353.060 Petition to object to location of well -- Notice -- Hearing -- Drilling permit

353.060 Petition to object to location of well -- Notice -- Hearing -- Drilling permit.

(1) If the drilling of a well on any tract underlaid with coal-bearing strata will endanger

the present or future use or operation of a workable coal bed, the owner or coal

operator affected may, within fifteen (15) days from the receipt of the plat by him

and by the department, file with the Energy and Environment Cabinet's Office of

Administrative Hearings a petition in accordance with KRS 353.700 and any

administrative regulations promulgated thereunder, listing the specific objections in

writing to the proposed location. The Energy and Environment Cabinet's Office of

Administrative Hearings shall provide notice of receipt of the petition to the well

operator and the department, and shall schedule a hearing, at which the objections

shall be considered.

(2) (a) At the hearing, the well operator and the coal operator or owner, in person or

by a representative, shall consider the objections and either agree upon the

location as proposed or change it so as to satisfy all objections and meet the

approval of the department.

(b) Any new location thus selected and agreed upon shall be indicated on a plat in

accordance with KRS 353.050 and thereupon the department shall issue to the

well operator a drilling permit approving the location and authorizing the well

operator to drill at the location.

(c) If the coal operator and well operator, or the owner and well operator, are

unable to agree, the hearing officer shall make a recommendation to the

secretary, in view of the purposes and intent of this chapter and in compliance

therewith, to fix a location on the tract as near the proposed location as

possible and upon final order of the secretary, the department shall issue to the

well operator a permit to drill at the new location.

(3) If no objections are filed within the fifteen (15) day period, the department shall

immediately issue to the well operator a drilling permit approving the location and

authorizing the well operator to proceed to drill there.