55-1,120. Same; salt solution mining wells; abandonment, legal responsibility for.
55-1,120
55-1,120. Same; salt solution mining wells;abandonment, legal responsibility for.(a) For the purposes of this section:
(1) "Person legally responsible" includes, but is not limited to: (A) Anycurrent or formeroperator of the well, or successor, who has: (i) Knowingly abandoned the well;(ii) caused thepollution or hazard, or threat of pollution or hazard, by intentionallyaltering or tampering with thewell; or (iii) assumed legal responsibility by written agreement or contract;and (B) any current orformer owner of the well who is or was in the business of producing salt.
(2) "Salt solution mining well" means a well which has been drilled intosubsurface salineor salt bearing deposits for the recovery of either existing brines or brineswhich are formed by theinjection of water to dissolve such deposits.
(3) A salt solution mining well shall be deemed abandoned if no person islegally responsiblefor causing the pollution or hazard, or threat of pollution or hazard, or ifthe person legallyresponsible is dead, is no longer in existence, is adjudicated to be insolventor cannot be found.
(b) If the secretary finds that the location or construction, or both, of anabandoned salt solution miningwell causes or threatens to cause pollution of the land, air or waters of thestate or is or threatens tobecome a hazard to persons, property or public health or safety, the secretarymay, in addition to anyother remedy provided by law:
(1) After completion of an investigation: (A) Order any person who is legally responsible forcausing the pollution or hazard, or threat of pollution or hazard, to take such remedial action as willremove the pollution or hazard, or threat of pollution or hazard, including,but not limited to,plugging such well; or (B) as funds are available, provide for the plugging ofthe well and orderassessment of the costs to the legally responsible person; or
(2) after completion of an investigation and as funds are available, providefor the pluggingof the well, if abandoned, in a manner that remediates the pollution or hazard,whether threatenedor actual.
History: L. 2001, ch. 191, § 12; July 1.