This regulation shall apply only within the boundaries of groundwater management districts #2 and #5. (a) Except as specified in subsection (g), it shall be a violation of this regulation for the operator, owner, or person responsible to drill or construct either a cased or uncased cathodic protection borehole without first applying for and obtaining a permit to drill and construct a cathodic protection borehole.

1. (b) Each individual seeking a permit shall submit an application to the appropriate GMD office at least 60 days before planned construction, on a form furnished by the appropriate GMD. The permit application shall contain the following:

   1. (1) The name and address of the owner;
   2. (2) the quarter section, section, range, township, and county;
   3. (3) the distance from the borehole to the section's southeast corner, in exact footage;
   4. (4) the top and bottom depths of any freshwater aquifer;
   5. (5) the total borehole depth;
   6. (6) the number and depths of the anodes;
   7. (7) the top and bottom depths of the anode conductor or anode conductor grout; and
   8. (8) any other relevant information requested by the manager of the appropriate GMD.
2. (c) Each manager of a GMD shall submit one copy of each cathodic protection borehole application upon which action has been taken to the production department of the conservation division within 10 days of approval.
3. (d) The operator, owner, or person responsible shall notify the appropriate GMD office at least 72 hours before drilling each cathodic protection borehole.
4. (e) When required by the manager of the appropriate GMD, the operator, owner, or person responsible shall submit a surface pit permit approved by the director of the conservation division with the application for a permit to drill and construct a cathodic protection borehole.
5. (f) Drilling a cased or an uncased cathodic protection borehole without an approved permit shall be punishable by a penalty of up to $1,000. Drilling any cased or uncased cathodic protection borehole without providing notice to the appropriate GMD office in accordance with subsection (d) shall be punishable by a penalty of up to $1,000.

6. (g) No permit shall be required for a cathodic protection anode system that meets the following conditions:

   1. (1) Is constructed to a maximum depth below the land surface of 25 feet or less; and
   2. (2) does not penetrate an aquifer.

(Authorized by K.S.A. 55-152 and K.S.A. 2003 Supp. 82a-1028; implementing K.S.A. 55-152, K.S.A. 2003 Supp. 55-164, and K.S.A. 2003 Supp. 82a-1028; effective, T-82-1-21-04, Jan. 21, 2004; effective May 14, 2004.)