353.6602 Baseline water quality testing required prior to commencement of a high-
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/ky/353-6602A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
volume horizontal fracturing treatment on a deep horizontal well.
(1)At least twenty
(20)days prior to the commencement of a high-volume horizontal
fracturing treatment on a deep horizontal well, an operator shall conduct a baseline
water quality test of each down-gradient surface water impoundment or water
supply from a groundwater source that is used for domestic, agriculture, industrial,
or other legitimate use located within one thousand (1,000) feet of the surface
location of the proposed deep horizontal well. Between three
(3)and six
(6)months
following the completion of the deep horizontal well, a subsequent water quality
test shall be conducted of the water supply where a baseline sample was collected.
(2)The water quality tests shall be conducted by a laboratory certified by the cabinet
for drinking water quality sampling, and the test analysis shall be submitted to the
Division of Oil and Gas and to the water supply owner within thirty
(30)days of the
receipt of the analysis. Each set of samples collected under this section shall include
analysis for:
(a)pH;
(b)Total dissolved solids, dissolved methane, dissolved propane, dissolved
ethane, alkalinity, and specific conductance;
(c)Chloride, sulfate, arsenic, barium, calcium, chromium, iron, magnesium,
selenium, cadmium, lead, manganese, mercury, and silver;
(d)Surfactants;
(e)Benzene, toluene, ethyl benzene, and xylene; and
(f)Gross alpha and beta particles to determine the presence of any naturally
occurring radioactive materials.
(3)The Division of Oil and Gas shall develop a form for an operator to document a
water supply owner's permission to collect a water sample. An operator is exempt
from the requirements of this section if a water supply owner refuses to grant access
despite an operator's good faith efforts to obtain consent to acquire the necessary
water quality samples. An operator shall document the good faith efforts used to
seek consent from the water supply owner who refused access to conduct the water
quality sampling. The operator shall submit the documented good faith efforts to the
Division of Oil and Gas.