulgate administrative regulations pertaining to gathering lines, in order to minimize their potential effects on the citizens and the environment of the Commonwealth. KRS 349.115 authorizes the department to promulgate administrative regulations to implement the coalbed methane program. This administrative regulation establishes provisions for the installation of gathering lines, reclamation of disturbed areas, and safety requirements of gathering lines as they pertain to oil and gas production operations.
History: 30 Ky.R. 1385; 1965; 2030; eff. 3-18-2004; 36 Ky.R. 193; 789; 1024; eff. 11-17-2009; TAm eff. 7-6-2016; Crt eff. 6-27-2018; 46 Ky.R. 691, 1515, 2072; eff. 2-3-2020.

805 KAR 1:210 Comment period for pooling of oil and gas shallow wells {#sec-805-kar-1-210 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:210}

Section 1. Opportunity for comment period. Any person having an oil or gas interest in any tract or portion thereof proposed to be pooled, including an unknown or nonlocatable owner, may submit written comments to the cabinet on a proposal for shallow well pooling. The comment period shall commence on the date of notice as defined by KRS 353.510(45). The division shall consider all written comments before rendering its final decision on the shallow well pooling proposal.

History

RELATES TO: KRS 353.510, 353.630, 353.640.
STATUTORY AUTHORITY: KRS 353.630.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.630 requires an applicant for pooling of oil and gas interests for shallow wells to provide notice to all persons reasonably known to have an oil or gas interest in any tract or portion thereof proposed to be pooled, and to unknown or nonlocatable owners and requires the department to consider written comments before rendering a final decision on shallow well pooling. This administrative regulation establishes the requirements related to comment periods on shallow well pooling proposals.
History: 805 KAR 001:210. 45 Ky.R. 560; eff. 10-4-2018; Crt eff. 9-30-2025.

805 KAR 1:220 Public liability insurance and self-insurers {#sec-805-kar-1-220 omnilex-key=us-ky-regs-official--title-805--805 KAR 1:220}

Section 1. Definitions.

(1) "Commissioner" is defined by KRS 349.010(6).

(2) "Guarantor" means a parent company whose financial statement is used by the applicant to obtain self-insurance status.

(3) "Public liability insurance" means insurance to protect against loss or liability by reason of personal injuries to persons other than employees and damage to property owned by third parties.

(4) "Service organization" means a person or entity which provides services including claims adjustment, safety engineering, computation of statistics, preparation of loss or tax reports, purchase of excess insurance, or preparation of any required self-insurance report.

(5) "Specific excess insurance" means an insurance policy, which insures the amount of a claim from one (1) occurrence involving one (1) or more claimants in the same occurrence or incident of exposure in excess of a specified dollar amount.

Section 2. Terms and Conditions for Liability Insurance.

(1) The applicant shall submit, as part of the permit application or maintain on file with the division, a certificate issued by an insurance company authorized to do business in Kentucky certifying that the applicant has a public liability insurance policy in force for the coal bed methane well and reclamation operation for which the permit is sought. The certification shall be on a Form CBM-16 as prescribed by the department. The public liability insurance policy shall provide for bodily injury and property damage coverage for all persons injured or property damaged as a result of coal bed methane well operations, including damage to water wells. Minimum insurance coverage for bodily injury and property damage shall be $300,000 for each occurrence and $500,000 aggregate, in accordance with KRS 349.040(3)(e).

(2) The public liability insurance policy shall be maintained in full force during the term of the permit or any renewal thereof, and until completion of all reclamation operations under these coal bed methane well administrative regulations, 805 KAR Chapter 9.

(3) The policy shall include a clause requiring that the insurer notify the department if any change whatsoever is made in the policy, including any termination of a policy or failure to renew the policy.

(4) The public liability insurance policy shall not contain a deductible to be paid by the applicant if there is a claim.

Section 3. Certification for Self-Insurers. A person shall not act as or hold itself out as an approved self-insurer unless approved by the department, in accordance with Section 5 of this administrative regulation. A certification issued by the department shall remain in effect on an annual basis, unless otherwise revoked pursuant to Section 11 of this administrative regulation. The department may prescribe additional security based upon the type, volume, and nature of risk being self-insured.

Section 4. Application for Certification of Self-Insurers.

(1) An initial application for approval as a self-insurer shall be submitted to the Department on Form CBM-12 and shall include:

(a) The self-insurer's name, location of its principal office, date of organization, identification of its immediate parent organization, if any, and its ultimate parent, the percentage shareholder ownership of its immediate parent organization, identification of its fiscal year and federal identification number. A subsidiary which is to be covered under the application, or who is already an approved self-insurer, shall be identified with the relationship to the applicant described fully;

(b) A statement of the principal business activities engaged in Kentucky by the applicant including a list of site locations and number of drilling units at each site;

(c) The proposed specimen specific excess insurance policy, identifying the insurance company, attachment points and limits of liability. A copy of the policy or certificate of insurance shall be received by the department at least five (5) days prior to certification of self-insurance;

(d) A copy of the proposed surety deposit or letter of credit instrument required by Section 5 of this administrative regulation. The surety shall be received by the department prior to certification to self-insure;

(e) A schedule of projected three (3) years claimant liabilities;

(f) Annual claims payment requirements for the five (5) years preceding the application;

(g) A certified audit report of the applicant's financial status for three (3) calendar years immediately preceding the application, prepared and executed by a certified public accountant;

(h) If the applicant is a corporation or a limited liability corporation, a resolution by the board of directors, authorizing and directing the corporation to undertake to self-insure;

(i) If the applicant is a subsidiary corporation, a guarantee from the subsidiary's parent corporation on Form CBM-13;

(j) An individual or service organization responsible for administration or adjustment of a claim shall provide satisfactory evidence to the department as to the organization's qualifications to administer and adjust public liability claims; and

(k) If a service organization is used, a statement from the service organization and self-insurer stating that the contract between the two (2) parties meets the requirements set forth in subsection (4) of this section.

(2) An applicant may perform, if qualified, a function of a service organization or may contract with a service organization to perform these functions. An applicant's or service organization's employees and agents shall be duly licensed to perform those functions for which a license is required by Kentucky law.

(3) The application shall be filed no later than ninety (90) days prior to the proposed inception date of self-insurance. Upon receipt of a complete application and all required documents, the department shall approve or reject status as a self-insurer within ninety (90) days.

(4) A contract with a service organization shall include one (1) of the following provisions:

(a) The service organization shall adjust to a final conclusion each claim that results from an occurrence during the period for which the contract is effective unless a substitute service organization has been procured; or

(b) The service organization shall adjust each claim for a period of sixty (60) days following an order from the department finding the self-insurer in default unless a substitute service organization has been procured.

(5) Variation from the requirements of this section, if an applicant is unable to meet all requirements, may be sought by application to the department. The department may prescribe additional security based upon the type, volume, and nature of risk being self-insured.

Section 5. Approval of Self Insurer Certification.

(1) In determining whether an applicant is eligible for self-insurance and in establishing the amount of surety required, the department shall consider all relevant factors including the following:

(a) The financial strength of the applicant or guarantor;

(b) The excess insurance policy and retention level;

(d) The ratio of current assets to current liabilities, the ratio of long-term debt to net worth, and shareholder equity;

(e) Profit and loss history;

(f) Five (5) year liability loss history of the applicant;

(g) The prospect of increased losses by the self-insurer's bankruptcy or cessation of operations in Kentucky;

(h) The number of drilling units and degree of hazard to which the public is exposed; and

(i) Safety programs.

(2) In order to be certified as a self-insurer, the applicant or guarantor shall have assets in excess of all liabilities of at least $3,000,000. Variance from this requirement may be granted to a currently certified individual self-insurer who has demonstrated excellent claims paying capability and over-all financial stability.

(3) Approval shall be granted if the department finds that:

(a) The applicant has complied with all sections of this administrative regulation; and

(b) Persons responsible for the operations of the applicant are financially stable, competent, and experienced in the administration of self-insurance liabilities and claims.

Section 6. Specific Excess Insurance and Surety Requirements.

(1) The department may require that specific excess insurance be purchased with a coverage limit of at least $300,000 per occurrence and $500,000 aggregate, with no deductible to be paid by the insured if there is a claim. The department may also require that aggregate excess insurance be purchased, with no deductible to be paid by the self-insured if there is a claim. In fixing the amount of aggregate coverage that must be purchased, the department shall consider all relevant factors including liability associated with anticipated claims.

(2) To be eligible to write specific excess insurance for a self-insurer in Kentucky, a casualty insurance company on its latest annual statutory financial statement filed with the department shall reflect a minimum policyholder surplus of not less than $25,000,000. The casualty insurance company shall have demonstrated excellent overall performance and a strong ability to meet its obligations to policyholders over an extended period of time.

(3) Each applicant who qualifies for a self-insurance certificate shall, prior to the certificate being issued, provide primary security in the form of a continuous surety bond on Form CBM-14 or by irrevocable letter of credit on Form CBM-15, in an amount specified by the department, but not less than $500,000. In fixing the amount of security, the department shall consider all relevant factors including liability associated with anticipated claims.

(4) In lieu of a bond with security or letter of credit, the self-insurer may deposit cash in an amount specified by the department, but not less than $500,000. To be acceptable, a security which is deposited shall be eligible under the laws of Kentucky for investment by insurance companies, as provided in KRS Chapter 304, Subtitle 7.

Section 7. Coverage of Subsidiary or Related Corporations. A corporation having a wholly-owned subsidiary may submit one (1) joint application to the department, if the parent corporation has sufficient assets to qualify for a self-insurance certificate for both itself and the subsidiary. A joint application shall be accompanied by a certificate of the secretary of each corporation indicating that their respective boards of directors have by resolution authorized joint and several liability for all claims asserted against them. These certificates shall be effective until revoked by the corporations following thirty (30) days written notice to the department.

Section 8. Examination and Review of Filings. A certified public accountant or actuary may be employed by the department for the purpose of reviewing and analyzing the annual filings of individual self-insurers, and applicants for self-insurance, and for making recommendations based on that review.

Section 9. Cessation Liability Security.

(1) Cessation liability security shall be distinct from the primary security required in Section 6 of this administrative regulation.

(2) Upon cessation of all operations of a self-insurer in the Commonwealth of Kentucky, cessation liability security shall be called for payment of a claim after all other security posted by the self-insurer has been exhausted.

(3) Cessation liability security shall be issued in one (1) or more of the following forms:

(a) A surety bond or insurance policy issued by a casualty insurance company qualified pursuant to Section 6 of this administrative regulation;

(b) An escrow account; or

(4) If a self-insurer secures its liability obligations by obtaining standard insurance "tail" coverage, the department may release the cessation liability security, effective as of the date acquiring other coverage.

Section 10. Annual filings.

(1) A self-insurer shall file with the department on or before 120 days from the end of the self-insurer's fiscal year:

(a) The statement of financial condition, including balance sheet, income statement, cash flow statement, and narrative summary of current year operations;

(b) Total claims, both reported and incurred but not reported, for the prior fiscal year, the projected total claims for the next year by quarter, and other reasonable information requested by the department, including relevant claim data; and

(c) If a service organization is used, a statement from the service organization and self-insurer stating that the contract between the two (2) parties meets the requirement set forth in Section 4(4) of this administrative regulation.

(2) At least ten (10) days prior to the end of each fiscal year, the self-insurer shall file proof of specific excess insurance and aggregate excess insurance for the following year with the department, if required.

(3) If the annual required filings are not timely made, the self-insurance certificate shall not be renewed.

Section 11. Change in Ownership; Subsidiaries; Mergers and Acquisitions.

(1) If there is a change in majority ownership of a parent company, the self-insurer shall notify the department within thirty (30) days of that change. A new application to self-insure shall be filed upon a change in ownership.

(2) If another entity is added, merged, acquired, or otherwise brought within the self-insurance coverage, the self-insurer shall notify the department within thirty (30) days, and the adequacy of the surety bond shall be reviewed and shall be increased accordingly.

(3) If the claim liabilities of the self-insurer during a quarter exceeds 150 percent of the projection previously filed, the self-insurer shall immediately report that change to the department, and the adequacy of the surety bond requirements shall be reviewed and the bond shall be increased accordingly.

Section 12. Revocation or Modification of Certification.

(1) If the department receives information furnishing reasonable grounds to believe that the self-insurer is not meeting, or may not be able to timely meet, all of its obligations arising under KRS Chapter 349 or this administrative regulation, a show cause order shall be issued to the self-insurer detailing the purported deficiency and setting a time and place for hearing, pursuant to KRS Chapter 13B.

(2) The department may revoke the self-insurance certification upon a finding that any of the following conditions exist:

(a) The self-insurer is operating in:

Contravention of its submitted application; or
In material violation of this administrative regulation;

(b) The self-insurer or parental guarantor no longer has the financial stability to assure its ability to meet its obligations for the payment of liabilities and claims;

(c) The self-insurer has failed or refused to provide access to the books and documents relating to the self-insurance activities of the entity, if requested by the department; or

(d) The self-insurer has failed to respond or appear before the department.

(3) Self-insurance certification may be revoked by the department after issuance of a show cause order setting forth the grounds of revocation and an opportunity for a hearing, pursuant to KRS Chapter 13B. The hearing shall be conducted pursuant to Section 14 of this administrative regulation. During the pendency of a hearing or appeal, the department may utilize the surety deposit provided by the self-insurer to make a payment of actual claims which are currently due for which a payment is not being made by the self-insurer or its service organization.

Section 13. Notice of Cancellation of Excess Coverage.

(1) Insurance carriers shall notify the department at least sixty (60) days prior to cancellation or nonrenewal of excess insurance or aggregate excess insurance for any self-insurer required to maintain insurance.

(2) If the insurance carrier fails to notify the department pursuant to this section, the cancellation or nonrenewal shall be deemed void from the beginning and coverage shall remain in force and effect.

Section 14. Aggrieved Parties.

(1) A person aggrieved by an action of the department may request a hearing by filing a written request with the department setting forth the basis. Upon receipt of a request, the department shall issue a notice of hearing to be held pursuant to KRS Chapter 13B.

(2) Hearing shall be conducted pursuant to KRS Chapter 13B. The department's final order may revoke or modify a self-insurance certification or allow a self-insurer to continue to self-insure subject to certain terms and conditions.

(3) The final order of the department may be appealed to the Franklin Circuit Court in accordance with KRS 13B.140.

Section 15. Role of the Office of Insurance. The department may seek advice and recommendations from the Office of Insurance concerning the filing and analysis of submissions and data related to an insured or self-insured entity's compliance with insurance or self-insurance regulatory requirements. Any Memorandum of Understanding entered between the department and the Office of Insurance shall limit the Office of Insurance to an advisory role, only. The approval of insurance certifications, applications for self-insurance, and all other compliance decisions shall remain with the department.

Section 16. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "Coal Bed Methane Operator's Application for Approval to Self-Insure," Form CBM-12, Jan. 2005;

(b) "Self-Insurers' Guarantee Agreement," Form CBM-13, Jan. 2005;

(d) "Irrevocable Letter of Credit," Form CBM-15, Jan. 2005; and

(e) "Certificate of Liability Insurance," Form CBM-16, Jan. 2005.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Natural Resources, Division of Oil and Gas Conservation, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 13B, 349.040
STATUTORY AUTHORITY: KRS 349.040, 349.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 349.115 requires the Department for Natural Resources to promulgate administrative regulations necessary to implement KRS Chapter 349. KRS 349.040(3)(e) requires applicants to maintain public liability coverage or be self-insured, and requires the department to establish requirements for self-insurers. This administrative regulation establishes minimum requirements for public liability insurance and for public liability self-insurers.
History: 31 Ky.R. 1478; 1969; eff. 6-8-2005; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Recodified from 805 KAR 009:100; eff. 7-10-2019; Crt eff. 5-21-2025.

Chapter 2 Diesel Equipment

805 KAR 2:010 Underground coal mine usage {#sec-805-kar-2-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 2:010}

Section 1. General Requirements for the Use of Diesel Equipment.

(1) Only diesel equipment bearing approval plates of permissibility issued by the Federal Mining Enforcement and Safety Administration and approved for use by the Kentucky Department for Natural Resources will be allowed in underground coal mines of the State. No diesel powered machinery may be taken into any underground coal mine of the State of Kentucky without the written approval of the Commissioner of Mines and Minerals. The approval for use shall incorporate all the requirements of these administrative regulations. If at any time the commissioner determines that any condition or practice permitted under this approval may threaten the health or safety of the employees, he may impose additional requirements for the purpose of eliminating the condition or practice.

(2) If technical, scientific or engineering information is gained indicating that approved diesel machinery may be used in a manner which will afford workmen equal or greater protection than afforded by the provisions of these administrative regulations, the commissioner may approve the use of the machinery in the manner which provides equal or greater protection.

(3) Mining Enforcement and Safety Administration approval of the permissibility of mobile diesel powered transportation equipment (hereinafter referred to as diesel machine(s)) means only that the particular machine has met certain specific requirements of design and performance, but such approval does not guarantee that it is impossible to use a permissible machine in an unsafe manner. The manufacturer must develop equipment that will meet the particular requirements for approval, but it is the user's responsibility to see that the equipment is maintained in permissible condition and is used in a permissible manner. In addition to proper maintenance, the use of diesel machines underground involves certain other factors, such as ventilation, which are of equal importance in establishing safe operating conditions. It is absolutely essential to observe the requirements of these administrative regulations in operating and maintaining such machines to avoid impairing their permissible status and thus defeat the protective features that are necessary for their safe use.

(4) Engine adjustments shall be verified by the manufacturer as being correct before each permissible diesel machine is operated in a coal mine.

(5) Alteration in design, substitution of components or subassemblies, or changes in conditions of operating permissible diesel machines shall not be made without prior concurrence of the Kentucky Department for Natural Resources and the Mining Enforcement and Safety Administration. When such changes are permitted additional engine tests and adjustments shall be required as necessary to ensure the safe operation of the particular machine in a coal mine.

Section 2. Proper Ventilation to be Maintained for the Mines in Which Diesel Powered Equipment is Used.

(1) The use of diesel machines underground shall be restricted to haulageways and working places where positive (controlled flow) ventilation is maintained.

(2) The ventilating air in all mine workings where diesel machines are operated shall not contain combustible or other contaminating gases in such concentration that will affect combustion in the diesel engine by materially increasing production of toxic (poisonous) or other objectionable constituents in the engine exhaust.

(3) Each set of producing entries in which diesel powered equipment is used shall be placed on a separate split of air.

Section 3. In mines using diesel powered equipment the quantity of ventilating air must meet the following standards:

(1) In addition to the amount of air required by the Kentucky Mining Law, at least 6,000 cubic feet of air per minute shall be provided for each diesel unit used in a working section of a mine. The air measurement shall be taken in the last open entry crosscut. If these locations cannot be used due to pillaring, the measurements shall be taken at the intake and return of the section. The quantity of ventilating air shall be adequate to dilute the toxic and/or objectionable constituents of the engine exhaust so that the composition of the air in each haulageway and working place connected thereto will meet authoritative standards for safe healthful working environment.

(2) The minimum quantity of ventilating air that must be supplied for a permissible diesel machine in a given time shall conform to that shown on the approval plate attached to the particular machine.

(3) The quantity of ventilating air in mine workings where diesel machines are operated shall be measured once during each working shift and a record of each measurement shall be kept in a book provided for this purpose.

(4) No person shall incorporate any device in the exhaust system of a permissible diesel machine that has not been approved in the tests that determine the permissibility of the machine.

Section 4. Maintaining Proper Quality Air in Mines that Use Diesel Powered Equipment.

(1) The air supplied for ventilation where diesel machines are used in coal mines shall contain not less than twenty and five-tenths (20.5) percent, by volume, of oxygen (dry basis) and not more than one (1.00) percent, by volume, of methane.

(2) The ventilating air in working places where diesel machines are operated shall be sampled and analyzed chemically often enough to assure that the composition of the engine intake air conforms with requirements stated in subsection (1) of this section and that the concentrations of contaminants, such as carbon dioxide, carbon monoxide, and oxides of nitrogen, when added to the ventilating air by the diesel-engine exhaust shall meet authoritative standards for safe healthful working environment.

(3) Ventilation and machine-operating conditions shall maintain the composition of the air in the pertinent mine workings so that the tolerable limits stated in subsections (1) and (2) of this section will not be exceeded.

(4) Diesel-engine exhaust shall not contain black smoke.

(5) When the conditions of the quality of air stated in subsections (1), (2), and (3) of this section are not maintained, as determined by analysis or other observation operation of diesel machines shall be stopped until the requirements of air quality are complied with.

(6) Records shall be kept of all air analyses and of any changes(s) in ventilation or diesel engine adjustment resulting from the analyses.

Section 5. Maintenance of diesel machines to be maintained according to the following rules:

(1) The maintenance of diesel machines in permissible condition shall be delegated only to authorized, competent persons.

(2) Engine intake and exhaust systems shall be inspected visually at least once each working shift. Other diesel machine components shall be inspected in accordance with instructions of the manufacturer. Records shall be kept of the inspections.

(3) Maintenance, inspection and repair work shall be done in accordance with instructions of the manufacturer. Records shall be kept of maintenance, inspection and repair work.

Section 6. The Maintenance of the Engine-fuel-injection System.

(1) Injection values.

(a) Injection values shall be maintained in proper operating condition. Particular attention shall be given to preventing imperfect atomization or distribution of the fuel.

(b) Replacements of worn or broken injection valves shall be identical with those on the engine when the diesel machine was approved as permissible.

(2) Fuel pump.

(a) The engine fuel pump shall be sealed or locked to prevent tampering. The seal shall be broken only by an authorized competent person, when necessary to reset the fuel pump, after which the pump shall be resealed.

(b) Resetting of the stop limiting maximum fuel injection of the fuel pump shall be identical with the original setting provided by the manufacturer.

(c) Each shop or facility in which diesel engines are serviced shall be provided with equipment for properly measuring the quantity of fuel delivered by the fuel pump when operating at maximum fuel setting, or such adjustments shall be made only by a competent diesel service organization where such equipment is available.

(d) The fuel pump shall be set to deliver the maximum weight of fuel specified in the certifications provided by the Mining Enforcement and Safety Administration and the Kentucky Department for Natural Resources.

(e) When operating a diesel engine at altitudes exceeding 1,000 feet above sea level, the maximum quantity of fuel injected by the fuel pump shall be set in accordance with the liquid fuel rate-altitude table provided in the manufacturer's caution statement.

Section 7. The Procedures to Follow in Inspection and Maintenance of Engine-intake System.

(1) The engine-intake system including flame arrester(s), air cleaner, and all joints shall be inspected at intervals according to the manufacturer's general maintenance instructions.

(2) Inspection of the engine-intake system shall include tightness of all joints and cleanliness of flame-arrester surfaces.

(3) Periodic measurements shall be made of the vacuum in the engine-intake system to determine whether the air cleaner and flame arrester(s) require cleaning.

(4) The air cleaner of the engine-intake system shall be maintained in accordance with the manufacturer's instructions. The normal oil-filling level shall not be exceeded.

Section 8. When and How to Inspect and Maintain the Engine-exhaust System.

(1) The engine-exhaust system, including flame arrester(s), conditioner or cooling boxes, shutoff mechanism, water spray, and exhaust-dilution system shall be inspected at intervals according to the manufacturer's general maintenance instructions.

(2) Periodic measurements shall be made of the positive pressure in the engine-exhaust system to determine whether the exhaust flame arrester requires cleaning.

(3) The water supply for the exhaust-gas cooling system shall be replenished by an authorized person at the beginning of each working shift.

(4) When salts from the evaporation of water in the exhaust-gas cooling system are deposited on auxiliaries, such as cooling boxes, conditioners and other parts of the system, such auxiliaries shall be flushed with water and cleaned to remove the salt deposits, as well as soot filtered from the exhaust gas.

(5) Float valves shall be serviced at intervals according to the manufacturer's instructions to maintain them in good operating condition.

(6) Functioning of the fuel shutoff mechanism actuated by the exhaust-gas temperature, shall be tested at least once every three (3) months. This test shall be made in a safe place; not in active face workings of a coal mine.

(7) All heated surfaces of the diesel engine shall be inspected and cleaned at intervals frequent enough to ensure that such surfaces are kept free of combustible materials, such as coal dust, diesel fuel, lubricants, and rags or waste.

(8) The exhaust-gas dilution system shall be inspected and cleaned at intervals frequent enough to ensure safe dilution of the exhaust gas when it is discharged from the diesel engine.

(9) Whenever the diesel-engine exhaust is smoky or objectionable odors are emitted in the exhaust, the cause shall be investigated immediately and corrected in accordance with the manufacturer's instruction.

Section 9. The Use and Maintenance of Electrical Components of Diesel Equipment.

(1) Locks and seals. Electrical parts, such as battery boxes and headlights, shall be provided with locks and seals that are maintained where required to preserve the permissible status of a permissible diesel machine.

(2) Fastenings. Joints in motor casings, starting switch enclosures, headlights, and other parts that are subject to arcing during normal operation shall be fastened securely. All bolts, cap screws, and other means of joining parts of casings and enclosures shall be kept in their proper places and secured tightly.

(3) Wiring and conduit.

(a) Wiring insulation shall be maintained in good condition and when worn or abraded shall be replaced with well-insulated wiring.

(b) Rubber hose, steel pipe, and other types of conduit for wiring shall be supported firmly at each end and between ends when the lengths are such as to require additional support. Conduit and other means of protecting wiring shall be kept in place and maintained in condition equivalent to that provided by the manufacturer for the permissibility tests.

(4) Headlight and instrument lenses. Lenses forming part of the explosion-proof casings of headlights or enclosures of instruments shall be held securely in place. Cracked lenses shall be replaced immediately.

(5) Overload and short-circuit protection. Tampering with fuses, relays or other means supplied by the manufacturer for overload and short-circuit protection of wiring and electrical parts shall not be permitted, nor shall the use of substitutes that nullify such protection be permitted.

(6) Battery. Battery-cell tops shall be maintained free of electrolyte and other foreign material. Connections between battery cells shall be kept tight and free of corrosion.

Section 10. Fuel Usage in Diesel Powered Equipment.

(1) Specifications.

(a) The fuel for diesel engines of machines approved for service in underground mines shall conform to the equipment manufacturer's specifications for viscosity, pour point, cetane number, carbon residue and water. The flash point shall be not less than 140 degrees Fahrenheit, and the sulphur contents shall not exceed five-tenths (0.5) percent by weight.

(b) Only distillate fuel shall be used in engines of permissible diesel-powered transportation equipment for underground mines.

(2) Storage and handling.

(a) Fuel taken underground shall be transported only in strong, tight metal containers that are provided with efficient closing devices.

(b) The quantity of fuel stored underground shall not exceed that required for twenty-four (24) hour operation of all diesel machines in use.

(c) Fuel taken underground and awaiting transfer to diesel machine fuel tanks shall be stored in a closed compartment, constructed of incombustible materials, and shall be kept in a well-ventilated location, the return air from which shall not pass through any active mine workings.

(d) The walls of a fuel-storage compartment shall form a liquid tight joint with the bottom of mine floor. Any opening in the fuel-storage compartment, such as a doorway, shall be provided with a sill high enough to form a catch-basin in the storage compartment to retain spilled fuel. The capacity of the catch-basin shall be large enough to hold the maximum quantity of fuel that is permitted to be stored underground.

(e) Diesel machine fuel tanks shall be filled only at the fuel-storage compartment. Fuel shall be transferred from the storage compartment to a machine fuel tank through flexible hose that is fitted with a self-closing value.

(f) The fuel-handling system and the diesel machine shall be frame grounded when fuel is being transferred from the storage compartment to the machine fuel tank.

(g) The air vents on fuel-handling equipment shall be flameproof.

(h) When fuel is being transferred from the storage compartment to the machine fuel tank, the diesel engine shall be stopped.

(i) A supply of sand or other suitable incombustible material shall be available during the transfer of fuel from the storage compartment to the machine fuel tank for absorbing spilled fuel.

(j) All drain plugs in the fuel-handling system shall be threaded and sealed or locked in the closed position to prevent unintentional opening.

(k) Only trained authorized persons shall be permitted to handle fuel for diesel machines.

(l) In fuel-handling operations, precautions shall be observed to keep the fuel clean and free from contamination by foreign material, such as dirt, sediment and water.

(m) Fuel filters on diesel engines shall be cleaned regularly and repaired promptly as conditions require.

Section 11. Types of Fire Extinguishers Used and their Storage. Liquid carbon dioxide or pressurized dry-chemical fire extinguishers shall be installed at underground repair shops, machine barns, and fuel shortage compartments.

Section 12. Maintenance of Underground Repair Shops and Machine-storage Barns.

(1) Ventilation.

(a) Underground repair shops and diesel machine-storage barns shall be ventilated by a separate air split between the intake and return airways.

(b) When diesel machines are operated in underground repair shop or storage barn, or in the event of fire, arrangements shall be made to conduct the products of combustion therefrom directly to the return airway.

(2) Construction.

(a) Underground repair shops and machine-storage barns shall be lined with nonabsorbent, incombustible material. Doors to other means of closure shall be constructed of similar incombustible material.

(b) Floors of underground repair shops and machine-storage barns shall be impervious to oil and shall be so graded as to provide natural drainage to a sump or catch-basin to collect spilled oil.

(c) Spilled oil shall be cleaned up and removed from the sump or catch-basin promptly and stored in closed metal containers until disposed of on the surface.

(3) Repair operations. Welding or other operations that might create a fire hazard shall not be done unless precautions are observed to prevent inadvertent ignition of diesel fuel or lubricants.

(4) Miscellaneous. A supply of sand or other incombustible material shall be kept in underground repair shops and machine-storage barns to aid in firefighting and to absorb spilled diesel fuel or lubricants.

Section 13. General Conditions Governing the Operation of Diesel-powered Equipment in Underground Mines.

(1) The operation of diesel equipment in underground coal mines in Kentucky shall be under the supervision of a foreman holding a Kentucky Mine Foreman Certificate.

(2) Not more than two (2) diesel shuttle cars will be permitted to operate at the same time in a single air split. Provided, however, that the Commissioner of Mines and Minerals may if he determines that the safety or health of the employees will not be jeopardized, permit additional shuttle cars to be used.

(3) No diesel equipment will be permitted to operate in any section of a mine where room entries exceed 3,000 feet in depth.

(4) The engine of a shuttle car shall be shut down at all times when not in use (that is, it must not be allowed to idle more than absolutely necessary).

(5) If the engine exhaust becomes more noticeable than normal, the equipment shall be removed from the faces and shut down until the proper repairs can be made to correct this condition.

(6) All employees working in sections where diesel equipment is used shall be furnished with self-rescue respirators which they shall carry at all times while on duty in the mine.

(7) No person who works in close proximity to mobile diesel equipment throughout the shift shall be permitted to work more than a ten (10) hour continuous shift in any twenty-four (24) hours.

(8) Access to all company records such as maintenance, repairs, fuels, ventilation, etc., pertaining to the use of the underground diesel equipment shall be made available to representatives of the Kentucky Department for Natural Resources upon request. The mine operator shall keep and make available other pertinent records as prescribed by the Kentucky Department for Natural Resources.

(9) The operation of any diesel machine in any manner or under any condition that does not comply with the requirements of these administrative regulations shall be considered by the department as voiding its approval for underground use.

(10) Terminology used in these administrative regulations is consistent with that of KRS 351.010 and 352.010 unless the context requires otherwise.

History

RELATES TO: KRS 352.050(1)
STATUTORY AUTHORITY: KRS 352.050(1), 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to permit the use of diesel powered equipment in underground mines for the purpose of reducing the number of electrocutions and mine fires from electrical cables.
History: CM-Rg-1-1.01-1.13; 1 Ky.R. 168; eff. 12-11-1974; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 4-17-2025.

Chapter 3 Mining Safety Standards

805 KAR 3:010 Definitions {#sec-805-kar-3-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:010}

Section 1. Definitions.

(1) "Accepted" means tested and approved for a specific purpose by a nationally recognized safety agency.

(2) "Active workings" means any place in a coal or clay mine where miners are normally required to work or travel in the performance of their duties.

(3) "American Table of Distances" means the current edition of "the American Table of Distances for Storage of Explosives" published by the Institute of Makers of Explosives.

(4) "ANFO" means ammonium nitrate-fuel oil mixtures.

(5) "Barricaded" means obstructed to restrict the passage of persons, vehicles or flying materials.

(6) "Berm" means a pile or mound of material capable of restraining a vehicle; also a shelf, ledge, or material placed to contain loose slope material.

(7) "Blasting agent" means a cap insensitive chemical composition or mixture consisting of fuel and oxidizer and no explosive ingredient but which can be made to detonate when initiated with a high strength explosive primer.

(8) "Blasting area" means the area near blasting operations in which concussion or flying material can reasonably be expected to cause injury.

(9) "Blasting cap" means a detonator containing a charge of detonating compound, which is ignited by electric current or the spark of a fuse and used for detonating explosives.

(10) "Blasting circuit" means electric circuits used to fire electric detonators or to ignite an igniter cord by means of an electric starter.

(11) "Blasting switch" means a switch used to connect a power source to a blasting circuit.

(12) "Box-type magazine" means a small, portable magazine used to store limited quantities of explosives or detonators for short periods of time in locations at the mine which are convenient to the blasting sites at which they will be used.

(13) "Capped fuse" means a length of safety fuse to which a detonator has been attached.

(14) "Capped primer" means a package or cartridge of explosives which is specifically designed to transmit detonation to other explosives and which contains a detonator.

(15) "Combustible" means capable of being ignited and consumed by fire.

(16) "Company official" means a member of the company supervisory or technical staff.

(17) "Competent person" means a person having abilities that fully qualify him to perform the duty to which he is assigned.

(18) "Detonating cord" or "detonating fuse" means a flexible cord containing a core of high explosive.

(19) "Detonator" means a device containing a small detonating charge that is used for detonating an explosive, including but not limited to blasting caps, exploders, electric detonators, and delay electric blasting caps.

(20) "Distribution box" means a portable apparatus with an enclosure through which an electric circuit is carried to one (1) or more cables from a single incoming feedline, each cable circuit being connected through individual overcurrent protective devices.

(21) "Electric blasting cap" means a blasting cap designed for and capable of being initiated by means of an electric current.

(22) "Electric grounding" means to connect with the ground to make the earth part of the circuit.

(23) "Employee" means a person who works for wages or salary in the service of an employer.

(24) "Employer" means a person or organization employing one (1) or more persons to work for wages or salary.

(25) "Explosive" means any chemical compound, mixture or device the primary or common purpose of which is to function by explosion and include black powder, dynamite, nitroglycerine, fulminate, and ammonium nitrate when mixed with a hydrocarbon plus high explosive ingredients.

(26) "Face or wall" means that part of any mine where excavating is progressing or was last done.

(27) "Flammable" means capable of being easily ignited and of burning rapidly as defined by the National Fire Protection Association.

(28) "Highway" means any public road or travelway used by the general public.

(29) "Ignited cord" means a fuse, cordlike in appearance, which burns progressively along its length with an external flame at the zone of burning, and is used for lighting a series of safety fuses in the desired sequence.

(30) "Inhabited building" means a building regularly occupied in whole or in part as a habitation for human beings or any church, schoolhouse, railroad station, store, factory, or other structure where people are accustomed to assembly, but does not include any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives.

(31) "Magazine" means a storage place for explosives or detonators.

(32) "Major electrical installation" means an assemblage of stationary electrical equipment for the generation, transmission, distribution or conversion of electric power.

(33) "Misfire" means the complete or partial failure of a blasting charge to explode as planned.

(34) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

(35) "Primer" or "booster" means a package or cartridge of explosives which is designated specifically to transmit detonation to other explosives and which does not contain a detonator.

(36) "Qualified person" means, as the context requires:

(a) An individual deemed qualified by the commissioner and designated by the operator to make tests and examinations; and

(b) An individual deemed by the commissioner to be qualified by training, education, and experience to perform electrical work, to maintain electrical equipment and to conduct examinations and make tests of electrical equipment used at the mine for which he is assigned such responsibility.

(37) "Reverse-current protection" means a method or device used on direct-current circuits of equipment to prevent the flow of current in the reverse direction.

(38) "Roll protection" means a framework or safety canopy to protect the vehicle operator if equipment should overturn.

(39) "Safety can" means an approved container of not over five (5) gallons capacity having a spring-closing lid and spout cover.

(40) "Safety fuse" means a train of powder enclosed in cotton, jut yarn, and waterproofing compounds which burns at a uniform rate and used for firing a cap containing the detonating compound, which in turn sets off the explosive charge.

(41) "Safety switch" means a sectionalizing switch that also provides shunt protection in blasting circuits between the blasting switch and the shot area.

(42) "Scaling" means removal of insecure material from a face or highwall.

(43) "Secondary safety connection" means a second connection between a conveyance and rope, intended to prevent the conveyance from running away or falling in the event the primary connection fails.

(44) "Semiconductive hose" means hose having an electrical resistance of not less than 5,000 ohms per foot and not more than two (2) megohms for its total length, used in pneumatic placement of blasting agents in bore holes.

(45) "Sprung hole" means a blasting hole chambered or enlarged to take an increased charge of explosives.

(46) "Stemming" means the placing of material on top of any charge of explosives.

(47) "Stray current" means that portion of a total electric current that flows through paths other than the intended circuits.

(48) "Substantial construction" means construction of such strength, material and workmanship that the object will withstand all reasonable shock, wear, usage and deterioration to which it will normally be subjected.

(49) "Suitable" means that which fits and has the qualities or qualifications to normally meet a given purpose, occasion, condition, function, or circumstance.

(50) "Travelway" means a passage, walk or way regularly used and designated for person to go from one (1) place to another while at work.

(51) "Wet drilling" means the continuous application of water to the back or bottom of the drill holes while drilling.

(52) "Working place" means any place in or about a mine where work is being performed.

History

RELATES TO: KRS 351.010, 352.010
STATUTORY AUTHORITY: KRS Chapter 13A, 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes definitions of important terms used in the administrative regulation of the operation of surface coal and clay mines, which include strip and auger mining operations.
History: SMS-1; 1 Ky.R. 847; eff. 5-14-1975; 20 Ky.R. 424; 796; eff. 9-22-1993; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:020 General standards {#sec-805-kar-3-020 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:020}

Section 1. General Standards for Coal and Clay Mines.

(1) Each mine shall be under the supervision of a foreman certified under conditions set forth by the department. Where operations are so extensive that the foreman cannot personally visit all the mine workings, he/she shall employ certified assistants who shall be subject to the same requirements as the foreman.

(2) Each place of work shall be visited by a certified foreman or his/her assistant at the beginning of and at least once each shift and more frequently as necessary to ensure that work is being done in a safe manner.

(3) No employee shall be assigned, allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his/her safety unless he/she can communicate with others, can be heard or can be seen.

(4) When work is performed after dark, the areas of drilling, blasting, stripping, and loading shall be properly illuminated.

(5) A certified person shall be in charge at all times when the mine is in operation.

(6) Where telephone service is not available, emergency communications shall be provided to the nearest point of assistance.

(7) Arrangements shall be made in advance for obtaining emergency medical assistance and transportation for injured persons.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 13A.100, 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes general operating safety standards controlling the operation of the Commonwealth's surface coal and clay mines, which include strip and auger mining operations.
History: SMS-12; 1 Ky.R. 848; eff. 5-14-1975; 11 Ky.R. 1895; eff. 7-9-1985; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:030 Ground control {#sec-805-kar-3-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:030}

Section 1. Ground Control.

(1) Practices and standards acceptable to the commissioner for the safe control of surface mine walls, including the overall slope of the mine wall, shall be established and followed by the operator. Such standards shall be consistent with sound engineering, the nature of the ground and the seam mined, and the ensuring of safe working conditions according to the degree of slope. Mining methods shall be selected which will provide wall stability, including benching, if necessary, to obtain a safe overall slope.

(2) All loose and hazardous material shall be stripped for safe distance from the edge of the highwall.

(3) The width and height of benches shall be governed by the type of equipment to be used and the operation to be performed.

(4) Safe means of scaling walls shall be provided. Loose material or trees on exposed wall areas shall be removed before any other work is performed in the exposed wall area.

(5) Men shall not work under dangerous walls. Hazardous overhanging walls shall be taken down immediately and other unsafe ground conditions shall be corrected promptly, or the areas shall be barricaded or posted.

(6) When removing rock by hand, men shall approach loose rock and areas on walls to be scaled from above and shall scale from a safe location.

(7) The supervisor or a competent person designated by him shall examine working areas and faces of walls for unsafe conditions at least at the beginning of each shift, during the shift while men are working, and after blasting. Any unsafe condition found shall be corrected before any further work is performed at the immediate area or face at which the unsafe condition exists.

(8) Men shall examine their working places before starting work and frequently thereafter and any unsafe condition shall be reported immediately to the supervisor before any other work is performed.

(9) Large boulders requiring secondary blasting shall be in a safe location before they are drilled or broken.

(10) Men shall not be permitted to work between equipment and the mine wall where the equipment may hinder escape from falls or slides of the walls unless special safety precautions are taken in advance.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards governing ground control in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-2; 1 Ky.R. 848; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:040 Fire prevention and control {#sec-805-kar-3-040 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:040}

Section 1. Fire Prevention and Control.

(1) No person shall smoke or use an open flame where flammable or combustible liquids or greases are stored or in areas or places where fire or explosion hazards exist.

(2) Signs warning against smoking and open flames shall be posted so they can readily be seen in areas or places where fire or explosion hazards exist.

(3) Areas surrounding flammable liquid storage tanks and electric substations and transformers shall be kept free from grass (dry), weeds, underbrush and other combustible materials for at least twenty-five (25) feet in all directions.

(4) Fires used for warning purposes shall be enclosed to prevent persons from coming in contact with flame or coals which would ignite clothing. Oily or easily ignited clothing shall not be worn where ignition hazards are present.

(5) Buildings or rooms in which oil, grease, flammable liquids, or similar flammable materials are stored shall be of fire-resistant construction and well ventilated. Provisions shall be made to control spilled flammable liquids.

(6) Abandoned electrical circuits shall be deenergized and isolated so that they cannot become energized inadvertently. If no further use is intended, they shall be removed.

(7) Combustible materials, grease, lubricants, or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.

(8) Materials, such as oily waste and rags, which are subject to spontaneous combustion shall be placed in tightly covered metal containers until disposed of properly.

(9) When flammable solvents are used for cleaning, such solvents shall be transported in safety cans of not over five (5) gallon capacity. When used to clean parts, the containers used shall have tight-fitting covers. No cleaning may be done with flammable solvents near a possible source of ignition.

(10) Oxygen cylinders shall not be stored near oil or grease.

(11) Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

(12) Valves on oxygen and acetylene tanks shall be kept closed when they are not in use.

(13) Battery-charging stations shall be located in well ventilated areas and in the clear of other equipment.

(14) Internal combustion engines, except diesels, shall be shut off and stopped before being fueled.

(15) Each mine shall have available, or be provided with, appropriate types of firefighting equipment adequate for the size of the mine.

(16) Firefighting equipment shall be strategically located, readily accessible, plainly marked, properly maintained, and inspected periodically and records shall be kept of such inspections.

(17) Fire extinguishers shall be:

(a) Adequate in number and size and of the appropriate type for each particular fire hazard involved.

(b) Replaced immediately with fully charged extinguishers of the same capability after any discharge is made from the extinguishers.

(c) Inspected at least every six (6) months, tested at least once each year, and maintained according to the manufacturer's recommendation. Each extinguisher shall bear a tag showing the date of inspection and testing and the initials or name of the person making the examination.

(d) Approved by Underwriter's Laboratories, Inc. or Factory Mutual Research Corporation.

(18) Appropriate fire extinguishers shall be provided on self-propelled mobile equipment.

(19) Fire extinguishers of the appropriate type and size shall be an integral part of portable cutting and welding equipment.

(20) When welding or cutting near combustible materials, precautions shall be taken to ensure that smoldering metal or sparks do no result in fire.

(21) Belt conveyors in locations where fire would create a hazard to personnel shall be provided with safety switches to stop the drive pulley automatically in the event the belt stalls or there is excessive slippage.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards governing fire prevention and control in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-3; 1 Ky.R. 849; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:060 Drilling for blasting {#sec-805-kar-3-060 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:060}

Section 1. Drilling for Blasting.

(1) Equipment shall be inspected each shift by a competent person designated by the operator. Equipment defects affecting safety shall be reported immediately.

(2) Equipment defects affecting safety shall be corrected before the equipment is used.

(3) The drilling area shall be inspected by a competent person designated by the operator for hazards before drilling operations are started.

(4) Men shall not be on the mast while the drill is in operation.

(5) Drill crews and others shall stay clear of augers or drill stems that are in motion. Persons shall not pass under a step over a moving stem or auger.

(6) Receptacles or racks shall be provided for drill steel stored on drills.

(7) Tools and other objects shall not be left loose on the mast or drill platform.

(8) When a drill is being moved from one (1) drilling area to another, drill steel, tools and other equipment shall be secured and the mast placed in a safe position.

(9) In the event of power failure, drill controls shall be placed in the neutral position until power is restored.

(10) While in operation, drills shall be attended at all times.

(11) Drill holes large enough to constitute a hazard shall be covered or guarded.

(12) Men shall not drill from positions that hinder their access to the control levers, or from insecure footing or staging, or from atop equipment not designed for that purpose.

(13) Bit wrenches or bit knockers shall be used to remove detachable bits from drill steel.

(14) Starter steels shall be used when collaring holes with hand-held or feedleg drills.

(15) Men shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling.

(16) Air shall be turned off and bled from the hose before hand-held drills are moved from one (1) working area to another.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards controlling drilling for blasting in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-5; 1 Ky.R. 851; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:070 Loading, hauling and dumping {#sec-805-kar-3-070 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:070}

Section 1. Loading, Hauling and Dumping.

(1) Equipment shall be inspected each shift by a competent person designated by the operator. Equipment defects affecting safety shall be reported immediately.

(2) Equipment defects affecting safety shall be corrected before the equipment is used.

(3) Powered mobile equipment shall be provided with adequate brakes.

(4) Powered mobile haulage equipment shall be provided with audible warning devices. Lights shall be provided on both ends when required.

(5) Equipment operators shall be certain, by signal or other means, that all persons are in the clear before starting or moving equipment.

(6) When the entire length of a conveyor is visible from the starting switch, the operator shall visually check to make certain that all persons are in the clear before starting the conveyor. When the entire length of the conveyor is not visible from the starting switch, a positive audible warning system shall be installed and operated to warn persons that the conveyor will be started.

(7) Trucks, shuttle cars, and front-end loaders shall be equipped with emergency brakes separate and independent of the regular braking system.

(8) Operators' cabs shall be constructed to permit operators to see without difficulty and should be reasonably comfortable.

(9) Cab windows shall be of safety glass or equivalent, in good condition and shall be kept clean.

(10) Cab is of mobile equipment shall be kept free of extraneous materials.

(11) Adequate back stops or brakes shall be installed on inclined conveyor drive units to prevent conveyors from running in reverse if a hazard to personnel will result.

(12) No person shall be permitted to ride a power driven chain, belt, or bucket conveyor, unless specifically designed for the transportation of persons.

(13) Equipment operating speeds shall be prudent and consistent with conditions of roadway, grades, clearance, visibility, traffic, and the type of equipment used.

(14) Dust control measures shall be taken where dust significantly reduces visibility of equipment operators. Haulage roads shall be wet down as necessary unless dust is controlled adequately by other methods.

(15) Mobile equipment operators shall have full control of the equipment while it is in motion.

(16) Dippers, buckets, loading booms, or heavy suspended loads shall not be swung over the cabs of haulage vehicles until the drivers are out of the cabs and in safe locations, unless the trucks are designed specifically to protect the drivers from falling material.

(17) Only authorized persons shall be present in areas of loading or dumping operations.

(18) Unless safe provisions are made for persons to mount or leave equipment while it is in operation, the operator shall be notified of their intentions before getting on or off.

(19) Operators shall assume the normal operating position at all times while the vehicle is in motion and shall sit facing the direction of travel while operating equipment with dual controls.

(20) Men shall not work or pass under the buckets or booms of loaders in operation.

(21) When traveling between work areas, the equipment shall be secured in the travel position.

(22) Dippers, buckets, scraper blades, and similar movable parts shall be secured or lowered to the ground when not in use.

(23) Men shall not ride in dippers, buckets, forks, clamshells, or other parts of any equipment not specifically designed for the transportation of persons.

(24) Loaded cars or trucks shall not be moved until the loads are trimmed properly.

(25) Electrically powered mobile equipment shall not be left unattended unless the master switch is in the "off" position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling.

(26) Mobile equipment shall not be left unattended unless the brakes are set. The wheels shall be turned into a bank or wall, or shall be blocked when such equipment is parked on a grade.

(27) Men shall not ride on top of loaded haulage equipment.

(28) Men shall not ride outside the cabs and beds of mobile equipment.

(29) Equipment which is to be hauled shall be properly loaded and secured.

(30) Dumping locations and haulage roads shall be kept reasonably free of water, debris, and spillage.

(31) Berms, bumper blocks, safety hooks, or similar means shall be provided to prevent over travel and overturning at dumping locations.

(32) If truck spotters are used, they shall be well in the clear while trucks are backing into dumping position and dumping; lights shall be used at night to direct trucks.

(33) Where overhead clearance is restricted, warning devices shall be installed and the restricted area shall be conspicuously marked.

(34) Ramps and dumps shall be of solid construction, of ample width, have ample side clearance and headroom, and be kept reasonably free of spillage.

(35) Lights, flares, or other warning devices shall be posted when parked equipment creates a hazard to vehicular traffic.

(36) Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation.

(37) Any load extending more than four (4) feet beyond the rear of the vehicle body shall be marked clearly with a red flag by day and a red light at night.

(38) A tow bar shall be used to tow heavy equipment. A safety chain shall be used in conjunction with the tow bar.

(39) When heavy equipment is to be towed, the towing vehicle shall be of suitable weight and strength to maintain safe control of the load.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards controlling loading, hauling and dumping in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-6; 1 Ky.R. 851; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:080 Travelways {#sec-805-kar-3-080 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:080}

Section 1. Travelways.

(1) Safe means of access shall be provided and maintained to all working places.

(2) Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.

(3) Ladders shall be of substantial construction, maintained in good condition and regularly inspected.

(4) Portable straight ladders shall be provided with nonslip bases, shall be placed against a safe backing at the proper angle, and set on secure footing.

(5) Fixed ladders shall be anchored securely and installed to provide at least three (3) inches of toe clearance.

(6) Fixed ladders shall have substantial railed landings at least every thirty (30) feet unless backguards are provided.

(7) Steep fixed ladders (seventy (70) to ninety (90) from the horizontal) thirty (30) feet or more in length shall be provided with backguards, cages, or equivalent protection, starting at a point not more than seven (7) feet from the bottom of the ladder.

(8) Fixed ladders shall project at least three (3) feet above landings, or substantial handholds shall be provided above the landings.

(9) Wooden members of ladders shall not be painted.

(10) Ladderways, stairways, walkways, and ramps shall be kept free of loose rock and extraneous materials.

(11) Men climbing or descending ladders shall face the ladders and have both hands free for climbing.

(12) Railed walkways shall be provided wherever persons are regularly required to walk along conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.

(13) Openings above, below, or near travelways through which men or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be posted.

(14) Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floorboards shall be laid properly and the scaffolds and working platforms shall not be overloaded. Working platforms shall be provided with toeboards where necessary.

(15) Crossovers shall be provided where it is necessary to cross conveyors.

(16) Moving conveyors shall be crossed only at designated crossover points.

(17) Slippery walkways shall be provided with cleats and handrails and/or ropes.

(18) Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards controlling travelways in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-7; 1 Ky.R. 852; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:090 Electricity {#sec-805-kar-3-090 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:090}

Section 1. Electricity.

(1) Circuits shall be protected against excessive overloads by fuses or circuit breakers of the correct type and capacity.

(2) Powerlines and telephones circuits shall be protected against short circuits and lightning.

(3) Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of approved design and construction and shall be properly installed.

(4) Individual overload protection or short-circuit protection shall be provided for the trailing cables of mobile equipment.

(5) Power wires and cables shall have adequate current-carrying capacity and shall be protected from mechanical injury.

(6) Neither crawler-mounted nor rubber-tired equipment shall run over trailing cables, unless the cables are properly bridged or otherwise protected.

(7) Distribution boxes shall be provided with disconnect switches.

(8) Trailing cable and power cable connections to junction boxes shall not be made or broken under load.

(9) Power wires and cables shall be insulated adequately where they pass into or out of electrical compartments.

(10) Power wires and cables which present a fire hazard shall be well installed on acceptable insulators.

(11) Where metallic tools or equipment can come in contact with bare powerlines, the lines shall be guarded or deenergized.

(12) Telephone and low-potential electric signal wires shall be protected from contacting energized powerlines.

(13) High-potential transmission cables shall be covered, insulated, or placed according to acceptable electrical codes to prevent contact with low-potential circuits.

(14) The potential or bare signal wires accessible to personal contact should not exceed forty (40) volts.

(15) Splices in power cables, including ground conductor, where provided, shall be:

(a) Mechanically strong with adequate electrical conductivity;

(b) Effectively insulated and sealed to exclude moisture;

(16) Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used.

(17) Energized high-potential cables shall be handled with insulated hooks or tongs.

(18) Electrical equipment shall be deenergized before work is done on such equipment. Switches shall be locked out and suitable warning signs posted by the individuals who are to do the work; locks shall be removed only by authorized persons.

(19) Power circuits shall be deenergized before work is done on such circuits unless hot line tools are used. Switches shall be locked out and suitable warning signs posted by the individuals who are to do the work; locks shall be removed only by authorized persons.

(20) Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.

(21) At least three (3) feet of clearance shall be provided around all parts of stationary electric equipment or switch-gear where access or travel is necessary.

(22) Dry wooden platforms, insulating mats, or other electrically nonconductive materials shall be kept in place of all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand kept at the same potential as the grounded metal noncurrent carrying parts of the power switches to be operated may be used.

(23) Suitable danger signs shall be posted at all major electrical installations.

(24) Areas containing major electrical installations shall be entered only by authorized personnel.

(25) Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location.

(26) Reverse-current protection shall be provided at storage battery-charging stations.

(27) All metal enclosing or encasing electrical circuits shall be grounded or provided with equivalent protection. (This requirement does not apply to battery-operated equipment.)

(28) Metal fencing and metal buildings enclosing transformers and switch-gear shall be grounded.

(29) Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables.

(30) Continuity and resistance of grounding systems shall be tested immediately after installation.

(31) Electric equipment and wiring shall be inspected by a competent person as often as necessary to assure safe operating conditions.

(32) When a potentially dangerous condition is found, it shall be corrected before equipment or wiring is energized.

(33) Inspection and cover plates on electrical equipment shall be kept in place at all times except during testing or repairs.

(34) Circuits shall be deenergized before fuses are removed or replaced.

(35) Fuse tongs or hot line tools shall be used when fuses are removed or replaced in medium or high voltage circuits.

(36) Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.

(37) Surplus trailing cables to shovels, cranes, and similar equipment shall be stored in cable boots or on reels mounted on the equipment or otherwise protected from mechanical damage.

(38) Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.

(39) Equipment with booms or masts which are not properly protected shall not be operated where the booms or masts can come within ten (10) feet of an energized overhead powerline.

(40) Overhead high-potential powerlines shall be installed as specified by the National Electrical Safety Code.

(41) When equipment must be moved under energized power lines and the clearance is less than ten (10) feet, the power lines shall be deenergized or other precautions shall be taken.

(42) Guy wires from poles supporting high voltage transmission lines shall be securely connected to the system ground or be provided with insulators installed near the pole end.

(43) Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting power lines, they shall be installed as specified by the National Electrical Safety Code.

(44) Transformers shall be totally enclosed, or shall be placed at least fifteen (15) feet above the ground, or installed in a transformer house, or surrounded by a substantial fence at least six (6) feet high and at least three (3) feet from any energized parts, casings, or wiring.

(45) Transformer enclosures shall be kept locked against unauthorized entry.

(46) Tools and supplies shall be carried in the hands and not on the shoulders when men travel near bare power conductors.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards in the use of electricity in the operation of the Commonwealth's surface type coal and clay mines which include strip and auger mining operations.
History: SMS-8; 1 Ky.R. 852; eff. 5-14-1975; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

805 KAR 3:100 Equipment use and operation {#sec-805-kar-3-100 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:100}

Section 1.

(1) The following items shall be guarded to prevent injury:

(a) Gears;

(b) Sprockets;

(d) Drive, head, tail, and take-up pulleys;

(e) Flywheels;

(f) Couplings;

(g) Shafts;

(h) Sawblades;

(i) Fan inlets; and

(j) Similar exposed moving machine parts that may cause injury to persons.

(2) An overhead belt shall be guarded if the whipping action from a broken belt may be hazardous to a person below.

(3) A guard at conveyor drive, head, and tail pulleys shall be sufficient to prevent a person from reaching behind the guard and becoming caught between the belt and the pulley.

(4) A protruding set screw on revolving parts shall be guarded.

(5) Except while testing the machinery, a guard shall be securely in place while machinery is being operated.

(6) A guard shall be sufficiently strong and maintained to provide the required protection.

(7) A stationary grinding machine other than a special bit grinder shall be equipped with:

(a) Peripheral hoods (less than ninety (90) degree throat openings) capable of withstanding the force of a bursting wheel;

(b) Adjustable tool rests set as close as practical to the wheel; and

(8) A face shield or goggles, in good condition, shall be worn while operating a grinding wheel.

(9) A hand-held power tool, other than a rock drill, shall be equipped with controls requiring constant hand or finger pressure to operate the tools or shall be equipped with friction or other equivalent safety devices.

(10) A guard or shield shall be provided in areas where flying or falling materials present a hazard.

(11)

(a) A vehicle, such as a fork lift, truck, front-end loader, and bulldozer, shall be provided with rollover protection, if necessary, to protect the operator.

(b)

Beginning January 1, 2016:

a. An excavator newly placed in service at a licensed facility shall be equipped with rollover protection that shall meet, at a minimum, the International Organization for Standardization (ISO) 12117-2:2008 standard or the equivalent ISO standard; and

(i) A person operating an excavator that is not equipped with certified rollover protection pursuant to subsection (11)(b)1.a. of this administrative regulation shall be trained by the Division of Mine Safety in a course on the safe operation of an excavator and the course shall be successfully completed.

(ii) The training established in subclause (i) of this clause shall be recorded on the Mine Safety and Health Administration Form 5000- 23, incorporated by reference in 805 KAR 7:030, which shall be maintained on the mine premises.

An excavator manufactured before 2011 shall meet and maintain the safety standards in place at the time the equipment was manufactured.

(12)

(a) A vehicle, such as a fork lift, truck, front-end loader, and bulldozer, shall be provided with falling object protection, if necessary, to protect the operator against falling material.

(b)

An excavator manufactured after January 1, 2011, shall be provided with falling object protection. The falling object protection shall meet ISO standards in place when the machine was manufactured.
Effective January 1, 2016, an excavator that operates in an application with the risk of falling objects shall be equipped with falling object protection that shall meet, at a minimum, the ISO 10262:1998 Level II standard or the equivalent ISO standard.

(13) Unsafe equipment or machinery shall be removed from service immediately.

(14) Machinery and equipment shall be operated only by an authorized and experienced person.

(15) A repair or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except if machinery motion is necessary to make an adjustment or if nonenergized components of large machinery can be safely repaired while the machine is operating.

(16) A person shall not work on mobile equipment in a raised position until it has been blocked in place securely. This shall not preclude the use of equipment specifically designed for these purposes, such as elevated mobile work platforms.

(17) A drive belt shall not be shifted while in motion unless the machine is provided with a mechanical shifter.

(18) A belt, chain, or rope shall not be guided onto a power driven moving pulley, sprocket, or drum with the hands, except on slow moving equipment especially designed for hand feeding.

(19) A pulley or conveyor shall not be cleaned manually while the conveyor is in motion.

(20) A belt dressing shall not be applied manually while the belt is in motion unless an aerosol-type dressing is used.

(21) Machinery shall not be lubricated while in motion if a hazard exists unless equipped with extended fittings or cups.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070 authorizes the Secretary of the Energy and Environment Cabinet to promulgate, amend, or repeal any administrative regulations as necessary and suitable for the proper administration of KRS Chapter 351. This administrative regulation establishes safety standards controlling the use and operation of equipment in the Commonwealth's surface type coal and clay mines, which include strip and auger mining operations.
History: SMS-9; 1 Ky.R. 853; eff. 5-14-1975; 37 Ky.R. 1083; 1441; eff. 1-3-2011; 42 Ky.R. 1616; eff. 2-5-2016; Crt eff. 6-27-2018; 45 Ky.R. 1421, 2097; eff. 2-1-2019; 45 Ky.R. 2991, 3410; eff. 7-5-2019; Crt eff. 2-2-2026.

805 KAR 3:110 Employees' personal protection {#sec-805-kar-3-110 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:110}

Section 1. Personal Protection.

(1) Adequate first aid materials, including stretchers and blankets, shall be provided at places convenient to all working areas. Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled, or used.

(2) All persons shall wear suitable hard hats when in or around mine plants or active workings of the mine.

(3) All persons shall wear suitable protective footwear when in or around mine plants or active workings of the mine.

(4) All persons shall wear safety glasses, goggles, or face shields when doing work hazardous to the eyes.

(5) Safety belts and lines shall be worn if there is danger of falling. A second person shall tend the life line when bins, tanks or other dangerous areas are entered.

(6) Life jackets or belts shall be worn if there is danger of falling into deep water.

(7) Protective clothing, rubber gloves, goggles, or face shields shall be worn by a person handling substances that are corrosive, toxic, or injurious to the skin.

(8) Protective clothing or equipment and face shields or goggles shall be worn when welding, cutting, or working with molten metal.

(9) Snug-fitting clothing shall be worn by persons working around moving equipment and machinery.

(10) Protective gloves shall be worn by employees handling materials that could cause injury.

(11) Gloves shall not be worn if they could create a hazard by becoming entwined or caught in moving parts of machinery.

(12) Effective hearing protection shall be worn if noise levels could cause permanent ear damage or hearing loss, or noise shall be reduced to safe levels, unless the wearing of the protective devices would create a greater danger to the employee.

(13)

(a) All miners shall wear clothing with at least 100 square inches of reflective material while in an underground mine and clothing with at least fifty (50) square inches of reflective material while on a surface mine site.

(b) The reflective material shall be prominently worn and visible in all directions.

(14) All underground miners who are on foot and are on an active working section shall be equipped with an operating, flashing personal safety light that is recognized by MSHA as intrinsically safe. The light shall be readily visible and securely attached to the miner, at or above the shoulders, while on the working section.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the cabinet to promulgate administrative regulations for the administration of KRS Chapter 351. This administrative regulation establishes safety standards for equipment used for personal protection of employees in the operation of the Commonwealth's surface type coal and clay mines that include strip and auger mining operations.
History: SMS-10; 1 Ky.R. 853; eff. 5-14-1975; Crt eff. 6-27-2018; 45 Ky.R. 3538; 46 Ky.R.434; eff. 8-20-2019; Crt eff. 2-2-2026.

805 KAR 3:120 Augering {#sec-805-kar-3-120 omnilex-key=us-ky-regs-official--title-805--805 KAR 3:120}

Section 1. Auger Planning. Before augering is done, advance planning shall be made to ensure that no hazards shall be created affecting active underground workings. Auger mine workings and holes drilled shall be located so as to prevent:

(1) The interference with the ventilation system of any underground mine;

(2) Inundation hazards from the surface to active underground workings.

Section 2. Auger Inspection.

(1) At least fifty (50) feet on each side of highwalls being drilled shall be inspected for loose material before drilling or other work in the area is begun and at least once during each operating shift. Any dangerous material shall be removed before drilling operations are begun.

(2) When abandoned mines or abandoned parts of active mines are penetrated by drilling, machinery shall be stopped and tests shall be made at the collar of the hole for explosive gas or oxygen deficiency by a competent person qualified to use approved instruments to make such tests. If tests show the presence of either, the equipment shall not be operated until the condition has been corrected.

Section 3. Auger Holes; Persons Not to Enter.

(1) No person shall enter an auger hole for any purpose without having first received permission from a representative of the Kentucky Department for Natural Resources.

(2) Auger machines and other related equipment on which persons are required to work during drilling operations shall be protected against falling material from highwalls by heavy gauge screen or equivalent material subject to the approval of the mine inspector. The protective screen shall permit workmen to keep the highwall in view at all times.

(3) No work shall be done on the highwall in the vicinity of drilling equipment while it is in operation.

Section 4. Auger Equipment; Operation.

(1) Persons shall stay in the clear of the auger train while it is in motion and they shall not pass over or under the auger train except where crossing facilities are provided.

(2) Persons must be in the clear while auger sections are being swung into position.

(3) Auger operators shall not leave the controls of the equipment while the auger is operating.

(4) When auger operations are performed after dark, adequate illumination shall be provided.

Section 5. Auger Holes; Blocking. Auger holes shall be securely blocked by spoil or other suitable material before they are abandoned.

History

RELATES TO: KRS 351.070
STATUTORY AUTHORITY: KRS 351.070
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is to establish safety standards controlling planning, inspection, persons not entering auger holes, operation of auger equipment, and blocking of auger holes in the Commonwealth's safety standards controlling the operations of surface type auger operations in coal mines.
History: SMS-11; 1 Ky.R. 854; eff. 5-14-1975; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 4-22-2025.

Chapter 4 Division of Explosives and Blasting

805 KAR 4:005 Definitions {#sec-805-kar-4-005 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:005}

Section 1.

(1) "Artificial barricade" means an artificial mound or revetted wall of earth of a minimum thickness of three (3) feet, or any other approved barricade that offers equivalent protection.

(2) "Barricaded" means the effective screening of a magazine containing explosive materials from another magazine, a building, a railway, or a highway, either by a natural or artificial barricade. To be properly barricaded, a straight line from the top of any sidewall of the magazine to the eave line of any other magazine or building, or to a point twelve (12) feet above the center of a railway or highway will pass through the barricade.

(3) "Blast area" means the area in which explosives loading and blasting operations are being conducted.

(4) "Blasting agent" means any material or mixture consisting of a fuel and oxidizer used for blasting, but not classified an explosive and in which none of the ingredients is classified as an explosive provided the furnished (mixed) product cannot be detonated with a No. 8 test blasting cap when confined.

(5) "Blasting cap" means a metallic tube closed at one end, containing a charge of one or more detonating compounds, and designed for detonation from the sparks or flame from a safety fuse inserted and crimped into the open end.

(6) "Block holing" means the breaking of boulders by firing a charge of explosives that has been loaded in a drill hole.

(7) "Conveyance" means any unit for transporting explosives or blasting agents, including but not limited to trucks, trailers, rail cars, barges, and vessels.

(8) "Detonating cord" means a flexible cord containing a center core of high explosives which, when detonated, will have sufficient strength to detonate other cap-sensitive explosives with which it is in contact.

(9) "Detonator" means blasting caps, electric blasting caps, delay electric blasting caps, and nonelectric delay blasting caps.

(10) "Electric cap" means a blasting cap designed for and capable of detonation by means of an electric blasting current.

(11) "Electric delay blasting caps" means caps designed to detonate at a predetermined period of time after energy is applied to the ignition system.

(12) "Flyrock" means any dirt, mud, stone, fragmented rock or other material that is displaced from the blast site by being thrown in the air or cast along the ground.

(13) "High explosives" means any material that will detonate when initiated by a blasting cap and where the chemical reaction proceeds at supersonic velocities and produces high temperature, high pressure gases and an associated shock wave.

(14) "Fuse lighters" means special devices for the purpose of igniting a safety fuse.

(15) "Low explosives" are materials which deflagrate producing high temperature, high pressure gases. They may be initiated with a blasting cap, or by flame, heat or impact, however, they do not present a mass detonation hazard.

(16) "Magazine" means any building or structure, other than an explosives manufacturing building, used for the storage of explosives.

(17) "Misfire" means an explosive charge which failed to detonate.

(18) "Mud capping" (also known as bulldozing, adobe blasting, or dobying) means a method of blasting by placing a quantity of explosives in contact with a rock, boulder, or other object without confining the explosives in a drill hole.

(19) "Natural barricade" means hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves.

(20) "Nonelectric delay blasting cap" means a blasting cap with an integral delay element in conjunction with and capable of being detonated by a detonation impulse or signal for miniaturized detonating cord.

(21) "Primer" means a cartridge or container of explosives into which a detonator or detonating cord is inserted or attached.

(22) "Safety fuse" means a flexible cord containing an internal burning medium by which fire is conveyed at a continuous and uniform rate for the purpose of firing blasting caps.

(23) "Stemming" means a suitable inert incombustible material or device used to confine or separate explosives in a drill hole, or to cover explosives in mud capping.

(24) "Springing" means the creation of a pocket in the bottom of a drill hole by the use of a moderate quantity of explosives in order that larger quantities of explosives may be inserted therein.

History

RELATES TO: KRS 351.315, 351.330, 351.335, 351.350
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation provides the definitions applicable to the provisions of that law.
History: 805 KAR 004:005. 2 Ky.R. 609; 3 Ky.R. 318; eff. 9-1-1976; 4 Ky.R. 301; eff. 5-3-1978; 19 Ky.R. 2327; eff. 6-7-1993; Recodified from 805 KAR 4:070, 6-8-1993; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:010 Licensing and classification of blasters {#sec-805-kar-4-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:010}

Section 1.

(1) The department shall have the following two (2) classifications of blasting licenses, each of which shall have a separate test:

(a) The "Kentucky blaster's license"; and

(b) The "limited Kentucky blaster's license".

(2) Persons holding a "limited Kentucky blaster's license" shall not conduct a blasting operation in which more than five (5) pounds of explosives are used in a single charge.

(3) Persons applying for either a "Kentucky blaster's license" or a "limited Kentucky blaster's license" shall submit a nonrefundable application fee of forty (40) dollars with the prescribed application form, EC-16 or EC-14. Upon successfully passing the examination and satisfying the experience requirement of KRS 351.315(1), a license shall be issued upon the payment of an additional fee of twenty-five (25) dollars, pursuant to KRS 351.315(2).

(4) Each blaster shall be required to renew his license every three (3) years by application to the department. The application shall be accompanied by a fee of sixty (60) dollars and documentation verifying that the blaster has completed the hours of blaster retraining required in KRS 351.315(4).

(5) If a licensed blaster is not in violation of any final administrative or court order concerning blasting-related matters when he makes application for renewal of his license, the department shall renew that license.

(6) A blaster who fails to renew his "Kentucky blaster's license" within five (5) years of the expiration date of his last valid license shall be required to reapply for a license and retake the blasters examination in a manner established in KRS 351.315. Blasters not in the above category may have their licenses renewed by paying to the department a sum equal to the annual renewal fees for the years of nonrenewal.

(7) The commissioner may grant a thirty (30) day nonrenewable blaster's license to any person qualified under KRS 351.315(3) upon the payment of a twenty-five (25) dollar fee.

(8) For the purpose of licensure, a blaster shall be a person who makes any of the following decisions:

(a) Decides hole size, spacing, or depth;

(b) Decides total quantity of explosives;

(d) Decides timing delays to be used.

(9) The blaster shall also be present when the charge is detonated and either physically detonate the charge or give the order to detonate the charge.

(10) The blaster shall complete and sign a record for each blast as required in KRS 351.360.

(11) A licensed blaster shall not take any instruction on the activities described in subsections (8) through (10) of this section from a person not holding a blaster's license if compliance with that instruction may result in an unlawful act or unlawful effect of the blast.

(12) Anyone failing a blaster's examination may retake the examination after thirty (30) days without paying another application fee. A person failing the examination a second time shall resubmit his application form and pay the fee required in subsection (3) of this section.

(13) Persons involved in seismic exploration of the subsurface geology and detonating explosives solely for the purpose of monitoring seismic waves generated by such a detonation shall hold either a "Kentucky blaster's license" or a "limited Kentucky blaster's license". The five (5) pound limitation in subsection (2) of this section may be waived for the purpose of seismic exploration based upon a written request to the department.

(14) Persons engaged in blasting operations in oil production and detonating explosives for the purpose of enhancing oil production, cutting casing, or other similar purposes, if the explosives are placed in an oil well, shall hold either a "Kentucky blaster's license" or a "limited Kentucky blaster's license". The five (5) pound limitation in subsection (2) of this section may be waived for the purpose of oil well shooting based upon a written request to the department. The use of shaped charges of less than ninety (90) grams weight to perforate casing or strata shall not meet the definition of blasting operation and shall not require either license.

(15) Application for the reciprocal license described in KRS 351.315(3) shall be on a form furnished by the department and accompanied by a fee of sixty (60) dollars.

Section 2. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form "EC-14" (revised January 1, 2002); and

(b) Form "EC-16" (revised January 1, 2002).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Natural Resources, 300 Sower Boulevard, Frankfort, KY 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 351.315, 351.325
STATUTORY AUTHORITY: KRS 351.315(6), 351.335(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources to promulgate any administrative regulations necessary to effectuate the provisions of KRS 351.315 to 351.375. KRS 351.315 requires the department to license blasters and to establish fees. KRS 351.315 requires the Department for Natural Resources to license blasters. This administrative regulation establishes the licensing requirements and duties of a blaster to effect this law, and establishes the amount of fees to be consistent with KRS 351.315
History: 805 KAR 004:010. E&B-M&M-1; 1 Ky.R. 1072; eff. 6-11-1975; 2 Ky.R. 602; 3 Ky.R. 317; eff. 9-1-1976; 4 Ky.R. 300; 426; eff. 5-3-1978; 8 Ky.R. 171, 287; eff. 10-7-1981; 17 Ky.R. 3263; 18 Ky.R. 77; eff. 7-31-1991; 19 Ky.R. 2325; eff. 6-7-1993; 29 Ky.R. 183; 710; eff. 9-16-2002; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:020 Blasting standards {#sec-805-kar-4-020 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:020}

Section 1. Blasting Standards.

(1) In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of the ground motion in any direction shall not exceed two (2) inches per second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building.

(2) This ground velocity limit is not construed to mean property owned, leased, or contracted by the blaster or blaster's company or property on which the owner gives a written waiver.

(3) No two (2) consecutive subcharges within any charge shall be separated by a delay time of less than eight (8) milliseconds.

(4) The department will furnish a table for determining the maximum amount of explosives to be used per delay period.

(5) The standard table for the maximum charge per delay shall be distances greater than 300 feet generated by the formula: W (D/50) (D/50) Where W is the weight of explosive in pounds and D is the distance to the nearest dwelling house, public building, school, church, commercial or institutional building in feet. On sites where the department decides it necessary to comply with the provision of the law this formula may be altered.

(6) For the purpose of well shooting below 100 feet, the table shall be generated by the formula: W (D/50) (D/50) (D/50) Where W is the total weight of explosives in the hole and D is the distance from the charge to the nearest dwelling house, public building, school, church, commercial or institutional building.

(7) If on a particular site the peak ground particle velocity continuously exceed one-half (1/2) inch per second after a period of one (1) second following the maximum ground particle velocity, the department shall require the total time delay of blasting operations to be less than 200 milliseconds or the charge per delay to be reduced so that this limit is complied with.

(8) For distances less than 300 feet the following table will be used:

(9) If explosive charges of greater than 40,000 pounds are necessary, a permit must be obtained from the Department for Natural Resources. The department shall consider each case on its own merits in making a determination as to whether or not to grant such a permit.

History

RELATES TO: KRS 351.330, 351.990
STATUTORY AUTHORITY: KRS 351.330, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the Department for Natural Resources to limit ground vibrations. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:020. E&B-M&M-2; 1 Ky.R. 1072; eff. 7-2-1975; TAm eff. 8-9-2007; TAm 6-26-2014; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:030 Seismograph measurements {#sec-805-kar-4-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:030}

Section 1.

(1) If a blaster decides that the table of maximum pound per delay established in 805 KAR 4:020 is too conservative, he may use seismograph measurements and increase the charge per delay period, provided the velocity of two (2) inches per second limit is not violated. He must use the seismograph on every shot thereafter so long as the table is not being complied with.

(2) If a blaster considers the table too conservative for his particular area, he may, upon submission of seismograph reports, petition for a modified table for blasting operation at that particular site but in no case shall the department allow a table that would permit velocities above the two inch per second limit on structures imposed by KRS 351.330.

(3) In making a seismograph determination of the velocity at a particular position, the following formula shall be used: V = Vo (Do/D) 1.5 Where Vo is the maximum ground particle velocity at the seismograph, Do is the distance of the seismograph from the blast, and D is the distance from the blast to the position in question and in the same general direction. The distance Do may not be greater than D, and D cannot be more than five (5) times Do. This determined velocity at the site of any dwelling house, public building, school, church, commercial or institutional building shall not exceed the two (2) inches per second limit.

(4) If special conditions occur which indicate that abnormal or potentially damaging ground vibrations may result from blasting, the department may require a seismograph recording of any or all blasts.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the Department for Natural Resources to limit ground vibrations. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:030. E&B-M&M-3; 1 Ky.R. 1073; eff. 7-2-1975; 4 Ky.R. 301; eff. 5-3-1978; 17 Ky.R. 3264; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:040 Instrumentation {#sec-805-kar-4-040 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:040}

Section 1. Instrumentation.

(1) A direct reading velocity instrument shall not be approved by the Department for Natural Resources unless it:

(a) Has a frequency range equal or greater than five (5) cycles per second to 150 cycles per second;

(b) Has a velocity range from zero to two (2.0) inches per second or greater; and

(2) Any seismic reports submitted to this office for compliance or petition shall be made using a direct-reading velocity seismograph and accompanied by the most recent calibration report of the seismograph.

(3) All velocity seismographs used for compliance or petition shall have internal calibration capability and shall be operated in accordance with the recommendations included in the "ISEE" Field Practice Guidelines for Blasting Seismographs".

Section 2. Incorporation by Reference.

(1) The "ISEE Field Practice Guidelines for Blasting Seismographs" published by the International Society of Explosive Engineers and included as Appendix K of the ISEE Blaster's Handbook, 17th edition, Second Printing, 2000, is incorporated by reference.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS 351.330, 351.335(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources to promulgate any administrative regulations necessary to effectuate the provisions of KRS 351.315 to 351.375. KRS 351.330 requires the Department for Natural Resources to limit ground vibrations. This administrative regulation establishes specifications and guidelines for equipment used to monitor ground vibrations and air blasts from blasting operations and provides guidelines for the use of this equipment to ensure that the reading taken from this equipment is accurate.
History: E&B-M&M-4; 1 Ky.R. 1073; eff. 6-11-1975; 29 Ky.R. 184; 711; eff. 9-16-2002; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018.

805 KAR 4:050 Records {#sec-805-kar-4-050 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:050}

Section 1. Blasting Records. A record of each blast shall be kept. All records including seismograph reports shall be retained at least five (5) years and shall be available for inspection by the Department for Natural Resources and shall contain the data in subsections (1) through (19) of this section:

(1) Name of company or contractor.

(2) Exact location of the blast, date, and time of detonation.

(3) Name, signature, and license number of blaster in charge.

(4) Type of material blasted.

(5) Number of holes, burden, and spacing.

(6) Diameter and depth of holes.

(7) Types of explosives used.

(8) Total amount of explosives used.

(9) Maximum amount of explosives per delay period of eight (8) milliseconds or greater.

(10) Method of firing and type of circuit.

(11) Direction, distance in feet, and identification of the nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conduction the blasting.

(12) Weather conditions.

(13) Type and height or length of stemming.

(14) A statement as to whether mats or other protections against flyrock were used.

(15) Type of blasting caps used and delay periods used.

(16) The exact location of the seismograph if used and the distance of the seismograph from the blast.

(17) Seismograph records, if required, shall include:

(a) Name of person and firm analyzing the seismograph record; and

(b) Seismograph reading.

(18) Maximum number of holes per delay period of eight (8) milliseconds or greater.

(19) Sketch of blast pattern including number of holes, burden, and spacing distance delay pattern, and if decking is used, a hole profile.

Section 2. Notification of Blasting Operations on Construction, Demolition, and Industrial Sites.

(1) Any person conducting blasting operations at a site that does not have a permit issued pursuant to KRS Chapter 350 or an agreement with the Department for Natural Resources, shall provide notice of its blasting operations to the Department for Natural Resources at least twenty four (24) hours prior to the commencement of blasting activities.

(2) The notice shall include:

(a) The identification of the person or company performing the blasting, including current contact information;

(b) The specific location of the site where blasting will occur, which may include physical address, latitudinal and longitudinal, or Global Positioning System coordinates;

(d) The projected duration of the blasting operations.

History

RELATES TO: KRS 351.330, 331.335, 331.360
STATUTORY AUTHORITY: KRS 351.335, 351.360
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the Department for Natural Resources to compel blasters to keep records. This administrative regulation specifies what records are to be kept and requires blasters that do not have a permit issued pursuant to KRS Chapter 350, or an agreement with the department, to provide notice of its blasting operations to the Department for Natural Resources.
History: E&B-M&M-5; 1 Ky.R. 1073; eff. 6-11-1975; 17 Ky.R. 3265; eff. 6-26-1991; TAm eff. 8-9-2007; TAm eff. 6-26-2014; Crt eff. 6-27-2018; 46 Ky.R. 1363; 2078; 2589; eff. 4-1-2020.

805 KAR 4:060 Blasting safety {#sec-805-kar-4-060 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:060}

Section 1.

(1) When operating within 800 feet of a highway if there is chance of flying rock landing on the highway, traffic must be stopped at a safe distance. Blasted material shall not be thrown on a public highway in sufficient quantity to impede traffic, and any material thrown on a highway shall be removed promptly.

(2) Where a blasting operation is conducted in the vicinity of an active deep mine, the blaster shall observe all procedures necessary to secure the health and safety of the deep mine workers.

(3) Blasting operations shall be conducted during daylight hours (one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset) except by special permit issued by the Department for Natural Resources. Said permit shall be issued on the basis of safety.

(4) If, as a result of a blast, the vibrational levels are exceeded or material is hurled through the air causing damage to homes or other property, or causing personal injury or death, or endangering public safety, health and general welfare in violation of any standard promulgated by this agency, the department may consider this due cause for revocation of blaster's license and invoke penalties according to KRS 351.990.

(5) The contractor or operator as well as the blaster shall be responsible for the conduct of blasting on any operation.

(6) Nothing contained herein shall relieve the contractor or operator or other persons of responsibility and liability under any other laws.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS Chapter 13A, 351.330, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires the Department for Natural Resources to provide rules and administrative regulations for blasting near public highways, streams, dwelling houses, public buildings, schools, churches and commercial and institutional buildings. This administrative regulation provides those rules and administrative regulations.
History: 805 KAR 004:060. E&B-M&M-6; 1 Ky.R. 1074; eff. 6-11-1975; 17 Ky.R. 3267; eff. 6-26-1991; TAm eff. 8-9-2007; TAm eff. 6-26-2014; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:075 General blasting provisions {#sec-805-kar-4-075 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:075}

Section 1.

(1) An employer shall permit only authorized and qualified persons to handle and use explosives.

(2) Smoking, firearms, matches, open flame lamps, and other fires, flame, or heat producing devices and sparks shall be prohibited in or near explosive magazines or while explosives are being handled, transported, or used.

(3) No person shall be allowed to handle or use explosives while under the influence of intoxicating liquors, narcotics, or other dangerous drugs.

(4) All explosives shall be accounted for at all times. Explosives not being used shall be kept in a locked magazine, unavailable to persons not authorized to handle them. The employer shall maintain an inventory and use record of all explosives. Appropriate authorities shall be notified of any loss, theft, or unauthorized entry into a magazine.

(5) No explosives or blasting agents shall be abandoned.

(6) No fire shall be fought where the fire is in imminent danger of contact with explosives. All employees shall be removed to a safe area and the fire area guarded against intruders.

(7) Original containers or equivalent packaging materials, shall be used for taking detonators and other explosives from storage magazines to the blasting area.

(8) When blasting is done in congested areas or in proximity to a structure, railway, or highway, or any other installation that may be damaged, the blaster shall take special precautions in the loading, delaying, initiation, and confinement of each blast with mats or other methods so as to control the throw of fragments, and thus prevent bodily injury or death.

(9) Employees authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution including, but not limited to, visual and audible warning signals, flags, or barricades, to ensure safety to all persons.

(10) In so far as possible, blasting operations above ground shall be conducted between sunup and sundown.

(11) Empty boxes and paper and fiber packing materials which have previously contained high explosives shall not be used again for any purpose, but shall be destroyed by burning at an approved location.

(12) Explosives, blasting agents, and blasting supplies that are obviously deteriorated or damaged shall not be used.

(13) Delivery and issue of explosives shall only be made by and to authorized persons and into authorized magazines or approved temporary storage or handling areas.

(14) Blasting operations in the proximity of overhead power lines, communication lines, utility services, or other services or structures shall not be carried on until the operators and/or owners have been notified at least twenty-four (24) hours in advance and measures for safe control have been taken.

(15) The use of black powder shall be prohibited, except when a desired result cannot be obtained with another type of explosive such as in quarrying certain types of dimension stone.

(16) All loading and firing shall be directed and supervised by competent persons thoroughly experienced in this field.

(17) No one shall be permitted to carry detonators or primers of any kind on his person; provided, however, that it shall not be unlawful to carry detonators or primers in one's hands.

History

RELATES TO: KRS 351.350
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:075. 2 Ky.R. 610; 3 Ky.R. 319; eff. 9-1-1976; 4 Ky.R. 303, 427; eff. 5-3-1978; 17 Ky.R. 3268; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:080 Blasters' qualifications {#sec-805-kar-4-080 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:080}

Section 1. Blasters' Qualifications.

(1) A blaster shall be able to understand and give written and oral orders.

(2) A blaster should be in good physical condition and not be addicted to narcotics, intoxicants, or similar types of drugs.

(3) A blaster shall be qualified by reason of training, knowledge or experience, in the field of transporting, storing, handling, and the use of explosives, and have a working knowledge of state and local laws and regulations which pertain to explosives.

(4) Blasters shall be required to furnish satisfactory evidence of competency in handling explosives and performing in a safe manner the type of blasting that will be required.

(5) The blaster shall be knowledgeable and competent in the use of each type of blasting method used.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:080. 2 Ky.R. 611; 3 Ky.R. 364; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:085 Dealer registration; record requirements {#sec-805-kar-4-085 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:085}

Section 1. A person intending to engage in business as an importer, manufacturer, or dealer of explosive materials is required by KRS 351.365 to register with the Department for Natural Resources. Registration shall be done, prior to engaging in business, by filling out the registration form (EC-12). This form shall be completed and submitted to the department annually.

Section 2. Record Requirements.

(1) A person, corporation or entity engaged in the manufacture, purchase, distribution or selling, of explosives shall maintain, in a permanent form, records of importation, production, shipment, receipt, sale or other disposition, including the number of the permit to purchase explosives.

(2) All records shall be retained for a period of not less than five (5) years from the date the transaction occurs or until discontinuance of business or operations. All records shall be subject to inspection and examination by the Department for Natural Resources.

(3) The records required to be maintained pursuant to Title 26, part 55.121-55.129 of the Code of Federal Regulations of the Bureau of Alcohol, Tobacco, and Firearms shall satisfy the requirements of this section.

Section 3. Magazine Identification.

(1) A magazine shall have identification tags. A semitrailer containing blasting agents is excluded from this requirement if it has a current license plate attached.

(2) An identification tag shall be approximately three (3) inches long by two (2) inches wide and shall be lettered or painted directly onto the magazine or attached so that normal use and weather will not render the tag illegible.

(3) The tag shall provide the following information:

(a) Name of owner;

(b) Address;

(d) Telephone number.

Section 4. Incorporation by Reference.

(1) Form "(EC-12)", (revised December 1996), is incorporated by reference.

(2) It may be inspected, copied, or obtained from the Department for Natural Resources, 300 Sower Boulevard, Frankfort, KY 40601 during normal business hours, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 351.350, 351.365, 351.367(6), (7), (9), 26 C.F.R. 55.121-55.129
STATUTORY AUTHORITY: KRS 351.335(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation establishes requirements for explosive dealer registration and the retention of records relating to explosives transactions.
History: 805 KAR 004:085. 2 Ky.R. 611; 3 Ky.R. 364; eff. 9-1-1976; 17 Ky.R. 3270; 18 Ky.R. 49; eff. 6-26-1991; 23 Ky.R. 1751; 2492; eff. 12-11-1996; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:087 Explosives {#sec-805-kar-4-087 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:087}

Section 1.

(1) Explosive magazines shall be posted with suitable danger signs so located that a bullet passing through the face of a sign will not strike the magazine.

(2) Containers of explosives or blasting agents shall be stacked in a stable manner, but not more than eight (8) feet high.

(3) Ammonium nitrate fuel oil blasting agents shall be physically separated from other explosives, safety fuse, or detonating cord stored in the same magazine and in such a manner that oil does not contaminate the other explosives, safety fuse or detonating cord.

(4) Special precautions shall be taken when blasting in close proximity to underground operations, and no blasting shall be done which would be hazardous to persons working underground.

(5) Only nonsparking implements shall be used to punch holes in an explosive cartridge.

(6) Delay connectors for firing detonating cord shall be treated and handled with the same safety precautions as blasting caps and electric detonators.

(7) Primers containing a detonator shall be prepared with the detonator container securely and completely within the explosive charge or within a suitable tunnel or cap well.

(8) Explosives or blasting agents shall be kept separate from detonators until charging is started.

(9) Ammonium nitrate and the components used for the sensitizing thereof shall be stored, mixed, transported and used in accordance with the recommendations in Bureau of Mines Information Circular 8179, "Safety Recommendations for Sensitized Ammonium Nitrate Blasting Agents," or subsequent revisions.

(10) Excessive force shall not be used in assembling any connecting device or primer cartridges. No tool shall be used to dislodge a detonator, or a component containing a detonator, from a primer.

(11) A cast primer or booster shall not be used if the hole for the detonator is too small to accept the detonator; no one shall enlarge a hole or cap well in a cast primer or booster to accept a detonator.

(12) No detonator shall come in contact with a high explosive cartridge until the primer is being assembled, and immediately upon assembly, the primer shall be loaded into the borehole.

History

RELATES TO: KRS 351.350
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:087. 3 Ky.R. 318; eff. 3-2-1977; 4 Ky.R. 304; eff. 5-3-1978; 11 Ky.R. 788; eff. 12-11-1984; 17 Ky.R. 3271; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:090 Storage of explosives and blasting agents {#sec-805-kar-4-090 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:090}

Section 1. Storage of Explosives and Blasting Agents.

(1) Explosives and related materials shall be stored in approved facilities required under the applicable provisions of the Internal Revenue Service regulations contained in 27 CFR 55, Commerce in Explosives.

(2) Blasting caps, electric blasting caps, detonating primers, and primed cartridges shall not be stored in the same magazine with other explosives or blasting agents.

(3) Smoking and open flames shall not be permitted within fifty (50) feet of explosives and detonator storage magazines.

(4) Permanent underground magazines containing detonators shall not be located closer than twenty-five (25) feet to any magazine containing other explosives or blasting agents.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:090. 2 Ky.R. 612; 3 Ky.R. 364; eff. 9-1-1976; 10 Ky.R. 312; eff. 9-7-1983; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:093 Permit to purchase or possess explosives {#sec-805-kar-4-093 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:093}

Section 1.

(1) Each person, firm, association, or corporation intending to purchase or take possession of explosives shall complete the application form (EC-52), and pay the application fee established by KRS 351.367(2).

(2) Each holder of a permit to purchase or possess explosives shall provide a copy of his permit to the explosive dealer or distributor prior to the transfer of the explosive materials.

(3) A permit to purchase or possess explosives shall be obtained prior to purchasing or taking possession of any explosive materials, including all high explosives, blasting agents, and detonators, and two (2) component, binary explosive compounds.

(4) The following materials are exempt from the requirement to obtain a permit:

(a) Oil well perforating charges of less than ninety (90) grams each;

(b) All grades of blackpowder suitable for firearms;

(d) Any propellant powder for firearms or rockets.

(5) Any person who signs the application for a permit, either as an individual or as a representative of a corporation, firm, or association, shall be accountable for the explosives purchased under the terms of the permit.

(6) A permit holder may purchase explosives for use on several different business locations or construction sites, if the person designated on the permit application is the central agent ordering the explosives, and is responsible for the security and disposition of the explosives at all sites.

(7) If a single corporation or company has multiple business sites, each of which purchases explosives independently, each site shall obtain its own permit.

Section 2. Incorporation by Reference.

(1) Form "(EC-52)", (revised August 1996), is incorporated by reference.

History

RELATES TO: KRS 351.367, 351.370
STATUTORY AUTHORITY: KRS 351.335(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which have a direct bearing on safety to life and property. This administrative regulation establishes guidelines for the necessity of and procedure for obtaining a permit for the purchase of possession of explosives.
History: 805 KAR 004:093. 23 Ky.R. 1820; 2492; eff. 12-11-1996; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:095 Loading of explosives or blasting agents {#sec-805-kar-4-095 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:095}

Section 1. Loading of Explosives or Blasting Agents.

(1) Procedures that permit safe and efficient loading shall be established before loading is started.

(2) All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.

(3) Tamping shall be done only with wood rods or plastic tamping poles without exposed metal parts, but nonsparking metal connectors may be used for jointed poles. Violent tamping shall be avoided. The primer shall never be tamped.

(4) No holes shall be loaded except those to be fired in the next round of blasting. After loading, all remaining explosives and detonators shall be immediately returned to an authorized magazine.

(5) Drilling shall not be started until all remaining butts of old holes are examined for unexploded charges, and if any are found, they shall be refired before work proceeds.

(6) No person shall be allowed to deepen drill holes which have contained explosives or blasting agents.

(7) No explosives or blasting agents shall be left unattended at the blast site.

(8) Machines and all tools not used for drilling, loading and covering the blast shall be removed from the immediate location of holes before explosives are delivered.

(9) No activity of any nature other than that which is required for blasting shall be permitted in a blast area.

(10) Power lines and portable electric cables for equipment being used shall be kept a safe distance from explosives or blasting agents being loaded into drill holes. Cables in the proximity of the blast area shall be deenergized and locked out by the blaster.

(11) Holes shall be checked prior to loading to determine the depth and conditions. Holes shall not be drilled where there is a danger of intersecting a charged or misfired hole.

(12) When loading a long line of holes with more than one (1) loading crew, the crew shall be separated by practical distance consistent with efficient operation and supervision of crews.

(13) No explosives shall be loaded or used underground in the presence of combustible gases or combustible dusts.

(14) In underground blasting, explosives in Fume Class I, as set forth by the Institute of the Makers of Explosives, shall be used; provided, however, that Fume Class I explosives are not required when ventilation adequate to dissipate all fumes is provided and the workings are abandoned for a period of time sufficient to allow dissipation of all fumes.

(15) All blast holes in open work shall be stemmed to the collar or to a point which will confine the charge.

(16) Warning signs, indicating a blast area, shall be maintained at all approaches to the blast area. The warning sign lettering shall not be less than four (4) inches in height on a contrasting background. This subsection does not apply to surface mining.

(17) A borehole shall never be sprung when it is adjacent to or near a hole that is loaded. Flashlight batteries shall not be used for springing holes.

(18) Drill holes that have been sprung or chambered, and which are not water-filled, shall be allowed to cool before explosives are loaded.

(19) No loaded holes shall be left unattended or unprotected.

(20) The blaster shall keep an accurate, up-to-date record of explosives, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operation.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:095. 2 Ky.R. 612; 3 Ky.R. 320; eff. 9-1-1976; 4 Ky.R. 305; eff. 5-3-1978; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:100 Surface transportation of explosives {#sec-805-kar-4-100 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:100}

Section 1.

(1) Transportation of explosives, blasting agents, and blasting supplies, shall be in accordance with the provisions of Department of Transportation regulations contained in 14 CFR 103.1 to 103.23, Air Transportation; 46 CFR 147.1 to 148.04-23, Water Carriers; 49 CFR 171.1 to 179.500-18, Highways and Railways; and 49 CFR 390.1 to 397.225, Motor Carriers.

(2) Motor vehicles or conveyances transporting explosives shall only be driven by, and be in the charge of, a licensed driver who is physically fit, as defined in 49 CFR 391.41, subpart E. He shall be familiar with the local, state, and federal regulations governing the transportation of explosives.

(3) A person shall not smoke, carry matches or any other flame-producing device, or carry firearms or loaded cartridges while in or near a motor vehicle or conveyance transporting explosives, blasting agents, and blasting supplies.

(4) Explosives or blasting agents shall not be transported with other materials or cargoes in the same compartment. Flammable material shall not be carried on the same vehicle as explosives.

(5) Explosives or blasting agents shall be transported in separate vehicles from detonators unless:

(a) The detonators are placed in a type 2 or type 3 magazine secured within the body of the truck;

(b) The detonators and explosives are separated by four (4) inches of hardwood, and the detonators are totally enclosed or confined by the hardwood construction; or

(c) The detonators are placed in suitable containers or compartments constructed in accordance with the Institute of Makers of Explosives Safety Library Publication No. 22.

(6) Vehicles used for transporting explosives shall not exceed their cargo-carrying capacity, and shall be in good mechanical condition.

(7) If high explosives or detonators are transported by a vehicle with an open body, a Class II magazine or original manufacturer's container shall be securely mounted within the bed to contain the cargo. Containers of explosives or detonators shall not be stacked higher than the sides or the tailgate of the vehicle. Blasting agents shall be loaded in a stable manner so that they cannot fall from the vehicle.

(8) All vehicles used for the transportation of explosives shall have tight floors and any exposed spark-producing metal on the inside of the body shall be covered with wood, or other nonsparking material, to prevent contact with containers of explosives.

(9) Every motor vehicle or conveyance used for transporting any quantity of explosive materials on public highways shall display all placards required by the U.S. Department of Transportation. Vehicles transporting high explosives in areas off highways shall be marked or placarded on both sides, front and rear, with either the word "explosives" in red letters not less than four (4) inches in height, on white background, or the appropriate U.S. Department of Transportation placards described in 49 CFR 172.504.

(10) Every vehicle or conveyance transporting blasting agents in areas other than public highways shall be placarded on front, back, and both sides with the words "Blasting Agent" or the appropriate U.S. Department of Transportation placards described in 49 CFR 172.519 through 172.560.

(11) Each motor vehicle used for transporting explosive materials shall be equipped with at least two (2) fire extinguishers in good condition, each with a rating of at least 4A:40BC. The driver shall be trained in the use of the extinguishers on his vehicle.

(12) Fire extinguishers shall be designed and maintained to allow a visual determination that they are fully charged, and shall be located on or in the vehicle in a manner so that they are accessible for immediate use.

(13) Motor vehicles or conveyances carrying explosives, blasting agents, or blasting supplies shall not be taken inside a garage or shop for repairs or servicing.

(14) A motor vehicle transporting explosives shall not be left unattended.

Section 2. Incorporation by Reference.

(1) The "Institute of Makers of Explosives Safety Library Publication No. 22, Recommendations for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials", revised May, 1993 is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Natural Resources, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 351.350, 14 C.F.R. 103.1-103.23, 46 C.F.R. 147.1-148.04-23, 49 C.F.R. 171.1-179.500-18, 390.1-397.225
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of these explosives, which have a direct bearing on safety to life and property. This administrative regulation establishes the requirements for transporting explosive materials in a vehicle and establishes standards for vehicle construction, methods of loading explosives as cargo, and the warning signs and fire extinguishers required for the vehicle.
History: 805 KAR 004:100. 2 Ky.R. 613; 3 Ky.R. 321; eff. 9-1-1976; 4 Ky.R. 305; eff. 5-3-1978; 10 Ky.R. 313; eff. 9-7-1983; 17 Ky.R. 3272; 18 Ky.R. 49; eff. 6-26-1990; 29 Ky.R. 185; 712; eff. 9-16-2002; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:105 Underground transportation of explosives {#sec-805-kar-4-105 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:105}

Section 1. Underground Transportation of Explosives (Noncoal).

(1) All explosives or blasting agents in transit underground shall be taken to the place of use or storage without delay.

(2) The quantity of explosives or blasting agents taken to an underground loading area shall not exceed the amount estimated to be necessary for the blast.

(3) Explosives in transit shall not be left unattended.

(4) The hoist operator shall be notified before explosives or blasting agents are transported in a shaft conveyance.

(5) Trucks used for the transportation of explosives underground shall have the electrical system checked weekly to detect any failures which may constitute an electrical hazard. A written record of such inspections shall be kept on file.

(6) The installation of auxiliary lights on truck beds, which are powered by the truck's electrical system, shall be prohibited.

(7) Explosives and blasting agents shall be hoisted, lowered, or conveyed in a powder car. No other materials, supplies or equipment shall be transported in the same conveyance at the same time.

(8) No one, except the operator, his helper, and the powder man, shall be permitted to ride on a conveyance transporting explosives and blasting agents.

(9) No person shall ride in any shaft conveyance transporting explosives and blasting agents.

(10) No explosives or blasting agents shall be transported on any locomotive. At least two (2) car lengths shall separate the locomotive from the powder car.

(11) No explosives or blasting agents shall be transported on a man-haul trip.

(12) The car or conveyance containing explosives or blasting agents shall be pulled, not pushed, whenever possible.

(13) The powder or car or conveyance especially built for the purpose of transporting explosives or blasting agents shall bear a reflected sign on each side with the word "Explosives" in letters, not less than four (4) inches in height, upon a background of sharply contrasting color.

(14) Compartments for transporting detonators and explosives in the same car or conveyance shall be physically separated by a distance of twenty-four (24) inches or by a solid partition at least four (4) inches thick.

(15) Explosives, blasting agents, or blasting supplies shall not be transported with other materials.

(16) Explosives or blasting agents, not in original containers, shall be placed in a suitable container when transported manually.

(17) Detonators, primers, and other explosives shall be carried in separate containers when transported manually.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:105. 2 Ky.R. 613; 3 Ky.R. 364; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:110 Initiation of explosive charges; electric blasting {#sec-805-kar-4-110 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:110}

Section 1.

(1) Electric blasting caps shall not be used where sources of extraneous electricity make the use of electric blasting caps dangerous. Blasting cap leg wires shall be kept short-circuited (shunted) until they are connected into the circuit for firing.

(2) Before adopting any system of electrical firing, the blaster shall conduct a thorough survey for extraneous currents, and all dangerous currents shall be eliminated before any holes are loaded.

(3) In any single blast using electric blasting caps, all caps shall be of the same style or function, and of the same manufacture.

(4) Electric blasting shall be carried out by using blasting circuits or power circuits in accordance with the electric blasting cap manufacturer's recommendations, or those of an approved contractor or his designated representative.

(5) When firing a circuit of electric blasting caps, care shall be exercised to insure that an adequate quantity of delivered current is available, in accordance with the manufacturer's recommendations.

(6) Connecting wires and lead wires shall be insulated single solid wires of sufficient current-carrying capacity. In addition, the lead wire shall be of sufficient length to allow the blast to be detonated from a safe distance and location.

(7) Bus wires shall be solid single wires of sufficient current-carrying capacity.

(8) When firing electrically, the insulation on all firing lines shall be adequate and in good condition.

(9) A power circuit used for firing electric blasting caps shall not be grounded.

(10) In underground operations, when firing from a power circuit, a safety switch shall be placed in the permanent firing line at intervals. This switch shall be made so it can be locked only in the "off" position and shall be provided with a short-circuiting arrangement of the firing lines to the cap circuit.

(11) In underground operations there shall be a "lightning" gap of at least five (5) feet in the firing system ahead of the main firing switch; that is, between this switch and the source of power. This gap shall be bridged by a flexible jumper cord immediately before firing the blast.

(12) When firing from a power circuit, the firing switch shall be locked in the open or "off" position at all times, except when firing. It shall be so designed that the firing lines to the cap circuit are automatically short-circuited when the switch is in the "off" position. Keys to this switch shall be entrusted only to the blaster.

(13) Blasting machines shall be in good condition and the efficiency of the machine shall be tested periodically to make certain that it can deliver power at its rated capacity.

(14) When firing with blasting machines, the connections shall be made as recommended by the manufacturer of the electric blasting caps used.

(15) The number of electric blasting caps connected to a blasting machine shall not be in excess of its rated capacity. Furthermore, a series circuit shall contain no more caps than the limits recommended by the manufacturer of the electric blasting caps in use.

(16) The blaster shall be in charge of the blasting machines and no other person shall connect the leading wires to the machine except under the direction of the blaster.

(17) Blasters shall test all electric blasting caps and electric blasting cap circuits by using only a blasting galvanometer, blasting ohmmeter, or blasting multimeter, designed specifically for the purpose of testing individual electric blasting caps and circuits containing electric blasting caps. Such instruments shall be clearly marked as being designed for such purposes, and shall be used in accordance with the manufacturer's recommendations.

(18) Whenever the possibility exists that a leading line or blasting wire might be thrown over a live powerline by the force of an explosion, care shall be taken to see that the total length of wires are kept too short to hit the lines, or that the wires are securely anchored to the ground. If neither of these requirements can be satisfied, a nonelectric system shall be used.

(19) Leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired.

(20) After firing an electric blast from a blasting machine, the leading wires shall be immediately disconnected from the machine and short-circuited.

(21) All blasting machines, other than rack-bar and twist type generators, shall have a normally open firing switch equipped with a spring device or other self-returning mechanism that automatically returns it to the nonfiring position after the shot has been detonated.

(22) Due precautions shall be taken to prevent accidental discharge of electric blasting caps or explosives from current induced by radar, radio transmitters, lightning, adjacent powder lines, dust storms, or other sources of extraneous electricity. These precautions shall include:

(a) The shunting or short-circuiting of detonators in holes which have been primed until wired into the blasting circuit.

(b) The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm.

(c) The prominent display of adequate signs, warning against the use of mobile radio transmitters, on all roads within 1,000 feet of blasting operations. Whenever adherence to the 1,000-foot distance would create an operational handicap, this distance may be modified so long as the modification is adequately designed in compliance with paragraph (e) of this subsection to prevent any premature firing of electric blasting caps. Specimens of signs which satisfy these requirements are as follows:

(d) Mobile radio transmitters which are less than 100 feet away from electric blasting caps in other than original containers may be left "on" for receiving purposes, but may only be used to transmit if in compliance with paragraph (e) of this subsection.

(e) Compliance with the recommendations of the Institute of Makers of Explosives with regard to blasting in the vicinity of radio transmitters as stipulated in "Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Commercial Electric Detonators," IME Publication No. 20, December 1988, incorporated herein by reference. This document may be reviewed or copied at the Department for Natural Resources, 300 Sower Boulevard, Frankfort, KY 40601 during normal business hours from 8 a.m. to 4:30 p.m.

(23) All electric blasts shall be fired with an electric blasting machine or power source designed specifically for detonating electric blasting caps.

(24) In parallel blasting circuits, the circuit shall be wired so that the resistances in all series are balanced.

(25) When blasting electrically, a blasting galvanometer, blasting ohmmeter, or blasting multimeter shall be used to test:

(a) Resistance of individual caps, series of caps, or the resistance of multiple balanced series to be connected in parallel prior to their connection to the blasting line;

(b) Continuity of blasting lines prior to the connection of electric blasting cap series; and

(26) Immediately after the blast has been fired, the firing line shall be disconnected from the blasting machine, or where power switches are used, they shall be locked open or in the "off" position.

History

RELATES TO: KRS 351.350
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and assembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:110. 2 Ky.R. 614; 3 Ky.R. 321; eff. 9-1-1976; 4 Ky.R. 306; eff. 5-3-1978; 11 Ky.R. 789; eff. 12-11-1984; 17 Ky.R. 3274; 18 Ky.R. 50; eff. 6-26-1991; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:115 Safety fuses {#sec-805-kar-4-115 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:115}

Section 1. Use of Safety Fuses.

(1) The use of a fuse that has been hammered or injured in any way shall be forbidden.

(2) The hanging of a fuse on nails or other projections which will cause a sharp bend to be formed in the fuse is prohibited.

(3) Before capping safety fuse, a short length shall be cut from the end of the supply reel so as to assure a fresh cut end in each blasting cap.

(4) Only a cap crimper of approved design shall be used for attaching blasting caps to safety fuse. Crimpers shall be kept in good repair and accessible to use.

(5) No unused cap or short capped fuse shall be placed in any hole to be blasted; such unused detonators shall be removed from the working place and destroyed. This prohibition shall not apply to surface mining operations.

(6) No fuse shall be capped or primer made up, in any magazine or near any possible source of ignition.

(7) No one shall be permitted to carry detonators or primers of any kind on his person.

(8) The minimum length of safety fuse to be used in blasting shall be as required by state law, but shall not be less than thirty (30) inches.

(9) At least two (2) men shall be present when multiple cap and fuse blasting is done by hand lighting methods.

(10) Not more than twelve (12) fuses shall be lighted by each blaster when hand lighting devices are used. However, when two (2) or more safety fuses in a group are lighted as one (1) by means of igniting cord or other similar fuse lighting devices, they may be considered as one (1) fuse.

(11) The so-called "drop fuse" method of dropping or pushing a primer or any explosive with a lighted fuse attached is forbidden.

(12) Cap and fuse shall not be used for firing mud-cap charges unless charges are separated sufficiently to prevent one (1) charge from dislodging other shots in the blast.

(13) When blasting with safety fuses consideration shall be given to the length and burning rate of the fuse. Sufficient time, with a margin of safety, shall always be provided for the blaster to reach a place of safety.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:115. 2 Ky.R. 615; 3 Ky.R. 322; eff. 9-1-1976; 4 Ky.R. 307; eff. 5-3-1978; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:120 Detonating cords {#sec-805-kar-4-120 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:120}

Section 1.

(1) The blaster shall select a detonating cord consistent with the type and physical condition of the borehole and stemming and the type of explosives used.

(2) Detonating cord shall be handled and used with the same respect and care given other explosives.

(3) The line of detonating cord extending out of a borehole or from a charge shall be cut from the supply spool before loading the remainder of the borehole or placing additional charges.

(4) Detonating cords shall be handled and used with care to avoid damaging or severing the cord during and after loading and hooking-up.

(5) Detonating-cord connections shall be competent and positive in accordance with approved and recommended methods. Knot type or other cord-to-cord connections shall be made only with detonating cords in which the explosive core is dry.

(6) All detonating-cord trunk lines and branch lines shall be free of loops, sharp kinks, or angles that direct the cord back toward the oncoming line of detonation.

(7) All detonating-cord connections shall be inspected before firing the blast.

(8) When detonating-cord millisecond-delay connectors or short-interval-delay electric blasting caps are used with detonating cords, such use shall conform strictly with the manufacturer's recommendations.

(9) When connecting a blasting cap or an electric blasting cap to a detonating cord, the cap shall be taped or otherwise attached securely along the side or the end of the detonating cord, with the end of the cap containing the explosive charge pointed in the direction in which the detonation is to proceed.

(10) Detonators for firing the trunk line shall not be attached to the detonating cord until everything else is in readiness for the blast.

(11) All trunk lines of detonating cord shall be covered if located within 800 feet of any public highway, dwelling house, public building, school, church, commercial or institutional building.

(12) When the use of detonating cord would cause severe concussion, the department may cause all trunk lines to be covered by a minimum of six (6) inches of loose earth.

History

RELATES TO: KRS 351.350
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:120. 2 Ky.R. 615; 3 Ky.R. 364; eff. 9-1-1976; 17 Ky.R. 3274; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:125 Firing the blast {#sec-805-kar-4-125 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:125}

Section 1. Firing the Blast.

(1) A code of blasting signals equivalent to Table U-1 shall be posted at one (1) or more conspicuous places at the operations, and all employees shall be required to familiarize themselves with the code and conform to it. The blaster shall ensure that this code is communicated clearly to all persons who may enter the danger zone surrounding the blast area. Danger signs shall be placed at all entrances to the blast area. TABLE U-1 WARNING SIGNAL - A one (1) minute series of long blasts five (5) minutes prior to the blast signal. BLAST SIGNAL - A series of short blasts one (1) minute prior to the detonation. ALL CLEAR SIGNAL - A prolonged blast following the inspection of the blast area.

(2) The device used to issue the warning signals shall be loud enough to be heard by all persons in the danger zone around the blast, and shall have a sound distinctive enough to be readily identified. Ordinary truck and automobile horns shall not be used as warning signals.

(3) Before a blast is fired, the blaster in charge shall:

(a) Make certain that all surplus explosives are in a safe place;

(b) Make certain that all persons, vehicles, and equipment are at a safe distance or under sufficient cover; and

(4) No person shall remain in an area within the danger zone after being requested to leave by the blaster in charge or by a state explosives and blasting inspector.

(5) Flagmen shall be safely stationed on highways which pass through the danger zone to stop traffic during blasting operations.

(6) It shall be the duty of the blaster to fix the time of blasting and to determine the area constituting the danger zone around the blast within which the warning signals shall be audible.

(7) If necessary for public safety, the department may require the blaster to submit a written plan describing the warning signals, notification procedures, and access control methods to be used on a particular blast site.

(8) Before firing an underground blast, warning shall be given, and all possible entries into the blasting area and any entrances to any working place where a drift, raise or other opening is about to hole through, shall be carefully guarded. The blaster shall make sure that all persons are out of the blast area before detonating a blast.

History

RELATES TO: KRS 351.330, 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of these explosives which have a direct bearing on safety to life and property. This administrative regulation establishes the safety procedures to be used prior to detonation of a blast, including warning signals, control of access to the blast area, and procedures for clearing the area around the blast.
History: 805 KAR 004:125. 2 Ky.R. 616; 3 Ky.R. 364; eff. 9-1-1976; 4 Ky.R. 307; eff. 5-3-1978; 29 Ky.R. 187; 712; eff. 9-16-2002; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:130 Underwater blasting {#sec-805-kar-4-130 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:130}

Section 1. Underwater Blasting.

(1) A blaster shall conduct all blasting operations, and no shot shall be fired without his approval.

(2) Loading tubes and casings of dissimilar metals shall not be used because of possible electric transient currents from galvanic action of the metals and water.

(3) Only water-resistant blasting caps and detonating cords shall be used for all marine blasting. Loading shall be done through a nonsparking metal loading tube when tube is necessary.

(4) No blast shall be fired while any vessel under way is closer than 1,500 feet to the blasting area. Those on board vessels or crafts moored or anchored within 1,500 feet shall be notified before the blast is fired.

(5) No blast shall be fired while any swimming or diving operations are in progress in the vicinity of the blasting area. If such operations are in progress, signals and arrangements shall be agreed upon to assure that no blast shall be fired while any person is in the water.

(6) Blasting flags shall be displayed.

(7) The storage and handling of explosives aboard vessels used in underwater blasting operations shall be according to the provisions outlined herein on handling and storing explosives.

(8) When more than one (1) charge is placed underwater, a float device shall be attached to an element of each charge in such a manner that it will be released by the firing. Misfires shall be handled in accordance with the requirements of 805 KAR 4:140.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:130. 2 Ky.R. 616; 3 Ky.R. 364; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:135 Blasting under compressed air {#sec-805-kar-4-135 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:135}

Section 1. Blasting in Excavation Work under Compressed Air.

(1) Detonators and explosives shall not be stored or kept in tunnels, shafts, or caissons. Detonators and explosives for each round shall be taken directly from the magazines to the blasting zone and immediately loaded. Detonators and explosives left over after loading a round shall be removed from the working chambers before connecting wires are connected.

(2) When detonators or explosives are brought into an air lock, no employee except the powderman, blaster, lock tender and the employees necessary for carrying, shall be permitted to enter the air lock. No other materials, supplies, or equipment shall be locked through with the explosives.

(3) Detonators and explosives shall be taken separately into pressure working chambers.

(4) The blaster or powderman shall be responsible for the receipt, unloading, storage, and on-site transportation of explosives and detonators.

(5) All metal pipes, rails, air locks, and steel tunnel lining shall be electrically bonded together and grounded at or near the portal or shaft, and such pipes and rails shall be crossbonded together at not less than 1,000-foot intervals throughout the length of the tunnel. In addition, each low air supply pipe shall be grounded at its delivery end.

(6) The explosives suitable for use in wet holes shall be water resistant and shall be in fume Class I.

(7) When tunnel excavation in rock face is approaching mixed face, and when tunnel excavation is in mixed face, blasting shall be performed with light charges and with light burden on each hole. Advanced drilling shall be performed as tunnel excavation in rock face approaches mixed face, to determine the general nature and extent of rock cover and the remaining distance ahead to soft ground as excavation advances.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:135. 2 Ky.R. 617; 3 Ky.R. 323; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:140 Misfires {#sec-805-kar-4-140 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:140}

Section 1.

(1) If a misfire is found, the blaster shall guard the blasting area and exclude all employees from the danger zone.

(2) No other work shall be done except that necessary to remove the hazard of the misfire and only those employees necessary to do the work shall remain in the danger zone.

(3) No attempt shall be made to extract explosives from any charged or misfired hole; a new primer shall be put in and the hole reblasted. If refiring on the misfired hole presents a hazard, the explosives may be removed by washing out with water or, if the misfire is under water, blown out with air.

(4) If there is a misfire while using cap and fuse, all employees shall remain away from the charge for at least one (1) hour.

(5) If electric blasting caps have been used, employees shall not return to misfired holes for at least fifteen (15) minutes.

(6) If a completely nonelectric initiation system, other than safety fuse, has been used, persons shall not return to a misfired hole for at least fifteen (15) minutes.

(7) Drilling, digging, or picking shall not be permitted until all missed holes have been detonated or the authorized representative has approved that work can proceed.

(8) A misfire shall be handled under the direction of the blaster in charge. All connections shall be carefully traced and a search made for unexploded charges.

History

RELATES TO: KRS 351.315, 351.350
STATUTORY AUTHORITY: KRS 351.335(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335(1) authorizes the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation establishes safety guidelines for licensed blasters in the event of a misfire.
History: 805 KAR 004:140. 2 Ky.R. 617; 3 Ky.R. 364; eff. 9-1-1976; 4 Ky.R. 308; eff. 5-3-1978; 17 Ky.R. 3277; eff. 6-26-1991; 23 Ky.R. 1752; 2493; eff. 12-11-1996; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:145 Inspection after blasting {#sec-805-kar-4-145 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:145}

Section 1. Inspection after Blasting.

(1) Immediately after the blast has been fired, the firing line shall be disconnected from the blasting machine, or where power switches are used, they shall be locked open or in the "off" position.

(2) Sufficient time shall be allowed, not less than fifteen (15) minutes in tunnels, for the smoke and fumes to leave the blasted area before returning to the shot. An inspection of the area and the surrounding rubble shall be made by the blaster to determine if all charges have been exploded before employees are allowed to return to the operation.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:145. 2 Ky.R. 618; 3 Ky.R. 323; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:150 Variances {#sec-805-kar-4-150 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:150}

Section 1. Variances.

(1) The commissioner may grant variances from 805 KAR 4:070 to 805 KAR 4:150 if it can be demonstrated said variance improves safety conditions; or that said variance will provide such safe conditions as those which would prevail if there was compliance with the standard.

(2) Such a variance may be modified or revoked by the commissioner.

History

RELATES TO: KRS 351.350, 351.990
STATUTORY AUTHORITY: KRS 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.335 requires the Department for Natural Resources to promulgate rules and administrative regulations concerning the manufacture, transportation, sale, storage, or use of explosives and unassembled components of explosives, and the maintenance of such explosives which has a direct bearing on safety to life and property. This administrative regulation effects the provisions of that law.
History: 805 KAR 004:150. 2 Ky.R. 618; 3 Ky.R. 364; eff. 9-1-1976; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:155 Ground vibration standards for surface coal mines {#sec-805-kar-4-155 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:155}

Section 1. Blasting operations conducted as part of surface coal mining, or as part of the surface operations of an underground coal mine, shall comply with the standards contained in this section.

(1) The maximum allowable peak particle velocity for ground vibration measured at the location of the nearest dwelling, public building, church or commercial building shall not exceed the limits established in Table 1 as follows:

(2) The peak particle velocity specified in this section shall be measured in three (3) mutually perpendicular directions, and the maximum allowable limits shall apply to each of these measurements.

(3) The ground vibration limits shall not apply to property owned by the coal mine, or to property on which the owner gives a written waiver to exceed the maximum allowable limits.

Section 2.

(1) In place of the limits established in Section 1 of this administrative regulation, a blaster may elect to comply with the following graph limiting peak particle velocity based upon the frequency content of the blast vibration. If this criterion is chosen to limit vibration levels, the method of monitoring the vibrations and calculating the frequency content shall be approved by the department before its implementation by the blaster.

(2) Unless the blaster uses a seismograph on every blast to demonstrate compliance with the maximum allowable limits established in section 1, or has been granted a modified scale distance factor by the department, he must comply with the scale distance equations in Table 2 as follows:

(3) If a blaster considers the table of scale distance equations in subsection (2) of this section too conservative, he may petition the department for a modified table for blasting operations at a particular site. Such a petition shall include seismograph reports demonstrating that any modified scale distance equations would not cause the predicted ground vibration to exceed the peak particle velocity limits established in Section 1 of this administrative regulation.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that the Department for Natural Resources prescribe rules to ensure that the restrictions on maximum peak particle velocity be consistent with federal statutes and regulations. This administrative regulation effects those provisions.
History: 805 KAR 004:155. 17 Ky.R. 3338; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:160 Airblast {#sec-805-kar-4-160 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:160}

Section 1.

(1) Maximum allowable airblast at any dwelling, public building, school, church, commercial or institutional building shall not exceed 129 decibels when measured by an instrument having a flat frequency response (+/- 3 decibels) over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a flat frequency response (+/- 3 decibels) over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibels.

(2) If the department believes that the airblast from a blasting operation is exceeding or threatening to exceed the limits in subsection (1), it may require that the blaster monitor the air airblast for a specified period.

(3) The blaster shall take precautions, including the adequate confinement of all explosive materials, to ensure that the airblast limits in subsection (1) of this section are met.

(4) The department may require lower limits than those specified in subsection 1 in the vicinity of buildings with increased susceptibility to damage from airblast, such as those with large plate glass windows, or in areas where excessive airblast could be deemed unacceptable, such as near hospitals or schools.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that the Department for Natural Resources prescribe rules to ensure that the use of explosives be done in a manner so that the safety of persons or property is not threatened. This administrative regulation provides rules to protect persons and property from the effects of excessive airblast.
History: 805 KAR 004:160. 17 Ky.R. 3340; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

805 KAR 4:165 Use of nonelectric initiation systems {#sec-805-kar-4-165 omnilex-key=us-ky-regs-official--title-805--805 KAR 4:165}

Section 1.

(1) All nonelectric initiation systems and components of these systems shall be used in accordance with their manufacturers recommendations and instructions.

(2) All members of the blasting crew shall be instructed in the safe use of the initiation system and its components. It shall be the duty of the blaster in charge to provide adequate on-the-job training and supervision in the safe use of such system.

(3) No tool shall be used to pry on any component containing a detonator, nor shall any tool be used to open, close, fasten, or clean out any connector containing a detonator of detonating device.

(4) Components of any initiating system shall be used as originally manufactured; no one shall attempt to modify or alter any component of an initiation system. Components which are defective, damaged, or incompatible shall not be used, but should be returned to the manufacturer or properly destroyed.

(5) When using surface components which detonate and throw shrapnel, such components shall be covered with adequate amounts of earth of other materials to prevent cut-offs and misfires.

(6) All blasting operations shall cease during the approach and progress of a thunderstorm, regardless of the type of initiation system in use.

(7) All detonators shall be completely embedded inside the primer cartridge, and securely fastened in a manner to prevent excessive tension or bending of the cord or tube.

(8) When and explosive bulk truck or other vehicle is operated on a blast site, care shall be taken to ensure that the vehicle is not driven over the tubing, connectors of any surface delay component. Precautions shall be made to protect these elements before the vehicle is operated on the blast site.

(9) When using a system with surface delays or detonators, any row of holes near a highwall where there is a danger of falling rocks shall be connected into the shot last.

(10) In multiple row blasts, the initiation system shall not be connected from row to row until all drilling and loading have been completed. In single row blasts, the components shall not be connected from hole to hole until all drilling and loading are completed.

History

RELATES TO: KRS 351.330
STATUTORY AUTHORITY: KRS Chapter 13A, 351.335
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.330 requires that the Department for Natural Resources prescribe rules to ensure that the use of explosives be conducted in a manner so that the safety of persons or property is not threatened. This administrative regulation provides standards to prevent the misuse of nonelectric initiation systems.
History: 805 KAR 004:165. 17 Ky.R. 3341; eff. 6-26-1991; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 6-2-2025.

Chapter 5 Division of Mining

805 KAR 5:010 Fees for licenses to mine {#sec-805-kar-5-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 5:010}

Section 1. The amount of the license fee for a mine shall be established as follows:

(1) The annual license fee for a new mine shall be $300. A "new mine" shall include a mine which has previously produced coal, but was not licensed and operating in the immediately previous year.

(2) The annual license fee for a mine licensed and producing coal in the immediately preceding calendar year shall be as follows:

(a) Mines producing 100,000 tons or less in the previous year - $300.

(b) Mines producing more than 100,000 tons in the previous year - $300, plus $100 for each additional 100,000 tons mined or part thereof.

History

RELATES TO: KRS 351.175(3)
STATUTORY AUTHORITY: KRS 351.070(13), 351.175(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.175(3) requires the Department for Natural Resources to establish mine license fees. This administrative regulation establishes the fees to be charged for a license to operate a mine.
History: 3 Ky.R. 187; eff. 9-1-1976; 328; 437; eff. 11-3-1976; 8 Ky.R. 356; eff. 1-6-1982; 19 Ky.R. 2739; eff. 7-21-1993; 23 Ky.R. 1019; 1599; eff. 10-14-1996; TAm eff. 8-9-2007; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 5:030 Prohibition against working or traveling under an unsupported roof; penalties {#sec-805-kar-5-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 5:030}

Section 1. Definitions.

(1) "Mine foreman" is defined by KRS 351.010(1)(r).

(2) "Unsupported roof" means the roof in a portion of an underground coal mine in which a temporary or permanent roof support system has not been installed:

(a) Including all areas of an underground coal mine, such as breaks, fall areas, and pillar lines; and

(b) Excluding a roof which has adequate natural support either initially or following the installation of artificial roof support.

Section 2.

(1)

(a) A person shall not work or travel under an unsupported roof in an underground coal mine.

(b) Mining-related activities, including equipment installation and maintenance, clean-up or activities preparatory to the installation of temporary or permanent roof support shall not be performed under an unsupported roof, and justification for performing these acts shall not be accepted by the department.

(2)

(a) A person working in an underground coal mine shall be instructed by management of the mine of the hazards of proceeding beyond temporary or permanent roof support.

(b) A person who proceeds beyond temporary or permanent roof support shall be personally liable for violation of proceeding beyond temporary or permanent roof support.

(c) A mine foreman or section foreman shall exercise primary and ultimate responsibility to ensure that a person shall not work or travel under an unsupported roof.

(3)

(a) If an inspector for the department does not observe a person working or traveling under an unsupported roof, the inspector shall determine if the area below an unsupported roof appears to have been used or otherwise occupied by mining personnel.

(b) Use or occupancy shall be deemed to have occurred if there is physical evidence indicating to the inspector that a person has worked or traveled under an unsupported roof.

Section 3.

(1) If an inspector of the department observes or determines that mine personnel have proceeded under an unsupported roof, the inspector shall document the observation in a report to the district supervisor. That report shall include:

(a) The name and location of the mine at which the violation is alleged to have occurred;

(b) The time and date of the violation, if known;

(d) The basis for that belief if conduct was not actually observed;

(e) The name of the mine foreman or section foreman under whose responsibility the person was working when the conduct occurred; and

(f) The name of the instructor who administered the most recent training to the person alleged to have proceeded under an unsupported roof, the date of that training, and the location at which the training was administered.

(2) The report shall be tendered to the district supervisor within two (2) working days of the date upon which the inspector observes or becomes aware of the violation alleged.

(3) Upon receipt of the report from the inspector, the district supervisor shall forward to the Executive Director of the Office of Mine Safety and Licensing, a copy of the report and a letter describing the severity of the violation and naming personnel who are responsible for the violation.

History

RELATES TO: KRS 351.020, 352.201, EO 2009-538
STATUTORY AUTHORITY: KRS 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Environmental and Public Protection Cabinet to promulgate administrative regulations necessary and suitable for the proper administration of KRS Chapter 351. 352.201 requires each underground mine to have an approved roof control plan and directs that a person shall not proceed beyond temporary or permanent roof support. EO 2009-538, effective June 12, 2009, abolishes the Environmental and Public Protection Cabinet and establishes the new Energy and Environment Cabinet. This administrative regulation establishes procedures for the department's response in circumstances in which a person works or travels under an unsupported roof.
History: 19 Ky.R. 845; 1084; eff. 11-9-1992; 36 Ky.R. 656; 1062; 1220; eff. 12-11-2009; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 5:070 Minimum requirements for roof support and the roof control plan approval process {#sec-805-kar-5-070 omnilex-key=us-ky-regs-official--title-805--805 KAR 5:070}

Section 1. Definitions. The definitions established in KRS 351.010 and 352.010 shall apply to this administrative regulation, in addition to those set out below:

(1) "Automated temporary roof support" or "ATRS" means a mechanical device used to temporarily support the roof while roof bolts are being installed.

(2) "Automated temporary roof support system" means the devices and mechanisms - including the ATRS - used, and methods followed by which ATRS is activated and set to support the roof.

(3) "Mining height" means the distance between the bottom of the coal seam and the bottom of permanent mechanical roof support, and specifically does not include or apply to the brushing of top or bottom for construction work and to coal left unmined for purposes of providing additional roof support.

(4) "Pillar recovery" means any reduction in pillar size during retreat mining.

(5) "Roof control plan" means the plan and its revisions which has been adopted by the licensee for support of the mine roof and approved by the commissioner or his authorized representative pursuant to KRS 352.201(1).

Section 2. Mining Methods.

(1) The method of mining shall not expose any person to hazards caused by excessive widths of rooms, crosscuts and entries, or faulty pillar recovery methods. Pillar dimensions shall be compatible with effective control of the roof, face, ribs and coal or rock bursts.

(2) A sightline or other method of directional control shall be used to maintain the projected direction of mining in entries, rooms, crosscuts and pillar splits.

(3) A sidecut shall be started only from an area that is supported in accordance with the roof control plan.

(4) A working face shall not be mined through into an unsupported area of active workings, except when the unsupported area is inaccessible.

(5) Additional roof support shall be installed where:

(a) The width of the opening specified in the roof control plan is exceeded by more than twelve (12) inches; and

(b) The distance over which the excessive width exists is more than five (5) feet.

Section 3. Roof Bolting.

(1) For roof bolts and accessories addressed in American Society for Testing and Materials (ASTM, F 432-95), the licensee shall:

(a) Obtain a manufacturer's certification that the material was manufactured and tested in accordance with the specifications of ASTM; and

(b) Make this certification available to an authorized representative of the commissioner.

(2) Roof bolts and accessories not addressed in the material incorporated by reference may be used, if the use of those roof bolts and accessories is approved by the commissioner or his authorized representative based on:

(a) Demonstrations which show that the materials have successfully supported the roof in an area of a coal mine with similar strata, opening dimensions and roof stresses; or

(b) Tests which show the materials to be effective for supporting the roof in an area of the affected mine which has strata, opening dimensions and roof stresses similar to those in the area where the roof bolts are to be used; during the test process, access to the test area shall be limited to persons necessary to conduct the test.

(3) A bearing plate shall be firmly installed with each roof bolt.

(4) A bearing plate used directly against the mine roof shall be at least six (6) inches square, except that if the mine roof is firm and not susceptible to sloughing, bearing plates five (5) inches square may be used.

(5) A bearing plate used with wood or metal materials shall be at least four (4) inches square.

(6) Wooden materials that are used between a bearing plate and the mine roof in an area which will be used for three (3) years or more shall be treated to minimize deterioration.

(7) When washers are used with roof bolts, the washers shall conform to the shape of the roof bolt head and bearing plate.

(8) The diameter of a finishing bit shall be within a tolerance of plus or minus 0.030 inch of the manufacturer's recommended hole diameter for the anchor used.

(9) When separate finishing bits are used, they shall be distinguishable from other bits.

Section 4. Tensioned Roof Bolts.

(1) Roof bolts that provide support by creating a beam of laminated strata shall be at least thirty (30) inches long. Roof bolts that provide support by suspending the roof from overlying stronger strata shall be long enough to anchor at least twelve (12) inches into the stronger strata.

(2) Test holes, spaced at intervals specified in the roof control plan, shall be drilled to a depth of at least twelve (12) inches above the anchorage horizon of the bolts being used. When a test hole indicates that bolts would not anchor in competent strata, corrective action shall be immediately taken.

(3) The installed torque or tension ranges for roof bolts as specified in the roof control plan shall maintain the integrity of the support system and shall exceed neither the yield point of the roof bolt nor anchorage capacity of the strata.

(4) In each roof bolting cycle, the actual torque or tension of the first tensioned roof bolt installed with each drill head shall be measured immediately after it is installed. Thereafter, for each drill head used, at least one (1) roof bolt out of every four (4) installed shall be measured for actual torque or tension. If the torque or tension of any of the roof bolts measured is not within the range specified in the roof control plan, corrective action shall be taken.

(5) In a working place from which coal is produced during any portion of a twenty-four (24) hour period, the actual torque or tension on at least one (1) out of every ten (10) previously installed, mechanically anchored, tensioned roof bolts shall be measured from the outby corner of the last open crosscut to the face in each advancing section. Corrective action shall be taken if the majority of the bolts measured:

(a) Do not maintain at least the following percentages of the minimum torque or tension specified in the roof control plan:

Seventy (70) percent; or
Fifty (50) percent if the roof bolt plates bear against wood;

(b) Have exceeded the maximum specified torque or tension by fifty (50) percent.

(6) The licensee or a person designated by him shall certify by signature and date that measurements required by subsection (5) of this section have been made. This certification shall be maintained for at least one (1) year and shall be made available to an authorized representative of the commissioner and representatives of the miners.

(7) A tensioned roof bolts installed in the roof support pattern shall not be used to anchor trailing cables or used for any other purpose that could affect the tension of the bolt. The hanging of trailing cables, line brattice, telephone lines, or other similar devices which do not place a sudden load on the bolts is permitted.

(8) An angle compensating device shall be used when tensioned roof bolts are installed at an angle greater than five (5) degrees from the perpendicular to the bearing plate.

(9) The first nontensioned grouted roof bolt installed during each roof bolting cycle shall be tested during or immediately after the first row of bolts has been installed. If the bolt tested does not withstand at least 150 foot-pounds of torque without rotating in the hole, corrective action shall be taken.

Section 5. Installation of Roof Support Using Mining Machines with Integral Roof Bolters. When roof bolts are installed by a continuous mining machine with integral roof bolting equipment:

(1) The distance between roof bolts shall not exceed ten (10) feet crosswise;

(2) Roof bolts to be installed nine (9) feet or more apart shall be installed with a wooden crossbar at least three (3) inches thick and eight (8) inches wide, or material which provides equivalent support; and

(3) Roof bolts to be installed more than eight (8) feet but less than nine (9) feet apart shall be installed with a wooden plank at least two (2) inches thick and eight (8) inches wide, or material which provides equivalent support.

Section 6. Conventional Roof Support.

(1) When conventional roof support materials are used as the only means of support:

(a) The width of any opening shall not exceed twenty (20) feet;

(b) The spacing of roadway roof support shall not exceed five (5) feet;

(d) If supports nearest the face must be removed to facilitate the operation of face equipment, equivalent temporary support shall be installed prior to their removal;

(e) A straight roadway shall not exceed sixteen (16) feet wide where full overhead support is used and fourteen (14) feet wide where only posts are used;

(f) A curved roadway shall not exceed sixteen (16) feet wide; and

(g) The roof at the entrance of all openings along travelways which are no longer needed for storing supplies or for travel of equipment shall be supported by extending the line of support across the opening.

(2) Conventional roof support materials shall meet the following specifications:

(a) The minimum diameter of cross-sectional area of wooden posts shall be as follows:

(b) Wooden materials used for support shall have the following dimensions:

Cap blocks and footings shall have flat sides and be at least two (2) inches thick, four (4) inches wide and twelve (12) inches long;
Crossbars shall have a minimum cross-sectional area of twenty-four (24) square inches and be at least three (3) inches thick;
Planks shall be at least six (6) inches wide and one (1) inch thick.

(3)

(a) A cluster of two (2) or more posts that provide equivalent strength may be used to meet the requirements of subsection (2)(a) of this section.

(b) A post shall not have a diameter less than four (4) inches or have a cross-sectional area less than thirteen (13) square inches.

(4) Materials other than wood used for support shall have support strength at least equivalent to wooden material meeting the applicable provisions of this section.

(5) Posts and jacks shall be tightly installed on solid footing.

(6) If a post is installed under roof susceptible to sloughing, a cap block, plank, crossbar or materials that are equally effective shall be placed between the post and the roof.

(7) Blocks used for lagging between the roof and crossbars shall be spaced to distribute the load.

(8) A jack used for roof support shall be used with at least thirty-six (36) square inches of roof-bearing surface.

Section 7. Pillar Recovery.

(1) Full and partial pillar recovery shall not be conducted on the same pillar line, except where physical conditions such as unstable floor or roof, falls of roof, oil and gas well barriers or surface subsidence require that pillars be left in place.

(2) Before mining is begun in a pillar split or lift:

(a) At least two (2) rows of breaker posts or equivalent support shall be installed as close to the initial intended breakline as practicable and across each opening leading into an area where full or partial pillar extraction has been completed; and

(b) A row of roadside-radius (turn) posts or equivalent support shall be installed leading into the split or lift.

(3) Before mining is started on a final stump:

(a) At least two (2) rows of posts or equivalent support shall be installed on not more than four (4) foot centers on each side of the roadway;

(b)

No more than one (1) roadway, which shall not exceed sixteen (16) feet wide, shall lead from solid pillars to the final stump of a pillar; and
If posts are used as the sole means of roof support, the width of the roadway shall not exceed fourteen (14) feet.

(4) During open-end pillar extraction:

(a) At least two (2) rows of breaker posts or equivalent support shall be installed on not more than four (4) foot centers.

(b) These supports shall be:

Installed between the lift to be started and the area where pillars have been extracted; and
Maintained to within seven (7) feet of the face.

(d) If posts are used as the sole means of roof support, the width of the roadway shall not exceed fourteen (14) feet.

Section 8. Installation and Use of Automated Temporary Roof Support Systems. This section establishes the requirements for and criteria of automated temporary roof support in an underground coal mine in which both the coal bed thickness and the mining height exceed thirty (30) inches.

(1) All roof bolting machines and continuous mining machines with integral roof drills used in a working place in a coal mine shall be provided with an approved automated temporary roof support system unless other methods of temporarily supporting the roof have been approved by the commissioner.

(2) Automated temporary roof support systems and all other methods of temporarily supporting the roof shall be approved on an individual mine basis by the commissioner and shall become part of the roof control plan required by KRS 352.201(1).

(3)

(a) The commissioner may grant a waiver of the requirement for the use of an automated temporary roof support system if:

It has been demonstrated by the licensee and determined during an investigation by an authorized representative of the commissioner that:

a. The use of the system would create a greater danger in areas where permanent supports have been installed than the method employed or proposed for temporary support of the roof; or

b. The technology of an automated temporary roof support system does not exist to allow compliance with the requirements of subsection (5) of this section;

The configuration of the surface of the roof or other conditions make the use of an ATRS system ineffective or impractical; or
The licensee's present roof control plan provides adequate safety to the miner due to the geology or condition of the roof.

(b) In granting a waiver, the commissioner may approve the use of temporary jacks and posts in lieu of the ATRS.

(4)

(a) In the event of a mechanical breakdown in the ATRS, the licensee shall:

Provide for comparable temporary roof support;
Immediately notify the commissioner or his authorized representative of:

a. The temporary roof support being used; and

b. The provisions being made to repair or replace the ATRS.

(b) The commissioner or his authorized representative shall order the removal of miners from the work area, if it is determined that the roof support system being used during repair of the ATRS does not adequately provide for their safety.

(5) A machine using, or used as, an automated temporary roof support system shall comply with the following minimum requirements unless a waiver has been granted or another method of temporarily supporting the roof has been approved by the commissioner, pursuant to subsection (2) of this section:

(a) The controls necessary to position the machine and place the ATRS against the roof shall be operated from under permanently supported roof, unless the design of the system provides adequate protection of the miner;

(b) The ATRS shall be placed firmly against the roof prior to work inby the permanent roof supports and shall remain in place while work is performed, unless the configuration of the roof surface prevents uniform placement of the ATRS;

(c) A hydraulic jack affecting the support capacity of an ATRS shall have check valves or equivalent protection, to prevent support failure if there is a sudden loss of hydraulic pressure;

(d) An ATRS used in conjunction with single bolt installation shall elastically support, at a minimum, a deadweight load of 11,250 pounds for each five (5) feet by five (5) feet square area of the roof to be supported;

(e) An ATRS consisting of pads or crossbars used in single or multiple rows shall elastically support, at a minimum, a deadweight load in pounds of 450 x ((L+5) x (W+5)), where L is the length of the support structure from tip to tip and W is the width taken at the center line of a support structure to the center line of another support structure;

(f) The actual capacity of the ATRS to support elastically a deadweight load shall be certified by a registered professional engineer;

(g) The distance that the ATRS may be set inby the last row of permanent supports shall be dependent on the row spacing requirements of the permanent roof supports and shall be authorized in the approved roof control plan; and

(h) A person shall not work or travel inby the ATRS.

Section 9. Manual Installation of Temporary Support.

(1) During manual installation of temporary support:

(a) Only a person engaged in installing the support shall proceed beyond permanent roof support;

(b) The first temporary support shall not be set more than five (5) feet from a permanent roof support and the rib.

(2) A temporary support shall be:

(a) Set so that the person installing the support remains between it and two (2) other supports which shall not be more than five (5) feet away;

(b) Completely installed prior to installation of the next temporary support;

(3) After temporary supports have been installed, work or travel beyond the permanent roof support shall be between:

(a) Temporary supports and the nearest permanent support; or

(b) Other temporary supports.

Section 10. Warning Devices. Except during the installation of roof supports, the end of permanent roof support shall:

(1) Be posted with a readily visible warning; or

(2) Have a physical barrier installed to impede travel beyond permanent support.

Section 11. Roof Testing and Scaling.

(1) A visual examination of the roof, face and ribs shall be made immediately before any work is started in an area and during the workshift as conditions warrant.

(2) If the mining height permits and the visual examination does not disclose a hazardous condition, sound and vibration roof tests, or other equivalent tests, shall be made where supports are to be installed. If sound and vibration tests are made, they shall be conducted:

(a) After the automated temporary roof support system is set against the roof and before other support is installed; or

(b) Prior to manually installing a roof support.

(3) Sound and vibration roof tests, or other equivalent tests, shall begin under supported roof and shall not progress further than the location where the next support is to be installed.

(4)

(a) If a hazardous roof, face, or rib condition is detected, the condition shall be corrected before work or travel is conducted in the affected area.

(b) If the affected area is left unattended, each entrance to the area shall:

Be posted with a readily visible warning; or
Have a physical barrier installed to impede travel in the area.

Available in the working place; or
On all face equipment, except haulage equipment; and
Of a length and design that will permit the removal of loose material from a position that will not expose the worker to injury from falling material.

Section 12. Rehabilitation of Areas with Unsupported Roof.

(1) General rehabilitation plans shall be submitted with the roof control plan.

(2) Before rehabilitating an area where a roof fall has occurred or the roof has been removed by mining machines or blasting:

(a) The licensee shall establish the clean-up and support procedures to be followed;

(b) A person assigned to perform rehabilitation work shall be instructed in the clean-up and support procedures; and

(c) Ineffective, damaged or missing roof support at the edge of the area to be rehabilitated shall be replaced or other equivalent support installed.

(3) A person performing rehabilitation shall be experienced in that work or supervised by a person, designated by the licensee, who is experienced.

(4) If work is not being performed to rehabilitate an area in active workings where a roof fall has occurred or the roof has been removed by mining machines or by blasting, each entrance to the area shall be supported by at least one (1) row of posts on not more than five (5) foot centers, or equally effective support.

Section 13. Supplemental Support Materials, Equipment and Tools.

(1) A supply of supplemental roof support materials and the tools and equipment necessary to install the materials shall be available at a readily accessible location on each working section or within four (4) crosscuts of each working section.

(2) The quantity of support materials, tools, and equipment made available in accordance with this section shall be sufficient to support the roof if adverse roof conditions are encountered, or in the event of a roof fall.

Section 14. Longwall Mining Systems. For each longwall mining section, the roof control plan shall specify:

(1) The methods that will be used to maintain a safe travelway out of the section through the tailgate side of the longwall; and

(2) The procedures that shall be followed if a ground failure prevents travel out of the section through the tailgate side of the longwall.

Section 15. Roof Control Plan.

(1) When revisions are proposed to the roof control plan required by KRS 352.201, only the revised pages shall be submitted unless otherwise specified by the commissioner or his authorized representative.

(2) The licensee shall be notified in writing of the approval or denial of a proposed roof control plan or proposed revision.

(3) When approval of a proposed plan or revision is denied, the deficiencies of the plan or revision and recommended changes shall be specified and the licensee shall be afforded an opportunity to discuss the deficiencies and changes with the commissioner or his authorized representative.

(4) Before new support materials, devices or systems other than roof bolts and accessories are used as the only means of roof support, the commissioner or his authorized representative may require that the effectiveness of those new support materials, devices, or systems be demonstrated by experimental installations.

(5) A proposed roof control plan or revision to a roof control plan shall not be implemented before it is approved.

(6) Before implementing an approved revision to a roof control plan, a person who is affected by the revision shall be instructed in its provisions.

(7) The approved roof control plan and any revision shall be available to the miners and representative of miners at the mine.

Section 16. Roof Control Plan Information. The following information shall be included in each roof control plan:

(1) The name and address of the licensee;

(2) The name, address, mine identification number and location of the mine;

(3) The name and title of the company official responsible for the plan;

(4) A typical columnar section of the mine strata which shall:

(a) Show the name and the thickness of the coalbed to be mined and any persistent partings;

(b) Identify the type and show the thickness of each stratum up to and including the main roof above the coalbed and for distance of at least ten (10) feet below the coalbed; and

(5) A description and drawings of the sequence of installation and spacing of supports for each method of mining used;

(6) If an automated temporary roof support system is used, the maximum distance that an automated temporary roof support system is to be set beyond the last row of permanent support;

(7) If tunnel liners or arches are to be used for roof support, specifications and installation procedures for the liners or arches;

(8) Drawings indicating the planned width of openings, size of pillars, method of pillar recovery, and the sequence of mining pillars;

(9) A list of all support material required to be used in the roof, face and rib control system, including, if roof bolts are to be installed:

(a) The length, diameter, grade and type of anchorage unit to be used;

(b) The drill hole size to be used; and

(10) When mechanically anchored tensioned roof bolts are used, the intervals at which test holes shall be drilled;

(11) A description of the method of protecting persons:

(a) From falling material at drift openings; and

(b) When mining approaches within 150 feet of an outcrop.

(12) A drawing submitted with a roof control plan shall contain a legend explaining all symbols used and shall specify the scale of the drawing, which shall not be less than five (5) feet to the inch or more than twenty (20) feet to the inch;

(13) All roof control plan information, including drawings, shall be submitted on eight and one half (8.5) by eleven (11) inch paper, or paper folded to this size; and

(14) Any other information required by the commissioner.

Section 17. Roof Control Plan Approval Criteria. This section sets forth the criteria that shall be considered on a mine-by-mine basis in the formulation and approval of roof control plans and revisions.

(1) Roof bolts shall be installed on centers not exceeding five (5) feet lengthwise and crosswise, except as approved by the commissioner or his authorized representative.

(2) When tensioned roof bolts are used as a means of roof support, the torque or tension range shall be capable of supporting roof bolt loads of at least fifty (50) percent of either the yield point of the bolt or anchorage capacity of the strata, whichever is less.

(3) Any opening that is more than twenty (20) feet wide shall be supported by a combination of roof bolts and conventional supports.

(4) In any opening more than twenty (20) feet wide:

(a) Posts shall be installed to limit each roadway to sixteen (16) feet wide, where straight, and eighteen (18) feet wide, where curved; and

(b) A row of posts shall be set for each five (5) feet of space between the roadway posts and the ribs.

(5) An opening shall not be more than thirty (30) feet wide.

(6) If installing roof support using mining machines with integral roof bolters:

(a) Before an intersection or pillar split is started, roof bolts shall be installed on at least five (5) foot centers where the work is performed;

(b) Where the roof is supported by only two (2) roof bolts crosswise, openings shall not be more than sixteen (16) feet wide.

(7) Pillar recovery.

(a) During development, any dimension of a pillar shall be at least twenty (20) feet;

(b) Pillar splits and lifts shall not be more than twenty (20) feet wide;

(d) Roadside-radius (turn) posts, or equivalent support, shall be installed on not more than four (4) foot centers leading into each pillar split or lift;

(e) Before full pillar recovery is started in areas where roof bolts are used as the only means of roof support and openings are more than sixteen (16) feet wide, at least one (1) row of posts shall be installed to limit the roadway width to sixteen (16) feet. These posts shall be:

Extended from the entrance to the split through the intersection outby the pillar in which the split or lift is being made; and
Spaced on not more than five (5) foot centers.

(8) Openings that create an intersection shall be permanently supported or at least one row of temporary supports shall be installed on not more than five (5) foot centers across the opening before any other work or travel is permitted in the intersection.

(9) In a working section where the mining height is below thirty (30) inches, an automated temporary roof support system shall be used to the extent practicable during the installation of roof bolts with roof bolting machines and continuous-mining machines with integral roof bolters.

(10) In a mine with a longwall mining system:

(a) Systematic supplemental support shall be installed throughout:

The tailgate entry of the first longwall panel prior to any mining; and
In the proposed tailgate entry of each subsequent panel in advance of the frontal abutment stresses of the panel being mined.

(b) If a ground failure prevents travel out of the section through the tailgate side of the longwall section, the roof control plan shall address:

Notification of miners that the travelway is blocked;
Reinstruction of miners regarding escapeways and escape procedures in the event of an emergency;
Reinstruction of miners on the availability and use of self-contained self-rescue devices;
Monitoring and evaluation of the air entering the longwall section;
Location and effectiveness of the two (2) way communication system; and
A means of transportation from the section to the main line.

(c) The plan provisions addressed by paragraph (b) of this subsection shall remain in effect until a travelway is reestablished on the tailgate side of a longwall section.

(11) A roof control plan that does not conform to the criteria set out in this section may be approved by the commissioner or his authorized representative, if the plan provides effective control of the roof, face, and ribs. The commissioner or his authorized representative may require additional safety measures in a roof control plan.

Section 18. Evaluation and Revision of Roof Control Plan.

(1) A revision of the roof control plan shall be proposed by the licensee:

(a) If conditions indicate that the plan is not suitable for controlling the roof, face, ribs, or coal or rock bursts; or

(b) If accident and injury experience at the mine indicates the plan is inadequate; the accident and injury experience at each mine shall be reviewed at least every six (6) months.

(2) An unplanned roof fall, rib fall, and coal or rock burst that occurs in the active workings shall be plotted on a mine map if it:

(a) Is above the anchorage zone where roof bolts are used;

(b) Impairs ventilation;

(d) Causes miners to be withdrawn from the area affected; or

(e) Disrupts regular mining activities for more than one (1) hour.

(3) The mine map on which roof falls are plotted shall be available at the mine site for inspection by an authorized representative of the commissioner and a representative of miners at the mine.

(4) The roof control plan for each mine shall be reviewed every six (6) months by an authorized representative of the commissioner. This review shall take into consideration any falls of the roof, face and ribs and the adequacy of the support systems used at the time.

Section 19. Incorporation by Reference.

(1) "Standard Specification for Roof and Rock Bolts and Accessories", (1995 Edition), American Society for Testing and Materials (ASTM), Designation F 432-95.

(2) It may be inspected or copied at Kentucky Department for Natural Resources, Administration Building, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) It may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103, (610) 832-9500.

History

RELATES TO: KRS 352.201
STATUTORY AUTHORITY: KRS 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 352.201 requires each underground coal mine to formulate and follow an approved roof control plan. This proposed administrative regulation establishes those minimum standards for roof support and the roof control plan approval process.
History: 23 Ky.R. 1478; 2185; 2493; eff. 12-11-1996; TAm eff. 8-9-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 5-13-2025; Crt eff. 5-13-2025.

Chapter 7 Miner Training, Education and Certification

805 KAR 7:010 Definitions for 805 KAR Chapter 7 {#sec-805-kar-7-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:010}

Section 1. Definitions.

(1) "Belt conveyor" means a belt located underground outby the loading point which moves on rollers used to carry coal and any structures, motors, or accessories used to support, protect, or increase its efficiency.

(2) "Certified Belt Examiner" means a person certified by the Office of Mine Safety and Licensing who is trained to follow examination and reporting procedures in examining the belt conveyor and surrounding conditions.

(3) "Certified person" means a person certified by the commissioner to perform particular work duties in and around a coal mine.

(4) "Experienced surface miner" means a person who has worked a minimum of forty-five (45) working days at a surface mine or on the surface area of an underground mine and has complied with all statutory and regulatory training requirements.

(5) "Experienced underground miner" means a person who has worked a minimum of forty-five (45) working days in an underground coal mine and has complied with all statutory and regulatory training requirements.

(6) "Hazard training" means instruction in awareness and avoidance of accident or injury from conditions inherent to mining provided by the licensee to visitors exposed to mine hazards.

(7) "Inexperienced surface miner" means a trainee miner who has not worked a minimum of forty-five (45) working days at a surface mine or on the surface area of an underground coal mine.

(8) "Inexperienced underground miner" means a trainee miner who has not worked a minimum of forty-five (45) working days in an underground coal mine.

(9) "Mine-specific training" means the instruction of mining relative to the distinct factors of a particular mine.

(10) "Newly employed miner" means a miner, experienced or inexperienced, employed by a licensee to work at a coal mine, who has not completed mine specific training requirements.

(11) "New work assignment" means a work duty in which a miner has not completed task training or demonstrated proficiency.

(12) "Normal work shift" means the period of time during which the miner is scheduled to work on a regular basis.

(13) "Surface coal miner" means a person at a surface mine or on the surface area of an underground mine who is engaged in an activity of mining or processing coal.

(14) "Task training" means training of miners for new work assignments.

(15) "Trainee miner" means a miner who has not worked a minimum of forty-five (45) working days at a coal mine.

(16) "Underground coal miner" means:

(a) A person working in an underground mine who is engaged in the extraction and production process including maintenance or service; or

(b) A person employed or contracted by the licensee who is regularly exposed to mining hazards.

History

RELATES TO: KRS 351.102, 351.103, 351.105
STATUTORY AUTHORITY: KRS 351.070(13), 351.106
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102, 351.103, and 351.106 require a person to be trained before his certification for employment in coal mines. KRS 351.070(3) requires the Office of Mine Safety and Licensing to promulgate administrative regulations necessary to carry out the purposes of KRS Chapter 351. This administrative regulation establishes the definitions for 805 KAR Chapter 7.
History: 3 Ky.R. 796; 4 Ky.R. 146; eff. 10-5-1977; 11 Ky.R. 1896; eff. 7-9-1985; 26 Ky.R. 208; 752; eff. 10-13-1999; 33 Ky.R. 3076; 3413; 34 Ky.R. 30; eff. 8-6-2007; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:020 Training to obtain a permit as an inexperienced miner {#sec-805-kar-7-020 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:020}

Section 1. Training and Certification to become an Inexperienced Miner.

(1) A candidate desiring to obtain a permit as an inexperienced underground or surface miner shall be at least eighteen (18) years of age prior to enrolling in a training program.

(2) The required training shall be documented and include the following information:

(a) Full name of person trained;

(b) Miner identification number;

(d) Type of training received;

(e) Date training completed;

(f) Subjects taught in that training;

(g) Signature of instructor;

(h) Signature of miner;

(i) Documentation providing proof the individual being trained is at least eighteen (18) years of age; and

(j) Date of signatures.

(3) The documentation shall be embossed with the instructor's seal and an embossed copy shall be provided to the miner.

(4)

(a) The certificate earned by completing the training program shall be valid for twelve (12) months preceding initial employment at a mine.

(b) If employment is not obtained within twelve (12) months, annual retraining requirements shall be successfully completed each year in accordance with 805 KAR 7:030 in order to maintain the inexperienced miner permit.

Section 2. Training Program.

(1) The training program to become an inexperienced underground or surface miner shall include instruction in the following courses:

(a) Introduction to mining;

(b) Self-rescue devices;

(d) Authority and responsibility of supervisors;

(e) Transportation and communication;

(f) Mine map;

(g) Health standards;

(h) Hazard recognition;

(i) Electrical hazard;

(j) First aid;

(k) Mine gases and explosives;

(l) Accident prevention;

(m) Mining and mine safety related issues; and

(n) Alcohol and substance abuse education as required by KRS 351.102(3) and 351.1291.

(2) The training program to become an inexperienced underground miner shall include instruction in the following courses in addition to those listed in subsection (1) of this section:

(a) Entering and leaving a mine;

(b) Escapeways, emergency evacuations, barricading;

(d) Clean-up and rock dusting.

(3) The training program to become an inexperienced surface miner shall include instruction in the following courses in addition to those listed in subsection (1) of this section:

(a) Ground control plans;

(b) Cutting and welding;

(d) Safety around bins and hoppers.

History

RELATES TO: KRS 351.102, 351.1291
STATUTORY AUTHORITY: KRS 351.102(3), 351.106(1), (12), 351.1291(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3), 351.106(1), and 351.1291(1) require the Department for Natural Resources to establish a program of education and training for prospective miners. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary to implement KRS Chapter 351. This administrative regulation establishes a program of training necessary to obtain a permit as an inexperienced miner.
History: 3 Ky.R. 796; 4 Ky.R. 147; eff. 10-5-1977; 11 Ky.R. 1897; eff. 7-9-1985; 26 Ky.R. 209; 752; eff. 10-13-1999; 37 Ky.R. 164; 727; eff. 9-2-2010; 44 Ky.R. 685, 1522; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:030 Annual retraining for underground and surface miners {#sec-805-kar-7-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:030}

Section 1. Annual Retraining for Underground Miners.

(1) A certified underground miner shall receive a minimum of sixteen (16) hours of annual retraining.

(2) At least eight (8) hours of the annual retraining shall:

(a) Be administered in a classroom;

(b) Be conducted by a Kentucky certified underground mining instructor;

(d) Be documented on the Mine Safety and Health Administration Form 5000-23 and embossed with the instructor's seal.

(3) The balance of the annual retraining shall be administered in segments of not less than fifteen (15) minutes. Training administered in this manner shall be provided by, or under the direct supervision of, a Kentucky certified underground mining instructor or a Kentucky certified mine foreman. A person who receives annual retraining in this manner shall be notified that each segment is being administered in satisfaction of the annual retraining requirement, and a record of each segment, including dates, duration, subject and attendees, shall be maintained at the mine site until the training form, Mine Safety and Health Administration Form 5000-23 can be completed.

(4) Documentation of completed training pursuant to subsections (1) through (3) of this section shall be made on the Mine Safety and Health Administration Form 5000-23 and shall include the following information:

(a) Full name of person trained;

(b) Miner identification number;

(d) Type of training received;

(e) Date training completed;

(f) Subjects taught in that training;

(g) Amount of training;

(h) Signature of instructor;

(i) Signature of miner; and

(j) Date of signatures.

(5) After completion of his training, or upon the miner leaving employment with the licensee, the miner shall receive a copy of all of his training records.

(6) The annual retraining courses shall include the following subjects:

(a) Transportation controls and communications systems;

(b) Barricading;

(d) First aid;

(e) Electrical hazards and moving equipment;

(f) Accident prevention;

(g) Self-rescue devices;

(h) Explosives;

(i) Health and safety standards; and

(j) Statutory rights of miners and their representatives.

Section 2. Annual Retraining for Surface Miners.

(1) A certified surface miner shall receive a minimum of eight (8) hours of annual retraining that shall be administered in a classroom by a Kentucky certified surface instructor.

(2) The training shall be recorded on the Mine Safety and Health Administration Form 5000-23, which shall be maintained on the mine premises.

(3) The retraining shall include the subjects required by KRS 351.1291(2).

Section 3.

(1) A person employed as a miner shall complete annual retraining within twelve (12) months from the end of the month of his most recent completed annual retraining requirement.

(2) A certified miner who has had a break in employment as a miner shall be eligible to work if he has successfully completed the annual retraining requirements within the last twelve (12) months.

Section 4. The licensee shall maintain verification of all miner training and certification at the mine premises.

(1) The documentation shall include:

(a) The dates the annual training sessions were conducted;

(b) The name of the miner; and

(2) Licensees shall maintain documentation of the miners who are no longer employed by the licensee on the mine premises until the requirements of KRS 351.106(10) are met.

Section 5. Incorporation by Reference.

(1) The "Mine Safety and Health Administration Form 5000-23", revised October 1983, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Division of Mine Safety, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 351.106, 351.1291
STATUTORY AUTHORITY: KRS 351.106(1), (12), 351.1291(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.106(1) and 351.1291(2) require the Department for Natural Resources to establish an annual miner retraining program. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary to implement KRS Chapter 351. This administrative regulation establishes the requirements and terms of the annual retraining program.
History: 3 Ky.R. 797; 4 Ky.R. 173; eff. 10-5-1977; 5 Ky.R. 347; 658; eff. 2-7-1979; 11 Ky.R. 1898; 12 Ky.R. 210; eff. 8-13-1985; 19 Ky.R. 1141; eff. 2-8-1993; 2740; eff. 8-25-1993; 26 Ky.R. 210; 753; eff. 10-13-1999; 1703; 2241; eff. 6-12-2000; TAm eff. 7-6-2016; 44 Ky.R. 686, 1523; eff. 2-2-2018; Crt eff. 6-27-2018.

805 KAR 7:040 Mine-specific training for newly employed miners {#sec-805-kar-7-040 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:040}

Section 1. Mine-specific Training for Newly Employed Inexperienced Miners.

(1) Each newly employed inexperienced miner shall receive a minimum of eight (8) hours of mine-specific training provided by the licensee. The training shall:

(a) Be performed by a Kentucky certified mine foreman or mining instructor; and

(b) Apply to the mine where the miner is to be employed.

(2) The training shall include instruction in accordance with 805 KAR 7:020, Section 2(1)(b) through (m), and shall be completed before the newly hired miner can be assigned any work duties.

(3) The licensee shall verify to the department documentation containing the following information on the Mine Safety and Health Administration Form 5000-23, incorporated by reference in 805 KAR 7:030:

(a) Full name of person trained;

(b) Miner identification number;

(d) Type of training received;

(e) Date training completed;

(f) Verification of eight (8) hours training in mine specifics;

(g) Signature of miner;

(h) Signature of instructor; and

(i) Date of signatures.

(4) The newly employed miner shall receive a copy of the Mine Safety and Health Administration Form 5000-23.

(5) Upon proof by a licensee that a reemployed inexperienced miner has received the training established in this section within twelve (12) months preceding reemployment at the mine, the miner shall not be required to repeat the mine-specific training.

Section 2. Mine-specific Training for Newly Employed Experienced Miners.

(1) Each newly employed experienced miner shall receive mine-specific training provided by the licensee. The training shall:

(a) Be performed by a Kentucky certified mine foreman or mining instructor; and

(b) Apply to the mine where the miner is to be employed.

(2) The licensee shall submit to the department documentation containing the following information on the Mine Safety and Health Administration Form 5000-23, incorporated by reference in 805 KAR 7:030:

(a) Full name of person trained;

(b) Miner identification number;

(d) Type of training received;

(e) Date training completed;

(f) Signature of miner;

(g) Signature of instructor; and

(h) Date of signatures.

(3) The newly employed miner shall receive a copy of the Mine Safety and Health Administration Form 5000-23.

(4) Upon proof by a licensee that a reemployed experienced miner has received the training established in this section within twelve (12) months preceding reemployment at the mine, the miner shall not be required to repeat the mine-specific training.

History

RELATES TO: KRS 351.102, 351.103, 351.106, 351.1291
STATUTORY AUTHORITY: KRS 351.102(3), 351.106(1), (12), 351.1291(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3), 351.106(1), and 351.1291(1) require the Department for Natural Resources to establish a mine-specific training program for newly employed miners. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary to implement KRS Chapter 351. This administrative regulation establishes a program of mine-specific training for newly employed miners.
History: 3 Ky.R. 798; 4 Ky.R. 173; eff. 10-5-1977; 11 Ky.R. 1899; 12 Ky.R. 211; eff. 8-13-1985; 26 Ky.R. 212; 754; eff. 10-13-1999; 44 Ky.R. 688, 1523; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:050 Training of underground and surface miners for new work assignments {#sec-805-kar-7-050 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:050}

Section 1. Task Training.

(1) A miner who receives a new work assignment shall not perform the work duties until he has completed a training program as provided in subsection (2) of this section if his new work assignment requires direct operation of:

(a) Mechanical machinery;

(b) Electrical machinery; or

Mobile equipment operations;
Blasting and drilling operations;
Haulage and conveyor system operations; or
Roof control.

(2) The training program for miners who receive new work assignments shall include:

(a) Health and safety aspects and safe operating procedures for work tasks, equipment, and machinery;

(b) Supervised practice during nonproduction;

(d) New or modified machines and equipment; and

(e) Mining and mine safety related issues.

Section 2.

(1) If a miner becomes qualified under Section 1 of this administrative regulation to perform a work assignment, he shall continue to be qualified thereafter if the miner demonstrates safe operating procedures in performance of the work assignment.

(2) Each licensee shall maintain current documentation on the mine premises that the miner has demonstrated proficiency in work assignments pursuant to Section 1(1) of this administrative regulation.

Section 3. The provisions of this administrative regulation shall not be construed to alter or deprive a person of a right or duty accruing to that person by virtue of a labor-management contract.

History

RELATES TO: KRS 351.103, 351.106
STATUTORY AUTHORITY: KRS 351.102(3), 351.106(1), (12)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3) and 351.106(1) require the Department for Natural Resources to establish a miner training program that includes training of miners who receive new work assignments. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary to implement KRS Chapter 351. This administrative regulation establishes a program of training for underground and surface miners who receive new work assignments.
History: 3 Ky.R. 798; 4 Ky.R. 148; eff. 10-5-1977; 5 Ky.R. 682; eff. 4-4-1979; 11 Ky.R. 1900; 12 Ky.R. 211; eff. 8-13-1985; 26 Ky.R. 212; 755; eff. 10-13-1999; 44 Ky.R. 689, 1524; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:060 Training program approval for underground and surface mining {#sec-805-kar-7-060 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:060}

Section 1. A training program to obtain a permit as an inexperienced underground or surface miner shall be approved by the Division of Mine Safety if:

(1) The proposed program meets the criteria and objectives of 805 KAR 7:020; and

(2) The instructors teaching the program have been certified by the Kentucky Department for Natural Resources and the U.S. Department of Labor, Mine Safety and Health Administration.

Section 2.

(1) A person who desires to provide a training program to prospective miners shall submit the proposed training program to the Division of Mine Safety, 300 Sower Blvd, Frankfort, Kentucky 40601, for review.

(2) The proposed training program shall contain the following information:

(a) The address and location of the training facility to be used;

(b) A description of the equipment and facilities to be used;

(d) The content areas in the training program for which each instructor shall be responsible;

(e) The approximate number of students per class;

(f) The dates on which the training program will be conducted;

(g) The name and address of the person responsible for the formulation and implementation of the training program;

(h) An outline of the proposed program showing how it meets the criteria and objectives of 805 KAR 7:020;

(i) A list of instructional material to be used including films or programmed material and noting where the material will be used within the instructional sequence; and

(j) A description of the instructional methods to be used throughout the program including lecture-demonstration, personalized instruction, and team-teaching.

Section 3.

(1) Approval granted by the Division of Mine Safety in accordance with the provisions of this administrative regulation shall be conditional upon the practical implementation of the training program in a manner consistent with the criteria and objectives of 805 KAR 7:020.

(2) The Division of Mine Safety may monitor an approved program without prior notice.

History

RELATES TO: KRS 351.101, 351.102, 351.1291
STATUTORY AUTHORITY: KRS 351.070(13), 351.102(3), 351.106(1), (12), 351.1291(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102(3) and 351.106(1) require the Department for Natural Resources to establish a program of education and training for a prospective miner to obtain a permit as an inexperienced underground or surface miner. KRS 351.106(12) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary to implement KRS Chapter 351. This administrative regulation establishes the procedure for public and private entities to submit training programs to the Division of Mine Safety for approval.
History: 4 Ky.R. 529; eff. 7-5-1978; 5 Ky.R. 349; eff. 2-7-1979; 11 Ky.R. 1901; eff. 7-9-1985; 26 Ky.R. 213; 756; eff. 10-13-1999; 36 Ky.R. 658; 1221; eff. 12-11-2009; 44 Ky.R. 691, 1525; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:070 Record maintenance {#sec-805-kar-7-070 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:070}

Section 1. Record Maintenance. The licensee shall maintain at the mine premises current and accurate records of the following:

(1) The dates annual retraining sessions were conducted and the persons who received the annual retraining on those dates;

(2) The name of each newly-employed miner during the current calendar year, the date on which he was employed, and the date on which he received mine specific training; and

(3) The particular work assignments which each miner is qualified to perform pursuant to 805 KAR 7:050.

History

RELATES TO: KRS 351.102, 351.105
STATUTORY AUTHORITY: KRS 351.102, 351.105, 351.106
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.102 and 351.106 require the Department of Mines and Minerals to establish criteria and conditions for a program of miner training and education. This administrative regulation promulgates the requirements for record maintenance necessary to administer the program.
History: 5 Ky.R. 515; 658; eff. 2-7-1979; 683; eff. 4-4-1979; 11 Ky.R. 1902; 12 Ky.R. 212; eff. 8-13-1985; 26 Ky.R. 214; 756; eff. 10-13-1999; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 7:080 Training, certification, and annual retraining of mine emergency technicians {#sec-805-kar-7-080 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:080}

Section 1. Definitions.

(1) "Current" means, as applied to training and its certification, the present status of training, as certified by the agency that reviews or attests to it.

(2) "Emergency medical technician" or "EMT" means a person who is certified by the Kentucky Board of Emergency Medical Services.

(3) "Licensee" is defined by KRS 351.010(1)(n).

(4) "Mine emergency technician" or "MET" means a person certified by the Division of Mine Safety.

Section 2. MET Certification Requirements.

(1) Each applicant for certification as a MET shall:

(a) Hold a surface or underground miner's certification in the Commonwealth of Kentucky;

(b) Successfully complete the standard program of training and education established by this administrative regulation and a series of written and practical skills examinations prescribed by the Division of Mine Safety, in accordance with 805 KAR Chapter 7;

(d) Understand and be able to read, speak, and write in the English language.

(2) A Kentucky certified miner who is an emergency medical technician with a current cardio pulmonary resuscitation (CPR) course completion card may apply for initial certification as a mine emergency technician.

Section 3. MET Training Course Requirements.

(1) The training course curriculum for certification as a MET shall include:

(a) Instruction in CPR and adult one (1) and two (2) rescuer CPR, approved by at least one (1) of the following organizations:

The American Red Cross;
The American Safety and Health Institute;
The American Heart Association; or
The Nation Safety Council; and

(b) The following subjects from textbooks as prescribed by the Division of Mine Safety;

Roles and responsibilities;
The human body;
Patient assessment;
Airway and Pulmonary Resuscitation;
Cardiac emergency;
Breathing aides and oxygen therapy;
Bleeding and shock;
Soft tissue and internal organs;
Upper and lower extremity muscular and skeletal injuries;
Skull and spine injuries;
Chest, abdominal, and genital injuries;
Medical emergency;
Hazardous materials;
Environmental and electrical emergencies;
Special patterns and behavioral problems;
Disaster management;
Lifting and moving;
Extrications;
Infection control; and
Burns.

(2) The training course shall also:

(a) Be not less than forty (40) hours in duration;

(b) Be taught by an instructor certified by the Division of Mine Safety, in accordance with 805 KAR Chapter 7;

(c) Include equipment, texts, audiovisual, and other materials approved by the Division of Mine Safety, in accordance with 805 KAR Chapter 7 as adequate to train METs;

(d) Be limited to fifteen (15) students per instructor; and

(e) Be conducted in a training facility approved by the Division of Mine Safety, in accordance with 805 KAR Chapter 7 as adequate to train METs.

Section 4. MET Certification Examination.

(1) When the MET applicant takes the MET certification examination, the applicant shall provide verification on a Mine Safety and Health Administration Certificate of Training form, Federal Form 5000-23, that the applicant has successfully completed the standard program of MET training and education prescribed by the Division of Mine Safety, in accordance with 805 KAR Chapter 7.

(2) The Mine Safety and Health Administration Certificate of Training form, Federal Form 5000-23, shall be signed by the MET applicant, be embossed with the MET instructor certification number, and be signed by the MET instructor who administered the MET course to the applicant.

(3) The initial MET certification exam shall be taken within sixty (60) days of completion of the MET training course required in Section 3 of this administrative regulation.

(4) The MET certification examination shall be prescribed and administered by Division of Mine Safety, in accordance with 805 KAR Chapter 7 and shall consist of the following two (2) parts:

(a) A written examination with an overall grade of eighty (80) percent shall be required to pass; and

(b) A practical examination, which shall consist of the following two (2) parts:

a. The first part, which shall consist of mandatory stations in which the applicant shall be tested on one (1) or more required skills.

b. The applicant shall demonstrate proficiency in all mandatory stations; and

a. The second, which part shall consist of "wild card" stations in which one (1) or more skills shall be tested.

b. The applicant shall randomly draw the skills on which to be tested when the examination is given.

(5)

(a) If the applicant for certification fails to pass the written or practical portion of the examination, the applicant shall be permitted one (1) opportunity to retake the portion or portions failed.

(b) The reexamination shall be conducted within sixty (60) days of the initial examination date.

(6) If the applicant for certification fails to pass the written or practical portion after reexamination, the applicant shall retake the entire MET training course before being eligible for subsequent examination.

Section 5. Certification Renewal Continuing Education Requirements.

(1)

(a) For an MET to remain certified, the applicant shall receive continuing education or retraining in a period not to exceed one (1) year from the last day of the month in which the most current retraining was completed.

(b) An MET shall earn at least eight (8) continuing education or retraining hours annually, with at least half being devoted to practical skills in a structured instructional setting.

(2) Continuing education and retraining courses for mine emergency technicians shall be taught by certified MET instructors.

(3)

(a) An MET shall maintain a current course completion card in adult foreign body airway obstruction and adult one (1) and two (2) rescuer CPR.

(b) The card shall be presented to the MET instructor at the time of the MET recertification.

(4) An applicant for recertification shall receive credit for completion of continuing education and retraining hours in subjects required by the Division of Mine Safety's MET curriculum listed in Section 3 of this administrative regulation.

(5) Each subject or training course for which credit is claimed shall be countersigned by the MET instructor teaching the subject or course.

(6) The applicant for recertification shall submit evidence of successful completion of instruction in at least four (4) different subject areas of the approved MET curriculum, with a maximum of two (2) hours per subject area.

(7)

(a) The MET shall submit to a Division of Mine Safety district office a copy of the Mine Emergency Technician Recertification form, EF-16, within thirty (30) days of the MET retraining completion dates if the eight (8) hours training was received from multiple locations.

(b) The Mine Emergency Technician Recertification form, EF-16, shall be signed by the MET, be embossed with the MET instructor certification number, and be signed by the MET instructor who administered the continuing education claimed for purposes of recertification.

Section 6. Expiration of Certification.

(1) An MET certification shall expire one (1) year from the last day of the month in which the certification was issued, unless the person holding the MET certification satisfies the recertification and continuing education requirements established in Section 5(1) of this administrative regulation.

(2) Upon the expiration of the MET certification, the holder shall not function in the capacity of a mine emergency technician.

Section 7. Reinstatement of Certification. A former MET may reinstate an expired certification. An expired certification shall be reinstated as established in subsections (1) and (2) of this section.

(1) If the certificate has expired within the past one (1) year, the applicant may apply for certification reinstatement. Certification reinstatement shall be accomplished by:

(a) Successfully completing eight (8) hours of MET training and reeducation classes as established in Section 5(1) through (7) of this administrative regulation;

(b) Providing a copy of a current CPR certification as established in Section 3(1)(a) of this administrative regulation; and

(2) If the certificate has been expired for more than one (1) year but less than three (3) years, the applicant may apply for certification reinstatement. Certification reinstatement shall be accomplished by:

(a) Successfully completely eight (8) hours of MET training and reeducation classes as established in Section 5(1) through (7) of this administrative regulation;

(b) Providing a copy of current CPR certification as established in Section 3(1)(a) of this administrative regulation;

(d) Submitting proof of prior MET certification; and

(e) Completing the initial MET certification examination requirements established in Section 4(4) of this administrative regulation.

Section 8. Designation of an MET.

(1) A person designated by the licensee to function as an MET in an underground coal mine shall:

(a) Hold an underground miner's certification in the Commonwealth of Kentucky;

(b) Hold a mine emergency technician certification from Division of Mine Safety; and

(2) A person designated by the licensee to function as an MET at a surface coal mine shall:

(a) Hold a surface miner's certification in the Commonwealth of Kentucky;

(b) Hold a mine emergency technician certification from the Division of Mine Safety; and

(3) A certified MET instructor designated by the licensee to function as a mine emergency technician shall:

(a) Meet the requirements of subsections (1)(a) or (2)(a) of this section;

(b) Maintain verification of MET certification at the mine site; and

(c)

Teach an eight (8) hour MET retraining class during the period of certification; or
Meet the recertification continuing education requirements established in Section 5 of this administrative regulation.

Section 9. MET Instructor Certification Requirements. MET instructors, in addition to being certified as an MET, shall:

(1)

(a) Hold a mine instructor certification issued by the Division of Mine Safety; and

(b) Hold a current instructor card to teach adult foreign body airway obstruction and adult one (1) and two (2) rescuer CPR issued by at least one of the organizations listed in Section 3(1)(a) of this administrative regulation; or

(2) Be an EMT instructor who is also qualified in accordance with subsection (1) of this section.

Section 10. Responsibilities of the MET Instructor. The MET instructor shall:

(1) Utilize equipment, texts, audio-visual, and other materials approved by the Division of Mine Safety, in accordance with 805 KAR Chapter 7;

(2) Notify the district office of the Division of Mine Safety at least fourteen working (14) days prior to commencement of any MET classes, including initial and retraining classes;

(3) Verify on a Mine Safety and Health Administration Certificate of Training form, Federal Form 5000-23, that the MET applicant has successfully completed the standard MET program of training and education prescribed by the Division of Mine Safety, in accordance with 805 KAR Chapter 7;

(4) Verify on a Mine Emergency Technician Recertification form, EF-16 that the MET has successfully completed each subject or training course for which credit shall be approved;

(5) Immediately upon completion of initial training or continuing education courses, provide the completed form, Mine Emergency Technical Recertification form, EF-16, to the student; and

(6)

(a) Submit copies of all Mine Emergency Technician Recertification form EF-16, forms within thirty (30) days of MET retraining completion dates, to the Division of Mine Safety.

Section 11. Denial, Revocation, and Suspension of MET Certification.

(1) The Mine Safety Review Commission may revoke, suspend, or probate the MET certification or MET instructor certification of a person who the commission determines, based upon allegations substantiated by the Division of Mine Safety, has responded or acted inappropriately in the capacity of a mine emergency technician or MET instructor by failing to:

(a) Follow appropriate standards of care in the management of a patient;

(b) Administer treatment in a responsible manner in accordance with the mine emergency technician's or MET instructor's level of certification;

(d) Respond timely to an emergency.

(2) All actions taken by the commission regarding the revocation, suspension, or probation of an MET certification or MET instructor certification shall be so taken in accordance with KRS 352.390.

Section 12. Material Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) The Mine Safety and Health Administration Certificate of Training form 5000-23, January 1999; and

(b) Mine Emergency Technician Recertification Form EF-16, April 2006.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Division of Mine Safety, 300 Sower Boulevard, Frankfort, Kentucky 40601.

History

RELATES TO: KRS 351.010(1)(n), (o), 351.127, 351.182, 352.390
STATUTORY AUTHORITY: KRS 351.070(13), 351.127(1), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the secretary to promulgate administrative regulations necessary and suitable for the proper administration of this chapter. KRS 351.127(1) requires the department to promulgate administrative regulations establishing training requirements for mine emergency technicians. This administrative regulation establishes standards by which mine emergency technicians shall be trained, certified, and retrained.
History: 23 Ky.R. 1293; 2499; eff. 12-11-1996; 35 Ky.R. 1604; 1762; eff. 3-6-2009; TAm eff. 7-6-2016; Crt eff. 6-27-2018; 45 Ky.R. 2189, 2672; eff. 4-5-2019; Crt eff. 2-2-2026.

805 KAR 7:090 Hazard training {#sec-805-kar-7-090 omnilex-key=us-ky-regs-official--title-805--805 KAR 7:090}

Section 1. Surface Hazard Training.

(1) Surface hazard training shall be provided by the licensee to visitors exposed to mine surface hazards.

(2) Hazard training shall include:

(a) Hazard recognition and avoidance;

(b) Emergency procedures; and

Section 2. Underground Hazard Training.

(1) Underground hazard training shall be provided by the licensee or his authorized representative at the mine for visitors exposed to mine hazards in underground mines.

(2) Persons required to take hazard training shall be accompanied at all times while underground by an experienced miner employed at the mine.

(3) Hazard training shall include:

(a) Hazard recognition and avoidance;

(b) Emergency and evacuation procedure;

(d) Mining and mine safety related issues.

Section 3. Documentation.

(1) The training required for a visitor of a surface or underground mine shall be:

(a) Documented; and

(b) Valid for twelve (12) months.

(2) The documentation shall enable the visitor to revisit the mine where he received training.

History

RELATES TO: KRS 351.106, 352.350
STATUTORY AUTHORITY: KRS 351.070, 351.105
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.106 requires the Department of Mines and Minerals to establish safety programs for miners and mine sites. This administrative regulation establishes a training program for visitors of a mine site.
History: 26 Ky.R. 291; 757; eff. 10-13-1999; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

Chapter 8 Sanctions and Penalties

805 KAR 8:010 Definitions for 805 KAR Chapter 8 {#sec-805-kar-8-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 8:010}

Section 1. Definitions.

(1) "Certified mine foreman" or "foreman" means any person who has procured a certificate from the department to perform the work duties of a mine foreman or assistant mine foreman, either underground or surface.

(2) "Certified miner" or "certified personnel" means a miner, mine foreman, assistant mine foreman, electrician, shotfirer, underground or surface mining instructor, or mine emergency technician (MET).

(3) "Commission" means the Kentucky Mine Safety Review Commission.

(4) "Equivalent to the value of the wages received" means the average daily wages received by a noncertified person, during a specified period to be determined by the Mine Safety Review Commission, multiplied by the number of days for which the noncertified person has been fined.

(5) "First offense" means an individual's or entity's first intentional violation of, or order to violate, a mine safety law which places a miner in imminent danger of serious injury or death, as adjudicated by the Kentucky Mine Safety Review Commission.

(6) "Gross value of the production of the licensed premises" means the average sale price per ton of coal multiplied by the number of tons of coal produced at the mine where the first or subsequent offense occurred, during a specified period to be determined by the Mine Safety Review Commission, multiplied by the number of days for which the licensed premises has been fined.

(7) "Imminent danger" is defined by KRS 352.010(1)(p).

(8) "Intentional" or "intentionally" means, with respect to conduct or to a result, that a person's conscious objective is to engage in that conduct or cause that result.

(9) "Licensed premises" means any entity that has procured a license from the department to operate a coal mine.

(10) "Noncertified personnel" means any person in or around a coal mine who has not procured a certificate from the department to perform particular work duties.

(11) "Part owner" means a person or other entity with any ownership interest in a licensed premises, with the exception of persons who own less than a one (1) percent share of publicly-traded stock.

(12) "Serious injury" means an injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention greater than first aid, such as surgery or hospitalization.

(13) "Subsequent offense" means any intentional violation of, or order to violate, a mine safety law which places a miner in imminent danger of serious injury or death, as adjudicated by the Kentucky Mine Safety Review Commission, and which occurs after the individual's or entity's first offense.

(14) "Willful" means voluntary and intentional.

History

RELATES TO: KRS 351.025, 351.1041, 351.194
STATUTORY AUTHORITY: KRS 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.025(1) requires the Department of Mines and Minerals to promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against certified and noncertified personnel and owners and part-owners of licensed premises whose intentional violation of, or order to violate, mine safety laws places miners in imminent danger of serious injury or death. KRS 351.025(2) requires the department to promulgate administrative regulations that establish comprehensive criteria for the imposition of penalties against licensed premises if an owner or part-owner intentionally orders mine safety laws to be violated that place miners in imminent danger of serious injury or death. KRS 351.070(13) authorizes the department to promulgate administrative regulations necessary to properly administer KRS 351.010 to 351.9901. This administrative regulation establishes the definitions of terms used in 805 KAR 8:010 to 805 KAR 8:060.
History: 28 Ky.R. 2127; 29 Ky.R. 713; eff. 9-16-2002; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 8:030 Criteria for the imposition and enforcement of sanctions against certified miners {#sec-805-kar-8-030 omnilex-key=us-ky-regs-official--title-805--805 KAR 8:030}

Section 1.

(1) If a certified miner commits a first offense, as adjudicated by the Kentucky Mine Safety Review Commission, the commission may revoke or suspend the miner's certificate, in accordance with KRS 351.194(5) and (6), or it may probate the miner's certificate for a period of no greater than ten (10) working days.

(2) If a certified miner's certificate is revoked pursuant to subsection (1) of this section, the miner may apply to the Division of Mine Safety for the reinstatement of his certificate, after the revocation period has ended, and after he has retaken and passed the requisite examination required for the certification. The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(3) If a certified miner's certificate is suspended, pursuant to subsection (1) of this section, it shall be automatically reinstated at the end of the specified period of suspension. A suspension imposed by the commission may be for nonconsecutive days.

(4) If a certified miner is placed on probation, the Mine Safety Review Commission may impose the terms of the probation, and it may impose penalties for the violation of the terms of probation, in accordance with KRS 351.025(1)(a) and subsection (1) of this section. If the certified miner satisfies the terms of his probation, the probation shall automatically expire at the end of the probationary period.

(5) If a certified miner, who has been adjudicated by the Mine Safety Review Commission to have committed a first or subsequent offense, holds more than one (1) certificate, the commission may revoke, suspend, or probate some or all of the miner's certificates.

(6)

(a) A certified miner, who has been adjudicated by the Mine Safety Review Commission to have committed a first or subsequent offense, and who is hourly and not a foreman, may request the commission to consider whether the miner:

Was ordered by a foreman or other superior to commit a violation; or
Acted solely on his own accord.

(b) If requested by the miner, the commission shall take into consideration the factors in paragraph (a) of this subsection when determining the penalty.

(c) If the commission determines that the miner was ordered by a foreman to violate the mine safety law, the commission shall state whether and why that fact mitigated the severity of the penalty it imposed.

History

RELATES TO: KRS 351.1041, 351.120, 351.194, 352.010- 352.540
STATUTORY AUTHORITY: KRS 351.025(1)(a), 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations he deems necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.025(1)(a) requires the Department for Natural Resources to promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against certified miners whose intentional violation of, or order to violate, mine safety laws places miners in imminent danger of serious injury or death. This administrative regulation establishes the criteria for the revocation, suspension, or probation of a miner's certificate upon an adjudication by the Mine Safety Review Commission that a miner has committed this type of violation.
History: 28 Ky.R. 2128; 29 Ky.R. 714; eff. 9-16-2002; 44 Ky.R. 692, 1525; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 8:040 Criteria for the imposition and enforcement of sanctions against owners and part-owners of licensed premises {#sec-805-kar-8-040 omnilex-key=us-ky-regs-official--title-805--805 KAR 8:040}

Section 1.

(1) If an owner or part-owner of a licensed premises commits a first offense, as adjudicated by the Kentucky Mine Safety Review Commission, the commission may impose a civil monetary penalty against the owner or part-owner of not less than $2,500 and not more than $10,000.

(2) If an owner or part-owner of a licensed premises applies for a foreman's certificate, an inspector's certificate, or any other certificate under KRS Chapter 351 and Chapter 352, subsequent to a first offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the individual's application. The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(3) If an owner or part-owner of a licensed premises applies for a license to operate a coal mine in the Commonwealth of Kentucky subsequent to a first offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the application. The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(4) If an owner or part-owner of a licensed premises commits a second offense, as adjudicated by the Kentucky Mine Safety Review Commission, the commission may impose a civil monetary penalty against the owner or part-owner of not less than $5,000 and not more than $10,000.

(5) If an owner or part-owner of a licensed premises applies for a foreman's certificate, an inspector's certificate, or any other certificate under KRS Chapter 351 and Chapter 352, subsequent to a second offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the individual's application. After that second offense adjudication, there shall be a rebuttable presumption that the applicant is not suitable to be certified in the Commonwealth of Kentucky, and the applicant shall appear at a hearing before the Mine Safety Review Commission and present evidence as to his suitability. The applicant shall bear the burden of proof in the proceeding, in accordance with KRS 13B.090(7). The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(6) If an owner or part-owner of a licensed premises applies for a license to operate a coal mine in the Commonwealth of Kentucky subsequent to a second offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the application. After that second offense adjudication, there shall be a rebuttable presumption that the applicant is not suitable to hold a mine license in the Commonwealth of Kentucky, and the applicant shall appear at a hearing before the Mine Safety Review Commission and present evidence as to his suitability. The applicant shall bear the burden of proof in the proceeding, in accordance with KRS 13B.090(7). The division may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(7) If an owner or part-owner of a licensed premises commits a third offense, as adjudicated by the Kentucky Mine Safety Review Commission, the commission may impose a civil monetary penalty against the owner or part-owner of not less than $7,500 and not more than $10,000.

(8) Upon the adjudication by the Mine Safety Review Commission of a third offense committed by an owner or part-owner of a licensed premises, whether those offenses were committed at the same mine or at more than one (1) mine, the owner or part-owner shall not be eligible to obtain or hold any mine certificate or mine license within the Commonwealth of Kentucky.

(9) Penalties against owners or part-owners of licensed premises, imposed pursuant to subsection (1), (4), or (7) of this section, shall only be imposed for the individual acts of the owner or part-owner, not for the acts of another.

(10) If an owner or part-owner of a licensed premises is also a certified miner at the time of committing his first or second offense, the Mine Safety Review Commission may additionally impose on that owner or part-owner any nonmonetary penalties applicable to certified miners pursuant to 805 KAR 8:030.

History

RELATES TO: KRS 13B.090, 351.1041, 351.120, 351.194, 352.010-352.540
STATUTORY AUTHORITY: KRS 351.025(1)(b), 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations he deems necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.025(1)(b) requires the Department for Natural Resources to promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against owners and part-owners of licensed premises whose intentional violation of, or order to violate, mine safety laws places miners in imminent danger of serious injury or death. This administrative regulation establishes the criteria for the imposition of civil monetary penalties and other consequences upon an adjudication by the Mine Safety Review Commission that an owner or part-owner of a licensed premises has committed this type of violation.
History: 28 Ky.R. 2129; 29 Ky.R. 714; eff. 9-16-2002; 44 Ky.R. 694, 1526; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 8:050 Criteria for the imposition and enforcement of sanctions against noncertified personnel {#sec-805-kar-8-050 omnilex-key=us-ky-regs-official--title-805--805 KAR 8:050}

Section 1.

(1) If a noncertified person commits a first offense, as adjudicated by the Kentucky Mine Safety Review Commission, the commission may impose a civil monetary fine, in accordance with KRS 351.025(1)(c).

(2) If a noncertified person applies for a foreman's certificate, an inspector's certificate, or any other certificate under KRS Chapter 351 and Chapter 352, subsequent to a first offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the individual's application. The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(3) If a noncertified person applies for a foreman's certificate, an inspector's certificate, or any other certificate under KRS Chapter 351 and Chapter 352, subsequent to a second offense adjudication by the Mine Safety Review Commission that he intentionally violated, or ordered another person to violate, a mine safety law which placed a miner in imminent danger of serious injury or death, the Division of Mine Safety shall consider that adverse adjudication during its consideration of the individual's application. After that second offense adjudication, there shall be a rebuttable presumption that the applicant is not suitable to be certified in the Commonwealth of Kentucky, and the applicant shall appear at a hearing before the Mine Safety Review Commission and present evidence as to his suitability. The applicant shall bear the burden of proof in the proceeding, in accordance with KRS 13B.090(7). The Division of Mine Safety may grant or deny the application in accordance with KRS Chapter 351 and the administrative regulations promulgated under that chapter.

(4) Upon the adjudication by the Mine Safety Review Commission of a third offense committed by a noncertified person, that person shall not be eligible to obtain or hold any mine certification within the Commonwealth of Kentucky.

(5) A noncertified person who is also an owner or part-owner of a licensed premises shall be penalized under the provisions applicable to owners and part-owners, pursuant to 805 KAR 8:040, rather than under the provisions applicable to noncertified personnel, pursuant to subsections (1) through (4) of this section.

History

RELATES TO: KRS 13B.090, 351.1041, 351.194, 352.010-352.540
STATUTORY AUTHORITY: KRS 351.025(1)(c), 351.070(13)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations he deems necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.025(1)(c) requires the Department for Natural Resources to promulgate administrative regulations that establish comprehensive criteria for the imposition and enforcement of sanctions against noncertified personnel whose intentional violation of, or order to violate, mine safety laws places miners in imminent danger of serious injury or death. This administrative regulation establishes the criteria for the imposition of civil monetary fines and other consequences upon an adjudication by the Mine Safety Review Commission that a noncertified person has committed this type of violation.
History: 28 Ky.R. 2131; 29 Ky.R. 715; eff. 9-16-2002; 44 Ky.R. 696, 1527; eff. 2-2-2018; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 8:060 Criteria for the imposition and enforcement of sanctions against licensed premises {#sec-805-kar-8-060 omnilex-key=us-ky-regs-official--title-805--805 KAR 8:060}

Section 1. Definitions.

(1) "Commission" means the Mine Safety Review Commission.

(2) "First offense" means the first violation by a licensed premises of a mine safety law that places a miner in imminent danger of serious physical injury or death, as adjudicated by the Mine Safety Review Commission, including:

(a) Failure to comply with the reporting requirements set forth in KRS 352.180(1);

(b) The violation of a roof control plan, mine seal construction plans, or mine ventilation plan; or

(3) "Licensed facility" or "licensed premises" means "licensee", as defined by KRS 351.010(1)(o) and 352.010(1)(s).

(4) "Mine ventilation plan" means the ventilation plan, including any revisions as approved by the United States Mine Safety and Health Administration.

(5) "Related successor" means an entity that obtains a license for a mine, if that entity is linked by common legal or equitable ownership through one (1) or more owners, to a previous licensee for that same mine or location.

(6) "Second offense" means the second violation by a licensed premises of a mine safety law that places a miner in imminent danger of serious physical injury or death, as adjudicated by the Mine Safety Review Commission, including:

(a) Failure to comply with the reporting requirements set forth in KRS 352.180(1);

(b) The violation of a roof control plan, mine seal construction plans, mine ventilation plan; or

(7) "Subsequent offense" means a violation beyond the third offense by a licensed premises of a mine safety law that places a miner in imminent danger of serious physical injury or death, as adjudicated by the Mine Safety Review Commission, including:

(a) Failure to comply with the reporting requirements set forth in KRS 352.180(1);

(b) The violation of a roof control plan, mine seal construction plans, mine ventilation plan; or

(8) "Third offense" means the third violation by a licensed premises of a mine safety law that places a miner in imminent danger of serious physical injury or death, as adjudicated by the Mine Safety Review Commission, including:

(a) Failure to comply with the reporting requirements established in KRS 352.180(1);

(b) The violation of a roof control plan, mine seal construction plans, mine ventilation plan; or

(9) "Unsafe working conditions" means a condition that involves a hazard that:

(a) Can reasonably be expected to cause a miner serious injury or death;

(b) A foreman, superintendent or mine management was aware of or should have been aware of; and

Section 2. Criteria for the Imposition and Enforcement of Sanctions Against Licensed Premises for Violations of Mine Safety Laws.

(1)

(a) If the Commission determines, pursuant to KRS 351.194, that a licensed premises has committed a first offense, the commission may place the licensed premises on probation for a period of time to be determined by the commission, pursuant to KRS 351.194(5), which shall be in proportion to the seriousness of the violations and the facts of the case.

(b) The commission may also impose a civil monetary penalty against the licensed premises, in accordance with KRS 351.025(2) and the factors established in KRS 351.194(7).

(2)

(a) If a licensed premises is placed on probation for a first offense violation pursuant to subsection (1) of this section, the commission may impose the terms of the probation, and it may impose penalties for the violation of the terms of probation, including the suspension or revocation of the mine's license.

(b) If the licensed premises satisfies the terms of its probation, the probation shall automatically expire at the end of the probationary period.

(3)

(a) The department may file charges against a licensed premises for any alleged violation of its probationary terms.

(b) Hearings regarding the allegations shall be conducted by the Kentucky Mine Safety Review Commission, pursuant to 825 KAR 1:020.

(4)

(a) If the Commission determines, pursuant to KRS 351.194, that a licensed premises has committed a second offense, the commission may suspend or revoke the mine's license for a period of not less than two (2) calendar years, up to and including revocation, pursuant to KRS 351.194(5) and (6), and in proportion to the seriousness of the violations and the facts of the case.

(b) The commission may also impose a civil monetary penalty against the licensed premises, in accordance with KRS 351.025(2) and the factors established in KRS 351.194(7).

(5)

(a) If a mine license is suspended for a second offense violation pursuant to subsection (4) of this section, it shall be automatically reinstated at the end of the period of suspension.

(b) If the mine's license is revoked, the licensed premises may apply to the Office of Mine Safety and Licensing for the reinstatement of its mine license at the end of the revocation period.

(c) The Office of Mine Safety and Licensing may grant or deny the application. The office shall grant the application only if the licensed premises is in full compliance with orders of the Mine Safety Review Commission and KRS 351.175.

(6)

(a) Upon the adjudication by the Mine Safety Review Commission of a third offense by a licensed premises, the commission shall revoke the mine's license for a period of not less than three (3) calendar years, up to and including a permanent revocation without possibility of reinstatement, pursuant to KRS 351.194(5) and (6) and in proportion to the seriousness of the violations and the facts of the case.

(b) If the revocation is for a period of less than a permanent revocation without possibility of reinstatement, the licensed premises may apply to the Office of Mine Safety and Licensing for the reinstatement of its mine license at the end of the revocation period.

(d) If a third offense is committed by a licensed premises, the commission may also impose a civil monetary penalty against the licensed premises, in accordance with KRS 351.025(2) and the factors established in KRS 351.194(7).

(7)

(a) If a licensed premises commits a violation of a mine safety law that results in the death of a miner, whether the violation is first or subsequent offense, the Mine Safety Review Commission may suspend or revoke the mine's license, including permanent revocation of the license without the possibility for reinstatement, pursuant to KRS 351.194(5) and (6) and in proportion to the seriousness of the violations and the facts of the case.

(b) If the commission suspends the mine's license, it shall be automatically reinstated at the end of the period of suspension.

(c) If the commission revokes the mine's license for a period of less than a permanent revocation possibility of reinstatement, the licensed premises may apply to the Office of Mine Safety and Licensing for the reinstatement of its mine license at the end of the revocation period.

(d) The Office of Mine Safety and Licensing may grant or deny the application. The office shall grant the application only if the licensed premises is in full compliance with Orders of the Mine Safety Review Commission and KRS 351.175.

(e) The commission may also impose a civil monetary penalty against the licensed premises, in accordance with KRS 351.025(2) and the factors established in KRS 351.194(7).

(8) If a licensed premises that has committed one (1) or more violations pursuant to subsection (1), (4), (6), or (7) of this section is subsequently sold or goes out of business, penalties imposed on that licensed premises for those violations shall be imposed upon an entity that is determined by the commission to be a related successor to the licensed premises in question, after a hearing conducted pursuant to KRS 351.194.

Section 3. Criteria for the Imposition and Enforcement of Civil Penalties Against Licensed Facilities for Violations of Roof Control Plans, Mine Seal Construction Plans, Unsafe Working Conditions, or Mine Ventilation Plans.

(1) Amount of penalty. The commissioner or the commissioner's designee shall assess monetary penalties to a licensed facility that has been issued a noncompliance or closure order for a violation of the provisions of KRS Chapters 351 and 352 relating to roof control plans, mine seal construction plans, unsafe working conditions, and mine ventilation plans that may lead to imminent danger or serious physical injury, or have resulted in serious physical injury or death, as follows:

(a) If the licensed facility has not had previous violations during the previous twenty-four (24) months relating to roof control plans, mine seal construction plans, unsafe working conditions, or mine ventilation plans that may lead to imminent danger or serious physical injury, the penalty shall not be more than $2,500;

(b) If the licensed facility has had one prior offense during the previous twenty-four (24) months relating to the violation of the roof control plans, mine seal construction plans, unsafe working conditions, or mine ventilation plan that resulted in the assessment of a penalty pursuant to this section, the penalty for a violation that may lead to imminent danger or serious physical injury shall not be more than $4,000;

(c) If the licensed facility has had two (2) or more offenses relating to a violation during the previous twenty-four (24) months of the roof control plans, mine seal construction plans, unsafe working conditions, or mine ventilation plan that resulted in an assessment of a penalty pursuant to this section, the penalty for a violation that may lead to imminent danger or serious physical injury shall not be more than $5,000;

(d) If the violation of the roof control plans, mine seal construction plans, unsafe working conditions, or mine ventilation plan results in the serious physical injury or death of a miner, the penalty shall be $5,000, even if the licensed facility has been previously cited for the violation or assessed a penalty pursuant to this section; and

(e) Factors to be considered. In determining the amount of the penalty to be assessed, consideration shall be given to the following:

The licensed premises' cooperation with investigators;
The severity of the harm done, such as whether the violation resulted in:

a. Death;

b. Serious physical injury; or

c. The placement of an individual in imminent harm;

The licensed premises' acceptance of responsibility for its actions;
The licensed premises' history of violations;
Mitigating circumstances; and
Aggravating circumstances.

(2) Notification. The commissioner or commissioner's designee shall notify a licensed facility that has been assessed a penalty pursuant to this section of the amount of the assessment.

(3) Service.

(a) The notice of proposed penalty assessment shall be served on the licensed facility within thirty (30) days after the proposed penalty assessment is completed.

(b) Failure to serve the proposed assessment within thirty (30) days shall not be grounds for dismissal of all or part of the assessment unless the licensee proves actual and substantial prejudice as a result of the delay.

a. The commissioner or the commissioner's designee may place a copy of the notice of proposed assessment in an envelope and address the envelope to the licensed facility at the address provided by the licensee to the Office of Mine Safety and Licensing in its most recent license application.

b. The Office of Mine Safety and Licensing shall affix adequate postage and place the sealed envelope in the United States mail as certified mail return receipt requested.

c. The Office of Mine Safety and Licensing shall maintain a record of each assessment and shall include the fact of mailing and the return receipt, if received.

d. If the envelope is returned with an endorsement showing failure of delivery, that fact shall be entered in the record.

e. Service by certified mail shall be complete upon delivery of the envelope, upon acceptance by any person eighteen (18) years of age or older at the licensee address, upon refusal to accept by any person at the licensee address, upon the United States Postal Service's inability to deliver the assessment if properly addressed to the licensee, or upon failure to claim the assessment prior to its return to the Office of Mine Safety and Licensing by the United States Postal Service.

f. The return receipt shall be proof of acceptance, refusal, inability to deliver, or failure to claim the assessment; or

The commissioner or the commissioner's designee may cause the assessment, with necessary copies, to be transferred for service to a person authorized by the Secretary who shall serve the assessment, and the return thereon shall be proof of the time and manner of service.

(4) Options of the licensed facility issued a notice of proposed assessment.

(a) Waiver.

A licensed facility that is issued a notice of proposed assessment may choose not to contest the assessment.
Failure to file a petition pursuant to paragraph (b) of this subsection shall be considered a waiver.
A final order shall be entered by the Mine Safety Review Commission finding that:

a. The licensed facility has waived its right to an administrative hearing on the amount of the proposed assessment;

b. The fact of the violation cited in the noncompliance or closure order is deemed admitted;

c. The proposed penalty is due and payable within thirty (30) days after the entry of the final order; and

d. The violation is a first, second, third, or subsequent offense.

(b) Petition for administrative hearing. The licensed facility may contest the proposed assessment and fact of violation by submitting a petition for administrative hearing within thirty (30) days of the receipt of the assessment in accordance with 825 KAR 1:020.

(5) This section of this administrative regulation shall not be construed to impair or contravene the Office of Mine Safety and Licensing's authority to seek sanctions pursuant to Section 2 of this administrative regulation or to prevent the Mine Safety Review Commission from imposing the sanctions in Section 2 of this administrative regulation in addition to the monetary penalties assessed pursuant to this section.

Section 4. Criteria for the Imposition and Enforcement of Sanctions Against Licensed Facilities For Failure to Comply with the Requirements for Reporting an Accident.

(1) General.

(a) If the superintendent, mine manager, mine foreman, or a mine foreman's designee fails to comply with the reporting requirements established in KRS 352.180(1), the Mine Safety Review Commission may revoke, suspend or probate the mine license for a period of time to be determined by the commission, pursuant to KRS 351.194(5), and in proportion to the seriousness of the violations and the facts of the case.

(b) The commission shall also assess a civil monetary penalty against the licensed premises in accordance with KRS 352.180(5).

(2) Point system for computing the civil monetary penalty. The Mine Safety Review Commission shall apply the point system described in this subsection to evidence produced by the Office of Mine Safety and Licensing necessary to determine the amount of civil monetary penalty to assess against the licensee pursuant to this section. Points shall be assigned as follows:

(a) Appropriateness of the penalty.

Up to fifteen (15) points shall be assigned for the size of the mine.
The size of the mine shall be based on the tonnage produced from the mine in the previous calendar year, or in the case of a mine opened or owned less than one (1) full calendar year, the tonnage prorated to an annual basis.
Points shall be assigned as follows:

a. 0-300,000 tons, zero (0) points;

b. 300,000-500,000 tons, five (5) points;

c. 500,000-1 million tons, ten (10) points;

d. Over 1 million tons, fifteen (15) points;

(b) History of previous violations.

Up to twenty (20) points shall be assigned based on the history of violations at the mine, cited against the licensee during the preceding twenty-four (24) month period.
Points shall be assigned as follows:

a. 1-5 previous violations, zero points;

b. 6-10 previous violations, five (5) points;

c. 11-20 previous violations, ten (10) points;

d. 21-30 previous violations, fifteen (15) points;

e. Over 30 previous violations, twenty (20) points;

Up to twenty-five (25) points shall be assigned based on the degree of negligence the licensee exhibited in failing to report the accident.
Points shall be assigned as follows:

a. No negligence. There shall not be negligence on the part of the licensee if it exercised diligence and could not have prevented the failure to comply with the reporting requirements. Zero points shall be assigned for no negligence;

b. Negligence. There shall be negligence if the licensee has mitigating circumstances for its failure to comply with the reporting requirements. Fifteen (15) points shall be assigned for negligence; or

c. Reckless disregard. There shall be reckless disregard if the licensee exhibits the absence of the slightest degree of care in complying with the reporting requirements. Twenty- five (25) points shall be assigned for reckless disregard;

(d) Gravity. Gravity shall be the severity of the accident and whether persons were at risk of serious physical injury or death based on the failure to comply with the reporting requirements.

A total of thirty (30) points shall be assigned for gravity.
Points shall be assigned as follows:

a. Severity. Up to twenty (20) points shall be assigned as follows for the severity of injuries:

(i) No serious physical injury occurred, zero points;

(ii) A serious physical injury occurred, ten (10) points; or

(iii) A fatality occurred, twenty (20) points; and

b. Persons at risk of serious physical injury or death. Up to ten (10) points shall be assigned based on whether persons were at risk of serious physical injury or death by the failure to comply with the reporting requirements, and points shall be assigned as follows:

(i) Personnel were not at risk, zero points; or

(ii) A person was at risk, ten (10) points.

(3) Determination of amount of penalty. The Mine Safety Review commission shall determine the amount of penalty by converting the total number of points assigned under subsection (2) of this section to a dollar amount, according to the schedule in the following table:

(4) Waiver of use of point system to determine civil penalty.

(a)

The Mine Safety Review Commission may waive the use of the point system contained in Section 4(2) of this administrative regulation to set the civil penalty, if it determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust.
The basis for every waiver shall be fully explained and documented in the record of the case.

(b)

If the commission waives the use of the point system, it shall use the criteria established in KRS 351.194(7) to determine the appropriate penalty.
If the commission has elected to waive the use of the point system, it shall give a written explanation for the basis for the assessment made in its Final Order.

Section 5. Incorporation by Reference.

(1) "Notice of Proposed Assessment," July 12, 2006, OMSL Form No. NPA-1, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Mine Safety and Licensing, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 351.010(1)(m), 351.025, 351.1041, 351.175, 351.194, 352.010-352.550
STATUTORY AUTHORITY: KRS 351.025(2), 351.070(13), 351.070(15)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Energy and Environment Cabinet to promulgate administrative regulations necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.025(2) requires the Department for Natural Resources to promulgate administrative regulations that establish comprehensive criteria for the Mine Safety Review Commission's imposition of penalties against licensed premises for violations of Kentucky mine safety laws that place miners in imminent danger of serious injury or death. KRS 351.070(15) requires the Cabinet to promulgate administrative regulations providing for the manner and method of assessing penalties by the Commissioner of the Department for Natural Resources against licensed facilities for violations of KRS Chapters 351 and 352 that relate to roof control plans, mine seal construction plans, unsafe working conditions and mine ventilation plans that could lead to imminent danger or serious physical injury. This administrative regulation establishes the criteria for the revocation, suspension, or probation of a mine's license, and the imposition of civil monetary penalties against a licensed premises.
History: 28 Ky.R. 2132; 29 Ky.R. 716; eff. 9-16-2002; 33 Ky.R. 560; 1341; eff. 12-7-2006; TAm eff. 3-24-2008; 36 Ky.R. 660; 1222; eff. 12-11-2009; 37 Ky.R. 165; 727; eff. 9-2-2010; TAm eff. 7-6-2016; Crt eff. 6-27-2018; TAm eff. 9-9-2019; Crt eff. 5-13-2025.

Chapter 11 Drugs Workplace Certification

805 KAR 11:001 Definitions for 805 KAR Chapter 11 {#sec-805-kar-11-001 omnilex-key=us-ky-regs-official--title-805--805 KAR 11:001}

Section 1. Definitions.

(1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, produced from any source or process.

(2) "Consortium" means an entity, which may involve varied pools of employers and their employees, established to provide cost-effective services to employers to help the employers comply with drug-free workplace program requirements and may provide employer education, supervisor training, and drug and alcohol testing at a reduced cost to the employers who choose to participate.

(3) "Drug" means a controlled substance as defined in KRS 218A.010(6) and as established in 902 KAR Chapter 55, including:

(a) Substances listed in KRS 351.182(8);

(b) Illicit substances; and

(4) "Drug or alcohol rehabilitation program" means a service provider that provides confidential, timely, and expert identification, assessment, treatment, and resolution of employee drug or alcohol abuse.

(5) "Drug test" or "test" means a chemical, biological, or physical instrumental analysis administered by a qualified laboratory, for the purpose of determining the presence or absence of a drug or its metabolites or alcohol pursuant to standards, procedures, and protocols established by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) for the collection and testing required by KRS 351.182.

(6) "Employee" means any person who works for a salary, wages, or other remuneration for an employer, licensee, or operator.

(7) "Employee Assistance Program" means an established program providing:

(a) Professional assessment of employee personal concerns;

(b) Confidential and timely services to identify employee alcohol or substance abuse;

(d) Follow-up services for employees who participate in a drug or alcohol rehabilitation program and are recommended for monitoring after returning to work.

(8) "Employer" means a corporation, partnership, sole proprietorship, or other business entity doing business in Kentucky which is:

(a) Required to comply with the provisions of KRS Chapter 342 or voluntarily covers excluded employees pursuant to KRS 342.660; and

(b) A licensee.

(9) "Executive director" is defined by KRS 351.010(1)(ae).

(10) "Illicit substances" is defined by KRS 351.010(1)(m).

(11) "Independent contractor" means a person, business firm, partnership, or corporation with whom an owner, licensee, or operator may negotiate an agreement providing for construction, equipment, maintenance, personnel, management, and operation of a coal mine.

(12) "Licensee" is defined by KRS 351.010(1)(o).

(13) "Medical review officer" or "MRO" is defined by KRS 351.010(1)(p).

(14) "Office" is defined by KRS 351.010(1)(ad).

(15) "Operator" is defined by KRS 351.010(1)(u).

(16) "Qualified laboratory" means a laboratory certified in accordance with the National Laboratory Certification Program (NLCP) by the United States Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA).

(17) "Reasonable suspicion testing" means drug or alcohol testing that meets the requirements in 805 KAR 11:020, Section 2(2).

(18) "Serious physical injury" is defined by KRS 351.010(1)(y).

(19) "Supervisory personnel" is defined by KRS 351.010(1)(ac).

History

RELATES TO: KRS 217.900(1), 218A.010(6), Chapter 342, 351.010, 351.182(8)
STATUTORY AUTHORITY: KRS 351.070, 351.186
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and Licensing to certify drug-free workplace programs implemented by an employer who is also a licensee, for the licensee to be eligible to obtain a credit on the licensee's premium for workers' compensation insurance. This administrative regulation defines terms used in 805 KAR Chapter 11.
History: 33 Ky.R. 3126; 3416; 34 Ky.R. 249; eff. 8-23-2007; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 11:010 Requirements for application for certification of drug-free workplace {#sec-805-kar-11-010 omnilex-key=us-ky-regs-official--title-805--805 KAR 11:010}

Section 1. Applicability.

(1) This administrative regulation shall apply to an application for certification of a drug-free workplace program implemented by an employer who is also a licensee.

(2) Employer participation in the Drug-Free Workplace Program shall be voluntary.

(3) All drug or alcohol testing shall be conducted:

(a) In accordance with applicable federal and state requirements; and

(b) As required by this administrative regulation for participants in the Drug-Free Workplace Program.

Section 2. Application Requirements. Employers who desire a drug-free workplace certification pursuant to KRS 351.186 shall submit to the office a notarized initial and annual application in the form of an affidavit executed by the owner or chief executive officer of the licensee establishing that it provides a drug-free workplace by:

(1) Providing a copy of a statement to each employee at the mine and posting the statement in a prominent place at the mine. The statement shall:

(a) Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of alcohol or a controlled or illicit substance is prohibited in the mine; and

(b) Specify the actions that will be taken against employees for violations of the prohibition;

(2) Establishing an alcohol and substance abuse education and awareness training program which complies with the minimum requirements of 805 KAR 11:020, Section 2(1), to inform employees and supervisory personnel about:

(a) The dangers of drug abuse in the workplace;

(b) The role of co-workers and supervisors in addressing alcohol or drug abuse;

(d) Available drug counseling, rehabilitation, and employee assistance programs; and

(e) The penalties for violations of the drug-free workplace policy;

(3) Establishing a program that includes alcohol and drug testing performed as established in 805 KAR 11:020, Section 2(2) through (6);

(4) Providing an Employee Assistance Program which shall:

(a) Include:

Professional assessment of employee personal concerns;
Confidential and timely services to identify employee drug or alcohol abuse;
Referrals of employees for appropriate diagnosis, treatment, and assistance with regard to employee alcohol or substance abuse; and
Follow-up services for employees who participate in a drug or alcohol rehabilitation program and are recommended for monitoring after returning to work; and

(b) Provide services regardless of race, color, religion, national origin, disability, sex, or age

(5) Verifying that the frequency and duration of each employee and supervisor training session meets the requirements of 805 KAR 11:020, Section 2(1)(b) and (c);

(6) Verifying that all employees have participated, or will participate during the calendar year, in the required alcohol and substance abuse education and awareness training sessions;

(7) Maintaining a drug-free workplace throughout its workers' compensation insurance policy period; and

(8) Maintaining the drug-free workplace program in compliance with all applicable federal and state laws and regulations.

(9) Requiring that all independent contractors who are required to be certified pursuant to KRS 351.102 shall comply with the provisions of the licensee's Drug-Free Workplace Program.

Section 3. Documents to be Attached. The application shall be accompanied by copies of the following documents:

(1) The licensee's written drug-free workplace policy;

(2) A statement identifying each alcohol and drug test that will be conducted;

(3) A statement describing the licensee's Employee Assistance Program;

(4) A description of the alcohol and substance abuse education and awareness training program for employees and supervisory personnel; and

(5) A statement describing the confidentiality of the licensee's drug-free workplace program.

Section 4. Application Completeness.

(1) The office shall reject an application for certification of a drug-free workplace program which fails to comply with any of the criteria listed in Section 2 or 3 of this administrative regulation.

(2)

(a) The office shall notify the licensee of rejection of the application in writing, stating the specific reasons for the rejection.

(b) The notification shall be mailed certified mail, return receipt requested, to the address listed on the licensee's most recent mine license or mine license application.

Upon delivery of the notification;
Upon acceptance by any person eighteen (18) years or older at the licensee address;
Upon refusal to accept by a person at the licensee address;
Upon the U.S. Postal Service's inability to deliver the notification if properly addressed; or
Upon failure of the applicant to claim the notification prior to its return to the office by the U.S. Postal Service.

(d) The return receipt or envelope shall be proof of acceptance, refusal, inability to deliver, or failure to claim the envelope.

(3) The licensee may appeal the rejection as established in 825 KAR 1:020, Section 4.

Section 5. Incorporation by Reference.

(1) "Mine License Applicant's Affidavit: Drug-Free Workplace Program", 2007 edition, is incorporated by reference.

History

RELATES TO: KRS 351.186
STATUTORY AUTHORITY: KRS 351.070(13), 351.186
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and Licensing to certify drug-free workplace programs implemented by an employer who is also a licensee, for the employer licensee to be eligible to obtain a credit on the licensee's premium for workers' compensation insurance. This administrative regulation establishes the requirements for applications submitted to the Office of Mine Safety and Licensing for certification of a drug-free workplace program.
History: 33 Ky.R. 3128; 3417; 34 Ky.R. 250; eff. 8-23-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 5-13-2025.

805 KAR 11:020 Requirements for certification of drug-free workplace {#sec-805-kar-11-020 omnilex-key=us-ky-regs-official--title-805--805 KAR 11:020}

Section 1. Review of Applications for Certification of a Drug-free Workplace Program.

(1) The office shall review the application for certification of a drug-free workplace program and make a written decision concerning approval or denial of the application.

(2)

(a) If the application has been denied, the notification of the decision shall include specific reasons for the denial.

(b) The notification of the decision to approve or deny the application shall be mailed to the licensee or applicant by certified mail, return receipt requested, to the address listed on the licensee's most recent mine license or mine license application.

Upon delivery of the envelope;
Upon acceptance by any person eighteen (18) years or older at the licensee or application address;
Upon refusal to accept by a person at the licensee address;
Upon the U.S. Postal Service's inability to deliver the notification if properly addressed; or
Upon failure of the licensee or applicant to claim the envelope prior to its return to the office by the U.S. Postal Service.

(d) The return receipt or envelope shall be proof of acceptance, refusal, inability to deliver, or failure to claim the envelope.

(3) The licensee may appeal the rejection as established in 825 KAR 1:020, Section 4.

Section 2. Approval and Certification of Drug-Free Workplace Program. The office may approve an application for, and issue a certification of, a drug-free workplace program to an employer, if the drug-free workplace program complies with all of the following minimum requirements:

(1) The program includes alcohol and substance abuse education and awareness training for employees and supervisors which:

(a) Provides to all employees written materials explaining the licensee's policies and procedures with respect to the drug-free workplace program;

(b)

Provides each employee at least one (1) hour of initial, and at least thirty (30) minutes refresher each year thereafter, of alcohol and substance abuse education and awareness training. The training shall include, at a minimum, information concerning:

a. Alcohol and drug testing;

b. The effects of alcohol and drug use on an individual's health, work, and personal life;

c. The disease of alcohol or drug addiction;

d. Signs and symptoms of an alcohol or drug problem;

e. The role of co-workers and supervisors in addressing alcohol or substance abuse; and

f. Referrals to an employee assistance program.

The alcohol and substance abuse awareness and education training provided by the office pursuant to KRS 351.102, 351.106, and 351.1291 as part of certification or refresher training shall satisfy this requirement if the licensee provides verification of all employees' attendance at the training program. "The Mine Safety and Health Administration Form 5000-23" required by 805 KAR 7:030 shall serve as this verification; and

(c) Provides all supervisory personnel, in addition to the training specified in paragraph (b) of this subsection, with thirty (30) minutes each year of alcohol and substance abuse education and awareness training. The training shall include, at a minimum, information on:

Recognizing the signs of alcohol and substance abuse in the workplace;
How to document signs of employee alcohol or substance abuse;
How to refer employees to an employee assistance program or other alcohol and substance abuse treatment; and
Legal and practical aspects of reasonable suspicion testing for the presence of drugs and alcohol. The alcohol and substance abuse education and awareness training provided by the office pursuant to KRS 351.106(3) and 351.1291(4) as part of certification or refresher training may satisfy this requirement if the licensee provides verification of attendance of all supervisory personnel at the training program. "The Mine Safety and Health Administration Form 5000-23" required by 805 KAR 7:030 shall serve as this verification;

(2) "Reasonable suspicion testing shall be based on a belief that an employee is using or has used drugs or alcohol in violation of the employer's policy, drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience, training, or education. The reasonable suspicion testing shall be based upon:

(a) While at work, direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol;

(b) While at work, abnormal conduct, erratic behavior, or a significant deterioration in work performance;

(d) Evidence that an individual has tampered with a drug or alcohol test during employment with the current covered employer;

(e) Information that an employee has caused, contributed to, or been involved in an accident while at work; or

(f) Evidence that an employee has used, possessed, sold, solicited, or transferred illegal or illicit drugs or used alcohol while on the covered employer's premises or while operating the covered employer's vehicle, machinery, or equipment.

(3) The program includes breath alcohol and urine drug testing to which job applicants or employees shall be required to submit at the following times:

(a) For urine drug testing:

After conditional offer of employment;
After being selected using a statistically valid, unannounced random method;
Upon reasonable suspicion of prohibited drug use;
At Follow-up testing at least once per quarter for one (1) year after the employee's successful completion of an employee assistance program for drug-related problems, or a drug rehabilitation program, or as recommended by the person administering the drug rehabilitation program; and
Following a mine accident on the licensed premises which requires off-site medical attention be given to a person.

(b) For breath alcohol testing:

After conditional offer of employment;
Upon reasonable suspicion of prohibited alcohol use;
Following a mine accident on the licensed premises which requires off-site medical attention be given to a person; and
Follow-up testing at least once per quarter for one (1) year after the employee's successful completion of an employee assistance program for alcohol-related problems, or an alcohol rehabilitation program, or as recommended by the person administering the alcohol rehabilitation program;

(4) The office may issue a certification for a program that provides for alcohol and drug testing of other fluids or products of the human body capable of revealing the presence of drugs or alcohol if the testing is as accurate as, and equivalent to, breath alcohol and urine drug testing and complies with this section of this administrative regulation;

(5) The program includes the minimum testing protocol as established in KRS 351.182(7) and (8);

(6) The program provides that the collection of samples and administration of drug and alcohol tests shall follow all standards, procedures and protocols established by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Administration (SAMHSA);

(7) The program provides that the test results have been performed by a qualified laboratory;

(8) The program includes medical review of test results as follows:

(a)

All test results shall be submitted for medical review by the medical review officer (MRO), who shall consider the medical history of the employee or applicant, as well as other relevant biomedical information.
If there is a positive test result, the employee or applicant shall be given an opportunity to report to the MRO the use of any prescription or over-the-counter medication.

(b) If the MRO determines that there is a legitimate medical explanation for a positive test result, the MRO may certify that the test results do not indicate the unlawful use of alcohol or a controlled substance. If the MRO determines, after appropriate review, that there is not a medical explanation for the positive test result other than the unauthorized use of alcohol or a prohibited drug, the MRO shall refer the individual tested to an employee assistance program or to a personnel or administrative officer for further proceedings in accordance with the licensee's drug-free workplace program.

(c) Determinations concerning the use of alcohol or a controlled or illicit substance shall comply with all procedures outlined in the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration (SAMHSA) "Medical Review Officer Manual for Federal Agency Workplace Drug Testing Programs";

(9) The program includes an employee assistance program (EAP) for its employees and supervisory personnel.

(a) The licensee may establish the EAP as a part of its internal personnel services or may contract with an entity that provides EAP services.

(b) Employer licensees' participation in a consortium shall satisfy this requirement; and

(10) The program includes controlled-access maintenance at the coal mine of records including the names and position titles of all employees and supervisory personnel trained under the program, and the names of all persons who presented alcohol and substance abuse training, for review by the office.

(11) The program includes a requirement that all independent contractors required to be certified pursuant to KRS 351.102 comply with the provisions of the licensee's Drug-Free Workplace Program.

Section 3. Revocation of Certification.

(1) The office shall revoke a certification issued pursuant to Section 2 of this administrative regulation if the licensee discontinues or fails to maintain its drug-free workplace program in compliance with the requirements of 805 KAR Chapter 11.

(2)

(a) The notification of revocation shall include specific reasons for the revocation and shall be mailed to the licensee by certified mail, return receipt requested, to the address listed on the licensee's most recent mine license.

(b) Service by certified mail shall be complete:

Upon delivery of the envelope;
Upon acceptance by a person eighteen (18) years or older at the licensee or application address;
Upon refusal to accept by a person at the licensee address;
Upon the U.S. Postal Service's inability to deliver the notification if properly addressed; or
Upon failure to claim the envelope prior to its return to the office by the U.S. Postal Service.

(c) The return receipt or envelope shall be proof of acceptance, refusal, inability to deliver, or failure to claim the envelope.

Section 4. Confidentiality of Records. Records of drug or alcohol test results, written or otherwise, received by the licensee shall be confidential communications and shall not be disclosed by the licensee to any party other than the office, except under the circumstances listed in KRS 351.185(1)(a) through (e).

Section 5. Denial or Revocation of Certification. A licensee whose application for certification has been denied or revoked may file a petition of appeal in accordance with the provisions of 825 KAR 1:020, Section 4.

Section 6. Incorporation by Reference.

(1) The "Medical Review Officer Manual for Federal Agency Workplace Drug Testing Programs" issued by the Department of Health and Human Services, November 1, 2004 Edition (DHHS Publication No. (ADMINISTRATIVE REGULATION) 88-1526) is incorporated by reference.

History

RELATES TO: KRS 351.102, 351.1291, 351.182(7), (8), 351.185(1)(a)-(e), 351.186
STATUTORY AUTHORITY: KRS 351.070(13), 351.186
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.070(13) authorizes the Secretary of the Environmental and Public Protection Cabinet to promulgate administrative regulations necessary and suitable for the proper administration of KRS Chapter 351. KRS 351.186 authorizes the Office of Mine Safety and Licensing to certify drug-free workplace programs implemented by an employer who is also a licensee, for the employer and licensee to be eligible to obtain a credit on the licensee's premium for workers' compensation insurance. This administrative regulation establishes the minimum requirements for certification of a drug-free workplace program.
History: 33 Ky.R. 3130; 3419; 34 Ky.R. 251; eff. 8-23-2007; TAm eff. 7-6-2016; Crt eff. 6-27-2018; Crt eff. 5-13-2025.