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WV Code § 22-6-37 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement|§22-6-37. Rules, Orders and Permits Remain in Effect

The rules promulgated and all orders and permits in effect upon the effective date of this article pursuant to the provisions of former article one, chapter twenty-two-b of this code shall remain in full force and effect as if such rules, orders and permits were adopted by the director established in this chapter but all such rules, orders and permits shall be subject to review by the director to ensure they are consistent with the purposes and policies set forth in this chapter.
WV Code § 22-6-38 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement|§22-6-38. Application of Article; Exclusions

This article shall not apply to or affect any well work permitted prior to the effective date of this article under former article one, chapter twenty-two-b of this code, unless such well is, after completion, whether such completion is prior to or subsequent to the effective date of this article, deepened subsequent to the effective date of this article through another coal seam to another formation above the top of the uppermost member of the "Onondaga Group" or to a depth of less than six thousand feet, whichever is shallower.
WV Code § 22-6-40 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement|§22-6-40. Appeal From Order of Issuance or Refusal of Permit to Drill or Fracture; Procedure

Any party to the proceeding under section fifteen of this article or section seven, article eight, chapter twenty-two-c of this code adversely affected by the issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
WV Code § 22-6-41 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement|§22-6-41. Appeal From Order of Issuance or Refusal of Permit for Drilling Location for Introduction of Liquids or Waste or From Conditions of Converting Procedure

Any party to the proceedings under section sixteen of this article adversely affected by the order of issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of section four were set forth in extenso in this section.The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
WV Code § 22-6A-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-1. Short Title

This article shall be known and cited as the Horizontal Well Act.
WV Code § 22-6A-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-2. Legislative Findings; Declaration of Public Policy

(a) The Legislature finds that:(1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas contained in underground shales and other geologic formations;(2) These practices have resulted in a new type and scale of natural gas development that utilize horizontal drilling techniques, allow the development of multiple wells from a single surface location, and may involve fracturing processes that use and produce large amounts of water;(3) In some instances these practices may require the construction of large impoundments or pits for the storage of water or wastewater;(4) Existing laws and regulations developed for conventional oil and gas operations do not adequately address these new technologies and practices;(5) The secretary should have broad authority to condition the issuance of well work permits when, in the secretary's discretion, it is necessary to protect the safety of persons, to prevent inadequate or ineffective erosion and sediment control plans, to prevent damage to publicly owned lands or resources, to protect fresh water sources or supplies or to otherwise protect the environment;(6) Concomitant with the broad powers to condition the issuance of well work permits, the secretary should also have broad authority to waive certain minimum requirements of this article when, in his or her discretion, such waiver is appropriate: Provided, That the secretary shall submit a written report of the number of waivers granted to the Legislature commencing January 1, 2013, and each year thereafter;(7) Practices involving reuse of water in the fracturing and stimulating of horizontal wells should be considered and encouraged by the department, as appropriate; and(8) Allowing the responsible development of our state's natural gas resources will enhance the economy of our state and the quality of life for our citizens while assuring the long term protection of the environment.(b) The Legislature declares that the establishment of a new regulatory scheme to address new and advanced natural gas development technologies and drilling practices is in the public interest and should be done in a manner that protects the environment and our economy for current and future generations.(c) The Legislature declares that in view of the urgent need for prompt decision of matters submitted to the secretary under this article, all actions which the secretary or oil and gas inspectors are required to take under this article shall be taken as rapidly as practicable, consistent with adequate consideration of the issues involved.
WV Code § 22-6A-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-3. Applicability; Exceptions

Notwithstanding any other provision of this code to the contrary, the provisions of this article shall apply to any natural gas well, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads, or utilizes more than two hundred ten thousand gallons of water in any thirty day period: Provided, That this article does not apply to or affect any well work permitted for a horizontal well or orders issued regarding horizontal wells or permit applications pending prior to the effective date of this article: Provided, however, That this article shall not apply to or affect any rights bargained for in any agreement between a surface owner and operator made prior to the effective date of this article.
WV Code § 22-6A-3a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-3a. Karst Terrain; Rulemaking

(a) Because drilling horizontal wells in naturally occurring karst terrain may require precautions not necessary in other parts of the state, the secretary may require additional safeguards to protect this geological formation. When drilling horizontal wells in naturally occurring karst terrain, such additional safeguards may include changing proposed well locations to avoid damage to water resources, special casing programs, and additional or special review of drilling procedures.(b) In order to carry out the purposes of this section, the secretary, in consultation with the state geologist, shall propose emergency and legislative rules in accordance with the provisions of chapter twenty-nine-a of this code to establish designated geographic regions of the state where the provisions of this section are applicable and to establish standards for drilling horizontal wells in naturally occurring karst terrain. For horizontal wells drilled into naturally occurring karst terrain in such designated geographic regions, the rules shall, at a minimum:(1) Require operators to perform certain predrilling testing to identify the location of caves and other voids, faults and relevant features in the strata and the location of surface features prevalent in naturally occurring karst terrain such as sink holes; and(2) Provide any other requirements deemed necessary by the secretary to protect the unique characteristics of naturally occurring karst terrain, which requirements may include baseline water testing within an established distance from a drilling site.(c) Nothing in this section allows the department to prevent drilling in naturally occurring karst terrain.
WV Code § 22-6A-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-6. Secretary of Department of Environmental Protection; Powers and Duties

(a) The secretary is vested with jurisdiction over all aspects of this article, including, but not limited to, the following powers and duties:(1) All powers and duties conferred upon the secretary pursuant to article six, chapter twenty-two of this code;(2) To control and exercise regulatory authority over all gas operations regulated by this article;(3) To utilize any oil and gas inspectors or other employees of the department in the enforcement of the provisions of this article;(4) To propose any necessary legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article;(5) To make investigations and inspections necessary to ensure compliance with the provisions of this article;(b) Except for the duties and obligations conferred by statute upon the shallow gas well review board pursuant to article eight, chapter twenty-two-c of this code, the coalbed methane review board pursuant to article twenty-one of this chapter, and the oil and gas conservation commission pursuant to article nine, chapter twenty-two-c of this code, the secretary has sole and exclusive authority to regulate the permitting, location, spacing, drilling, fracturing, stimulation, well completion activities, operation, any and all other drilling and production processes, plugging and reclamation of oil and gas wells and production operations within the state.(c) The secretary shall, on a monthly basis, make a written report to the Governor disclosing, for all well work permits issued in a particular month, the average number of days elapsed between the date on which a complete application for a well work permit was filed and the date on which such well work permit was issued. This report shall be posted to the website required to be established and maintained pursuant to section twenty-one of this article.
WV Code § 22-6A-7a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-7a. Modifications of Permits

A permit issued pursuant to this article may be modified to address changes to the permit if the secretary determines that the modification fully meets all applicable requirements and is consistent with the issuance of the original permit.The secretary may deny the application for a permit modification as outlined for new permits under this article. A request to modify a permit issued pursuant to this article shall be on forms prescribed by the secretary and accompanied by a fee of $2,500.
WV Code § 22-6A-10a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-10a. Method of Delivery of Notice

Notwithstanding any provision of this article to the contrary, all notices required by this article shall be delivered by the method set forth in subsection (b), section ten of this article, which notice shall provide that further information may be obtained from the department's website.
WV Code § 22-6A-11 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-11. Procedure for Filing Written Comments; Procedures for Considering Objections and Comments; Issues to Be Considered; and Newspaper Notice

(a) All persons described in subsection (b), section ten of this article may file written comments with the secretary as to the location or construction of the applicant's proposed well work within thirty days after the application is filed with the secretary.(b) The applicant shall tender proof of and certify to the secretary that the notice requirements of section ten of this article have been completed by the applicant. The certification of notice to the person may be made by affidavit of personal service, the return receipt card or other postal receipt for certified mailing.(c)(1) The secretary shall promptly review all written comments filed by the persons entitled to notice under subsection (b), section ten of this article. The secretary shall notify the applicant of the character of the written comments submitted no later than fifteen days after the close of the comment period.(2) Any objections of the affected coal operators and coal seam owners and lessees shall be addressed through the processes and procedures that exist under sections fifteen, seventeen and forty, article six of this chapter, as applicable and as incorporated into this article by section five of this article. The written comments filed by the parties entitled to notice under subdivisions (1), (2), (4), (5) and (6), subsection (b), section ten of this article shall be considered by the secretary in the permit issuance process, but the parties are not entitled to participate in the processes and proceedings that exist under sections fifteen, seventeen or forty, article six of this chapter, as applicable and as incorporated into this article by section five of this article.(3) The secretary shall retain all applications, plats and other documents filed with the secretary, any proposed revisions thereto, all notices given and proof of service thereof and all orders issued and all permits issued. Subject to the provisions of article one, chapter twenty-nine-b of this code, the record prepared by the secretary is open to inspection by the public.
WV Code § 22-6A-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-13. Plugging of Horizontal Wells

The secretary shall propose legislative rules for promulgation to govern the procedures for plugging horizontal wells, including rules relating to the methods of plugging the wells and the notices required to be provided in connection with plugging the wells.
WV Code § 22-6A-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-16. Compensation of Surface Owners for Drilling Operations

(a) The provisions of article seven of this chapter do not apply to horizontal wells governed by this article. In lieu thereof, the provisions of article six-b of this chapter shall provide for the compensation of surface owners for damage caused by drilling horizontal wells.(b) At least ten days prior to filing a permit application, an operator shall, by certified mail return receipt requested or hand delivery, give the surface owner notice of its intent to enter upon the surface owner's land for the purpose of drilling a horizontal well: Provided, That notice given pursuant to subsection (a), section ten of this article satisfies the requirements of this subsection as of the date the notice was provided to the surface owner: Provided, however, That the notice requirements of this subsection may be waived in writing by the surface owner. The notice, if required, shall include the name, address, telephone number, and if available, facsimile number and electronic mail address of the operator and the operator's authorized representative.(c) No later than the date for filing the permit application, an operator shall, by certified mail return receipt requested or hand delivery, give the surface owner whose land will be used for the drilling of a horizontal well notice of the planned operation. The notice required by this subsection shall include:(1) A copy of this code section;(2) The information required to be provided by subsection (b), section ten of this article to a surface owner whose land will be used in conjunction with the drilling of a horizontal well; and(3) A proposed surface use and compensation agreement containing an offer of compensation for damages to the surface affected by oil and gas operations to the extent the damages are compensable under article six-b of this chapter.(d) The notices required by this section shall be given to the surface owner at the address listed in the records of the sheriff at the time of notice.
WV Code § 22-6A-17 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-17. Reimbursement of Property Taxes of Encumbered Properties

In addition to any compensation owed by the operator to the surface owner pursuant to the provisions of article six-b of this chapter, the operator shall pay the surface owner a one-time payment of $2,500 to compensate for payment of real property taxes for surface lands and surrounding lands that are encumbered or disturbed by construction or operation of the horizontal well pad regardless of how many wells are drilled on a single pad or how many permits are issued for the pad.
WV Code § 22-6A-19 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-19. Offenses; Civil and Criminal Penalties

(a) Any person or persons, firm, partnership, partnership association or corporation who willfully violates any provision of this article or any rule or order promulgated under this article or any permit issued pursuant to this article is subject to a civil penalty not exceeding $5,000. Each day a violation continues after notice by the department constitutes a separate offense. The penalty shall be recovered by a civil action brought by the department, in the name of the state, before the circuit court of the county in which the subject well or facility is located. All the civil penalties collected shall be credited to the General Fund of the state.(b) Notwithstanding the provisions of subsection (a)and (c) of this section, any person or persons, firm, partnership, partnership association or corporation who willfully disposes of waste fluids, drill cuttings or any other liquid substance generated in the development of a horizontal well in violation of this article or any rule or order promulgated under this article or in violation of any other state or federal statutes, rules or regulations, and which disposal was found to have had a significant adverse environmental impact on surface or groundwater by the secretary, is subject to a civil penalty not exceeding $100,000. The penalty shall be recovered by a civil action brought by the department, in the name of the state, before the circuit court of the county in which the subject well or facility is located. All the civil penalties collected shall be credited to the General Fund of the state.(c) Notwithstanding the provisions of subsections (a) and (b) of this section, any person or persons, firm, partnership, partnership association or corporation willfully violating any of the provisions of this article which prescribe the manner of drilling and casing or plugging and filling any well or which prescribe the methods of conserving gas from waste, shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding five thousand dollars, or imprisonment in jail not exceeding twelve months, or both, in the discretion of the court, and prosecution under this section may be brought in the name of the State of West Virginia in the court exercising criminal jurisdiction in the county in which the violation of such provisions of the article or terms of such order was committed, and at the instance and upon the relation of any citizens of this state.(d) Any person who intentionally misrepresents any material fact in an application, record, report, plan or other document filed or required to be maintained under the provisions of this article or any rules promulgated by the secretary under this article shall be fined not less than $1,000 nor more than $10,000.
WV Code § 22-6A-20 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-20. Division of Highways Certification

As part of the permit application for horizontal wells, the operator shall submit a letter of certification from the Division of Highways that the operator has, pursuant to the Division of Highways Oil and Gas Road Policy, entered into an agreement with the Division of Highways pertaining to the state local service roads associated with the proposed well work set forth in the permit application or has certified that no such agreement is required by the Oil and Gas Road Policy and the reasons therefor.
WV Code § 22-6A-21 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-21. Establishment of Public Website Information and Electronic Notification Registry Regarding Horizontal Well Permit Applications

(a) No later than ninety days after the effective date of this article, the secretary shall establish resources on the department's public website which will list searchable information related to all horizontal well applications filed in this state, including information sufficient to identify the county and approximate location of each horizontal well for which a permit application is filed, the referenced well application number, date of application, name of the applicant, and any written comments submitted by the public.(b) The secretary shall also establish a registration and e-notification process by which individuals, corporations and agencies may register to receive electronic notice of horizontal well applications filings and notices, by county of interest. Once established, individuals, agencies and corporations interested who are properly registered to receive e-notices of filings and actions on horizontal well permits shall receive electronic notifications of applications and notices of permits issued for horizontal drilling in their designated county or counties of interest.
WV Code § 22-6A-22 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-22. Air Quality Study and Rulemaking

The secretary shall, by July 1, 2013, report to the Legislature on the need, if any, for further regulation of air pollution occurring from well sites, including the possible health impacts, the need for air quality inspections during drilling, the need for inspections of compressors, pits and impoundments, and any other potential air quality impacts that could be generated from this type of drilling activity that could harm human health or the environment. If he or she finds that specialized permit conditions are necessary, the secretary shall promulgate legislative rules establishing these new requirements.