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Title 20 . Miscellaneous Boards and Commissions
Chapter 25 . Mental Health Trust Authority
Section 170. Onshore location clearance

20 AAC 25.170. Onshore location clearance

(a) At or after the time that a well drilled onshore is abandoned and before the earlier of one year after well abandonment or the expiration of the owner's rights in the property,

(1) the operator shall remove the wellhead equipment and casing to a depth at least three feet below original ground level and install a well abandonment marker in accordance with 20 AAC 25.120; and

(2) unless the operator demonstrates to the commission that the surface owner has authorized a different disposition to facilitate a genuine beneficial use, the operator shall

(A) remove all materials, supplies, structures, and installations from the location;

(B) remove all loose debris from the location;

(C) fill and grade all pits or close them in another manner approved by the commission as adequate to protect public health and safety; and

(D) leave the location in a clean and graded condition.

(b) If a well described in (a) of this section is located on state or federal land, and if the agency acting on behalf of the state or federal government as lessor approves a disposition different from that required under (a)(2) of this section, the commission will accept that disposition instead of requiring the operator to comply with (a)(2) of this section.

(c) The commission will modify the time period set out in (a) of this section as follows:

(1) if the Department of Natural Resources, as to a state lease, or the United States Department of the Interior, as to a federal lease approves a time period beyond one year after well abandonment for location clearance, the commission will set an identical time period for compliance with (a) of this section;

(2) the commission will grant an extension of time beyond one year after well abandonment, if the commission determines that the extension does not threaten public health or safety or the surface owner's interests, and that the operator does not seek an extension for purposes of delay; to seek an extension under this paragraph, the operator must submit an Application for Sundry Approvals (Form 10-403) stating

(A) a request for a specific extension not to exceed one year;

(B) the reason an extension is necessary;

(C) a description of location clearance progress; and

(D) the expiration date of the owner's rights to enter the location.

(d) After the work required under (a) of this section has been completed at a location, the commission will, in its discretion, conduct an on-site inspection to verify the location condition at the time of inspection, including the presence of a proper well marker if above ground, as required under 20 AAC 25.120, and will provide the operator a report of the inspection.

History: Eff. 4/13/80, Register 74; am 4/2/86, Register 97; am 11/7/99, Register 152

Authority: AS 31.05.030


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Last modified 7/05/2006