55-904. Disposal of salt water; penalties for violations.
55-904
55-904. Disposal of salt water; penalties forviolations.(a) It shall be unlawful for any person, firm, corporation, partnershipor other association of persons:
(1) To knowingly and willfully dispose of or cause the disposal of saltwater produced inconjunctionwith the production of oil or natural gas except in the manner and locationsprescribed by K.S.A. 55-901 and 55-1003, and amendments thereto, andrules and regulations adopted pursuant to such sections, or as permitted bythe commission;
(2) to dispose of any substance not exempt under 40 C.F.R. 261.4(b)(5), asrevised July 1, 1997, in a class II disposal or injection well;
(3) to knowingly contract for the transportation of such saltwater witha person, firm, corporation, partnership or other association of personswho is not licensed under the provisions of K.S.A. 66-1,114, andamendments thereto; or
(4) to own or operate any motor vehicle which, while being usedfor thetransportation of such salt water, contains an operable "trip-lever" orsimilar device which is installed in such manner as to allow access to anyperson while riding in the passenger compartment of such vehicle.
(b) As used in this section "salt water" means water containing more than5,000 milligrams per liter chloridesand produced in conjunction with the production of oil or naturalgas.
(c) This section shall not be construed to prohibit the spreading of saltwater on road beds under construction or maintenance if such spreading ofsalt water is performed in compliance with rules and regulations adoptedby the secretary of the department of health and environment. The secretaryshall be responsible for enforcing, by appropriate proceedings, such rules andregulations and shall immediatelynotify the appropriate county or district attorney of any actual orsuspected violation of this section.
(d) Any person, firm, corporation, partnership or other association ofpersons who violates any provision of subsection (a) shall be guilty of:
(1) A severity level 9, nonpersonfelony; and
(2) a severity level 8, nonperson felony on a second orsubsequent violation of subsection (a).
History: L. 1981, ch. 223, § 2; L. 1982, ch. 229, § 1;L. 1986, ch. 201, § 19;L. 1993, ch. 291, § 230;L. 1994, ch. 291, § 76;L. 1998, ch. 122, § 2; July 1.