CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 7. OIL FIELD WASTES

All persons shall remove or cause to be removed from their premises or from within the city limits any noxious substance lying or being thereon, and which is deleterious to health.

(Code 1984, 7301)

The governing body deems it necessary for health and sanitation to regulate the disposition of oil field wastes and brines in order to protect from pollution all the fresh water strata lying in and under the city.

(Code 1984, 7-302)

It shall be unlawful for any person to dispose of any oilfield wastes and brines, including mineralized or otherwise modified waters or liquids, produced with petroleum or resulting from development or exploration for oil, gas, or other minerals, in surface pits, or by depositing such matter upon the surface in any manner which will permit any such waste matters to penetrate or reach the subsurface formations which may carry fresh water.

(Code 1984, 7-303)

All such oil field wastes and brines, including mineralized or otherwise modified waters or liquids, produced with petroleum or resulting from development or exploration for oil, gas or other minerals which are left upon the surface for the purpose of permitting any water  or  liquids therein contained to evaporate, shall be held and retained in pits, tanks or other reservoirs so constructed to be impermeable as to prevent any of such waste matters from penetrating into the subsurface formations carrying fresh water. 

(Code 1984, 7-304)

It shall be unlawful to deposit upon the surface any solidified deposits taken from such tanks or basins in any manner which would permit such solidified deposits to be absorbed or go in solution with rain water or other surface waters which might permit such solidified deposits being washed or carried into any surface stream, creek or other surface waters.

(Code 1984, 7-305)

It shall be unlawful for any person to dispose of any oilfield wastes and brines, including mineralized or otherwise modified waters or liquids produced with petroleum or resulting from development or exploration for oil, gas, or other minerals, in any subsurface formation within 2,000 feet of the surface. 

(Code 1984, 7-306)

It shall be unlawful for any person to dispose of any oil field wastes and brines, including mineralized or otherwise modified waters or liquids produced with petroleum or resulting from development or exploration for oil, gas, or other minerals, in violation of any of the provisions of the preceding sections of this article within five miles of the nearest corporate limits of the city, to the place where the above enumerated waste matters are deposited or disposed of.

(Code 1984, 7- 307)

The preceding sections 8-702:706 shall in no manner be construed as prohibiting the use of slush ponds in connection with actual drilling operations which are no nearer than one mile to the nearest corporate limits of the city. Provided, that the governing body may, upon application made to it, grant a permit for the use of slush ponds in actual drilling operations within the corporate limits and within one mile from the corporate limits, upon such terms and restrictions as it may deem advisable to protect subsurface fresh waters and surface waters from pollution. Provided further, that such slush ponds are so constructed with sufficient banks to prevent any liquids therein contained escaping from the slush pons, and that such slush ponds located within the corporate limits or within one mile of the corporate limits are so treated as to prevent any liquids seeping into the subsurface fresh waters in any quantity which would result in pollution or contamination thereof.

(Code 1984, 7-308)

The mayor of the city is hereby authorized to use such powers as may be vested in him or her by the laws of the State of Kansas to prevent the pollution of surface or subsurface fresh waters resulting from the violation of any of the terms or provisions of this article, and, is hereby authorized to bring such actions.as may be necessary on behalf of the city to enjoin and abate as a public nuisance the doing of any act prohibited by this article which might, in his or her opinion, result in pollution of surface or subsurface fresh water supply.

(Code 1 84, 7-309)

Any person violating any of the terms or provisions of this article, shall, upon conviction, be subject to a fine of $100 together with the costs of prosecution; that each day wherein any of the terms or provisions of this article are violated or in which any of the waste matters designated, referred to, or described in this article, are left upon the surface in violation of the provisions of this article, shall constitute and be a separate and distinct offense.

(Code 1984, 7-310)