Prior to the abandonment of a well drilled through a workable coal bed the well operator shall notify, by certified mail, return receipt requested or by registered mail, the operator or owner of the coal bed and the department of the intention to plug and abandon the well. The notice shall give the number of the well and its location, and fix the time at which the work of plugging and filling will be commenced, the time not to be less than five (5) days after the day on which the notice is received, or in due course should be received, by the department. The department shall prescribe the form of notice to be used. A representative or representatives of the coal operator or owner and of the department may be present at the plugging and filling of the well. Whether or not such representatives appear, the well operator may proceed, at the time fixed, to plug and fill the well. When the plugging and filling have been completed, an affidavit setting forth the time and manner in which the well was plugged shall be made in triplicate by two (2) experienced men who participated in the work. The affidavit shall be made on forms furnished by the department. One (1) copy of the affidavit shall be retained by the well operator, one (1) mailed to each coal operator and each owner, and one (1) to the department.
History: Amended 1974 Ky. Acts ch. 315, sec. 78. — Recodified 1942 Ky. Acts ch.

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Terms Used In Kentucky Statutes 353.110

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Coal operator: means any person who proposes to or does operate a coal mine. See Kentucky Statutes 353.010
  • Department: means the Department for Natural Resources. See Kentucky Statutes 353.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
    (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • Well: means a borehole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or one through which natural gas or petroleum is being produced. See Kentucky Statutes 353.010
  • Well operator: means any person who proposes to or does locate, drill, operate, or abandon any well. See Kentucky Statutes 353.010

208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-12.