(a) A class III salt solution mining well shall not be operated under any of the following conditions:
- (1) The salt roof is less than 50 feet in thickness above the washed cavern.
- (2) The solution cavern has been developed as a single well, and the dimensions of the cavern across a horizontal plane exceed 400 feet at any depth or 300 feet in the upper one-third of the potential cavern height.
- (3) The top of the solution cavern is less than 250 feet from the ground surface.
- (4) The solution cavern has been developed as part of a gallery, and the dimensions of the cavern across a horizontal plane exceed 400 feet at any depth or 300 feet in the upper one-third of the potential cavern height, except the route of interconnection between wells.
- (5) The depth to the top of the salt section is less than 400 feet below land surface, and the dimensions of the cavern across a horizontal plane exceed 300 feet in diameter, except the route of interconnection between wells.
- (6) The distance between adjacent galleries is less than 100 feet from the wall of a cavern in an adjacent gallery.
- (7) There are leaks or losses of fluid in the casing or surface pipe of a well.
(b) A variance for any well not meeting the conditions in paragraphs (a)(2) and (a)(4) through (a)(6) may be granted by the secretary if all of the following conditions are met:
- (1) The variance is protective of public health, safety, and the environment.
- (2) The applicant or permittee agrees to perform any additional monitoring or well improvements, or any combination, if required by the secretary.
- (3) The applicant or permittee agrees to conduct a geomechanical study in support of the variance request. The geomechanical study shall be conducted by a contractor experienced in conducting and interpreting geomechanical studies.
- (c) Each applicant or permittee seeking a variance shall submit a written request to the secretary that includes justification for the variance, a geomechanical study and interpretation, and any additional supporting information for review and consideration for approval.
(Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective Aug. 6, 2010.)