West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-13 - Water Protection, Testing and Redemption

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Before commencing to drill any CBM
				well, the CBM Well owner or operator shall make proper and adequate provision
				to prevent surface and underground water pollution as required by W.Va. Code
				§
									22-6-7
				and 38 CSR 11.
13.2. When drilling
				of a CBM Well penetrates a formation known to contain substantial amounts of
				salt water, drilling will continue to the next casing point by drilling with
				mud, foaming, or other satisfactory methods for the purpose of isolating the
				salt water in the formation or preventing the discharge of salt water per se
				into a fresh water horizon, or above the surface of the ground. In the case of
				foaming, it is recognized that a certain amount of salt water, mixed with the
				cuttings, will be discharged above the surface of the ground which will be
				contained in sump pits no larger than necessary for this purpose.
13.3. Water Testing Rights and Obligations.
13.3.1. Prior to drilling a CBM Well at the
				request of the owners of record of the surface tract as defined in W.Va. Code
				§
										22-6-9
				or an occupant of land within one thousand (1,000) feet of the proposed well,
				the CBM Well Operator shall sample and analyze, in accordance with this
				section, water from any wells or springs located within one thousand (1,000)
				feet of the proposed CBM Well that is actually used by such owner or occupant
				for human consumption, domestic animals, or other general use.
13.3.2. If, prior to drilling, no request is
				made of the CBM Well Operator pursuant to the previous subsection, the CBM Well
				Operator shall sample and analyze, in accordance with this section, water from
				any one known and existing well or spring within one thousand (1,000) feet of
				the proposed well. If more than one such well or spring exists, the CBM Well
				Operator shall select for sampling and analysis the one well or spring that, in
				the CBM Well Operator's judgment, has the highest potential for being
				influenced by the CBM Well Operator's well work.
13.3.3. If for any reason the CBM Well
				Operator is unable to sample and to analyze water from any such water wells or
				springs within one thousand (1,000) feet of the CBM Well Operator's proposed
				well, the Chief may require the operator to sample and to analyze in accordance
				with this section water from one existing well or spring located between one
				thousand (1,000) feet and two thousand (2,000) feet from the CBM Well Operators
				proposed well.
13.3.4. At a CBM
				Well Operator's discretion, any or all water wells or springs within one
				thousand (1,000) feet of CBM Well Operator's proposed well may be sampled and
				analyzed in accordance with this section.
13.3.5. Surface Owner Notice - The CBM Well
				Operator shall give notice to the owner of record of the surface tract as
				defined in W.Va. Code §
										22-6-9
				of the right of the user who is either an owner or occupant to request the CBM
				Well Operator to sample and analyze a well or spring in accordance with
				subsection 13.3.1 of this Section. The CBM Well Operator shall be deemed to
				have satisfied this requirement if notice is provided by the same methods used
				in conjunction with the permit application.
13.3.6. Additional Notice - The CBM Well
				Operator shall make a reasonable attempt to give additional notice of the right
				to request the operator to sample and analyze a well or spring in accordance
				with subsection 13.3.1 of this section. The CBM Well Operator will be deemed to
				have satisfied this requirement if notice is provided by any of the following
				methods.
a. By personal service or by posting
				of notice at the entrance to any dwellings located within one thousand (1,000)
				feet and at any other locations within one thousand (1,000) feet of the CBM
				Well Operator's proposed well where the use of such water wells and springs is
				conspicuous;
b. Mailing of notice
				to dwellings located within one thousand (1,000) feet of the CBM Well
				Operator's proposed well and posting at any other locations within one thousand
				(1,000) feet of the operator's proposed well where the use of such water wells
				and springs is apparent; or
c. By
				any other means reasonably calculated by the Chief to provide adequate notice
				to the occupant/user.
13.3.7. Form of Notice - The notice provided
				by the CBM Well Operator in accordance with this section shall be in a form
				approved by the Chief, which, at a minimum, shall contain a statement of such
				user's right to request such sampling and analysis, advise such users of the
				independent right to sample and analyze any water supply at the expense of the
				user, advise such users as to whether the operator will use an independent
				laboratory, or not, to analyze any sample, and to advise such users of the
				availability through the Chief of a list of laboratories.
13.3.8. Timing - The CBM Well Operator shall
				provide such notice prior to the time of the filing of any permit application
				with the Chief.
13.3.9. Methods of
				Sampling - The CBM Well Operator shall collect and analyze samples in
				accordance with methods approved by the Chief or set forth at 40 CFR Part
				136.
13.3.10. Parameters - The CBM
				Well Operator shall analyze samples for the following parameters:
13.3.10.1. pH,
13.3.10.2. iron,
13.3.10.3. total dissolved solids,
13.3.10.4. chloride,
13.3.10.5. detergents (MBAS), and
13.3.10.6. any other parameters as determined
				by the CBM Well Operator.
13.3.11. Laboratories - The laboratory used
				by the operator shall be approved by the Chief as being capable of performing
				sample analyses in accordance with this section.
13.3.12. Distribution of Results - The CBM
				Well Operator shall, no later than thirty (30) days after receipt of such
				sample analysis provide the results of such sample analysis in writing to the
				Chief, and any of the users who may have requested such analysis in accordance
				with this section.
13.3.13. After
				notice as required by this section, the CBM Well Operator (or any other
				contractor or laboratory directed by the CBM Well Operator to collect samples
				of water for analysis by this section) may enter onto land upon which a water
				well or spring is located to conduct sampling as authorized.
13.3.14. If any owner of the land or use of
				the water well or spring protests or acts to block the right of entry, then the
				right of entry may be enforced by a court with jurisdiction to enter an
				injunction regarding the land upon which the source or supply is located.
				However, if any person acts to block the right of entry provided herein, the
				CBM Well Operator is not required to enforce this right of entry and shall not
				be liable for any penalty or loss of rights, privileges or permits based on the
				failure to exercise the right of entry and obtain the water sample otherwise
				required by this section. To the extent that alandowners refusal to allow a CBM
				operator to enter land restricts the CBM operator from compliance with other
				sections of this rule, the CBM operator is relieved of liability for such
				non-compliance.