reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule sets out guidelines and procedures for providing matching assistance
				grants to counties and municipalities for the initiation and administration of
				litter control programs.
1.2.
				Authority. - W. Va. Code §
									22-15A-3(f).
1.3. Filing Date. -- April 17,
				2017.
1.4. Effective Date. -- June
				1, 2017.
1.5. Former Rules. - This
				legislative rule replaces 58CSR6, "Awarding of Matching Grants for Local Litter
				Control Programs", to reflect that responsibility for this program transferred
				from the Division of Natural Resources to the Department of Environmental
				Protection through W. Va. Code §
									22-15-3.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context dictates otherwise, the following words
				  and their meanings as used in this rule are defined below.
2.1. "Applicant" means the local government
				applying for a grant.
2.2.
				"Application" means the written request submitted to the Secretary by the
				applicant on forms provided by the Secretary.
2.3. "Cooperative Program" means a program
				involving two or more local governments and coordinated by one of the
				participating local governments.
2.4. "Coordinator" means the individual who
				is responsible for coordinating the implementation and administration of a
				cooperative program.
2.5.
				"Department" means the West Virginia Department of Environmental
				Protection.
2.6. "Grant" means
				matching grant funds allocated to an approved program applicant by the
				Department_pursuant to W. Va. Code §
									22-15A-3(f).
2.7. "Grantee" means the entity to whom a
				grant has been awarded.
2.8. "Grant
				Period" means July 1 of one calendar year through June 30 of the subsequent
				calendar year.
2.9. "In-kind
				Services" means any personnel, equipment, supplies or other items for a local
				litter control program supplied or obtained by the applicant with funds or by
				methods other than the use of any other grant moneys.
2.10. "Litter" means all waste material
				including, but not limited to, any garbage, refuse, trash, disposable package,
				container, can, bottle, paper, covered electronic devices, ashes, cigarette or
				cigar butt, carcass of any dead animal or any part thereof, or any other
				offensive or unsightly matter, but not including the wastes of primary
				processes of mining, logging, sawmilling, farming, or manufacturing.
2.11. "Litter Control Fund" means the fund
				created pursuant to W. Va. Code §
									22-15A-4(c).
2.12. "Local Government" means any unit of
				local government within the State, including a county, county board of
				education, municipality, and any other authority, board, commission, district,
				office, public authority, public corporation or other instrumentality of a
				county, county board of education or municipality or any combination of two or
				more local governments.
2.13.
				"Local Litter Control Program" means a program sponsored by a local government
				for the purposes stated in its application.
2.14. "Recycle" means the process by which
				recovered products are transformed into new products and includes the
				collection, separation, recovery, processing, and marketing or reuse of that
				new product.
2.15. "Resolution"
				means a resolution adopted by a local government that authorizes the creation
				of a local litter control program.
2.16. "Secretary" means the Secretary of the
				Department of Environmental Protection or his or her
				designee.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Grants may be
				used by eligible local governments, singly or in cooperative groups, in a local
				litter control program.
3.2. The
				Secretary shall award grants for a period not to exceed one year. Subsequent
				grants may be obtained by a grantee through submission of a revised application
				to the Department, so long as all objectives of the current grant have been
				completed to the satisfaction of the Secretary.
3.3. The Secretary shall award grants on a
				one-to-one matching basis. For each dollar budgeted by an applicant for a local
				litter control program, the Department shall award up to one dollar ($1.00) in
				matching grant funds upon approval of the application. The Department reserves
				the right to limit the amount of a grant in accordance with the amount of money
				in the Litter Control Fund available for distribution as matching
				grants.
3.4. Grant awards are
				limited to a maximum amount of five thousand dollars ($5,000).
3.5. Applications must be postmarked no later
				than May 31 for consideration in the next grant period.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-4 - In-kind Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Department shall give credit for in-kind services when determining the amount
				of local government funding to be matched by a grant.
4.2. The Department shall value volunteer
				services at the minimum hourly wage unless the applicant can demonstrate that
				the services would normally be valued above that wage in the area served by the
				applicant's program.
4.3. The
				Department shall value donated equipment at its fair market value prorated over
				the life of the grant.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-5 - Authorized Uses Of Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				A grantee may use a grant for the initiation, continuation or expansion of a
				local litter control program.
5.2.
				Authorized uses of grant funds in an approved local litter control program may
				include the following:
5.2.a. Enforcement of
				anti-litter statutes;
5.2.b.
				Expenses incurred in traveling to Department-sponsored or approved workshops,
				conferences or other meetings;
5.2.c. Implementation and administration of
				the approved litter control program;
5.2.d. Implementation of local litter cleanup
				campaigns;
5.2.e. Public
				informational and educational programs, such as those which increase public
				awareness or solicit public support in promoting citizen responsibility toward
				reducing litter;
5.2.f. Purchase of
				equipment which will specifically serve to fulfill litter control program
				objectives;
5.2.g. Research or
				development of local solid waste recycling programs;
5.2.h. Surveys and evaluation studies made
				for the purpose of identifying and prioritizing local littering
				problems;
5.2.i. Costs associated
				with razing abandoned buildings or other structures which are unsightly or
				offensive and promote possible health hazards; and
5.2.j. Other relevant items upon the approval
				of the Secretary.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-6 - Unauthorized Uses of Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Grants shall not be used in any way to
				replace local funds currently budgeted or being used to maintain and operate a
				local litter control program during the grant period.
6.2. Grants shall not be used for
				expenditures not related to litter prevention, elimination or
				control.
6.3. Grants shall not be
				used_for the following:
6.3.a. To fund
				beautification projects such as landscaping (tree or shrub purchases) or the
				removal of roadside vegetation;
6.3.b. To purchase lawn, tree or shrub
				maintenance equipment;
6.3.c. To
				purchase equipment routinely used to collect or transport solid
				waste;
6.3.d. To fund landfill
				operations or management;
6.3.e. To
				buy office furniture or equipment or to decorate or renovate an office;
				or
6.3.f. To pay for professional
				consultation or production in the development of litter control films, slide
				shows or similar programs.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-7 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				grantee shall submit a final performance and accounting report for approval on
				or before July 31 of the year the grant ends. The report shall include the
				following:
7.1.a. An evaluation of
				accomplishments in implementing the original proposal's work tasks;
7.1.b. An accounting of in-kind services
				provided;
7.1.c. An accounting of
				grant funds expended;
7.1.d.
				Evidence supporting in-kind services and grant expenditures; and
7.1.e. An analysis of and evidence
				supporting_the amount of litter collected or material recycled during the
				period.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-8 - Grant Withdrawal and Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Department reserves the right to withdraw a grant upon determination of the
				grantee's_unsatisfactory compliance with either this rule or the specifications
				in the application.
8.2. The
				Department may cancel a grant in the event a grantee fails to commence litter
				control_program activities within 90 days after receiving a notice of award
				from the Department.
8.3. A
				grantee_is responsible for the reimbursement_to the Department_the total sum of
				a grant not properly used or accounted for pursuant to this rule. The total sum
				constitutes a debt owed by the applicant or its successors or assignees by
				appropriate legal action. At its option, the Department may proceed against any
				local government participating in a cooperative program for the total sum owed
				by the applicant or its successors or assignees, or may hold each local
				government participating in a cooperative program individually liable to the
				State of West Virginia for its pro rata share of the total liability.
8.4. The Department_reserves the right to
				conduct an on-site inspection or audit of a grantee's litter control_program
				records during or after the grant period for a period of three years.
8.5. Applicants and grantees shall be in
				compliance with all federal, State, and local laws, codes, ordinances, rules,
				and regulations in order to be eligible for a grant. The Department reserves
				the right to deny applications or withhold funding from grantees failing to
				comply with this subsection.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-41 - Awarding of Matching Grants for Local Litter Control Programs › Section 33-41-9 - Unexpended Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				unexpended funds remaining at the end of the grant period shall be returned to
				the Department.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes requirements relating to discharge notification and response, waste load allocations, small wastewater treatment plants, permit application filing fee, and outlet markers, and spill prevention, for facilities operated in connection with the exploration, development, production, storage and recovery of oil and gas, and related mineral resources in this state.
1.2. Authority. -- W. Va. Code ''22-1-3, 22-1-10, 22-1-11, 22-6-2, 22-6-7, and 22-11-1 through 27.
1.3. Filing Date. -- April 8, 1991.
1.4. Effective Date. -- June 1, 1991.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different meaning, the definitions set forth in W. Va. Code ''22-11-3, 22-6-1 and 22-1-2 shall apply to this rule in addition to the definitions set forth in Series 4 of the office's rules.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-3 - Discharge Notification and Response

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The owner or operator or person in charge of a facility subject to this rule from which a reportable discharge as described in subsection 3.3 occurs shall notify the Office of Oil and Gas by calling 1-800-642-3074 immediately; but in no case, later than twenty-four (24) hours after becoming aware of the discharge.
3.2. The person who notifies the office pursuant to subsection 3.1 shall report the type of substance and the estimated quantity discharged, if known; the location of the discharge; actions the person reporting the discharge proposed to take to contain, clean--up and remove the substance, if any, and any other information concerning the discharge which the office may request at the time of notification. A written verification of such notification shall be submitted upon request of the office.
3.3. The following discharges from a facility subject to this rules are "reportable discharges" within the meaning of this section:
3.3.a. Any discharge which would be reportable pursuant to section 311(b) of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977,  33 U.S.C. 1321, and the regulations promulgated thereunder;
3.3.b. Any upset or bypass causing effluent limitations established under the general permit to be exceeded; or
3.3.c. Any pit failure which results in a discharge to any surface water of the state.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-4 - Waste Load Allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Sewage Discharges - Waste load allocations for sewage dischargers are to be issued by the Chief to potential applicants for a Water Pollution Control Permit (W. Va. Code '22-6-7) to assist with planning of wastewater treatment works which will meet effluent limitations guidelines and not violate state water quality standards for the receiving waters. Applications for the waste load allocations shall be made for any facilities which will produce or result in a discharge of sewage to the state's surface waters. Waste load allocations are not intended to be, and shall not be interpreted to be, an advance approval of wastewater treatment facilities which may be proposed nor is it an assurance that a Water Pollution Control Permit will be issued. It is emphasized that waste load allocations are issued on major effluent criteria only for planning purposes.
4.1.a. Application forms may be prescribed by the chief requiring submission of necessary information and data by the applicant to enable the Office of Oil and Gas to make a waste load allocation determination. Such determination shall be valid for a period of time specified by the chief. Reapplication for a new waste load allocation will be required upon expiration of the preceding waste load allocation unless application for a Water Pollution Control Permit has been filed.
4.1.b. Waste load allocations shall prescribe the concentration and quality of significant wastewater substances and physical, chemical, or biological conditions of the proposed discharge. The waste load limitations shall represent thirty (30) day and seven (7) day average values for biochemical oxygen demand, solids, nitrogen, and other criteria defining the load except for pH and dissolved oxygen which are instantaneous limits, if it is deemed necessary to assure protection of water uses immediately downstream from the point of discharge to the receiving waters.
4.1.c. Waste load allocations are not required prior to an application to dispose of treated domestic sewage effluent by land treatment and disposal methods. Applications for a Water Pollution Control Permit for such purpose will be reviewed on a case-by-case basis. Such systems may require a Water Pollution Control Permit from the Chief, Office of Oil and Gas, Division of Environmental Protection.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-5 - Small Wastewater Treatment Plants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The requirements of this section apply to sewage treatment plants of forty thousand (40,000) gallons per day capacity or less at facilities subject to this rule.
5.2. Operational reliability for such plants shall be provided in order that pollutants are not discharged during periods of power failure.
5.3. The wastewater treatment structure shall be protected against physical damage of the twenty-five (25) year flood level and operability be maintained during the ten (10) year flood level.
5.4. No construction, installation, modification or operation of a wastewater disposal system (treatment plant sewers, life stations, and appurtenances) shall be performed until a Waste Pollution Control Permit has been issued for such facilities.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-6 - Outlet Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In accordance with W. Va. Code '22-6-7 and 22-11 each holder of a Water Pollution Control Permit for a facility subject to this rule shall post a permanent marker at the establishment under permit in accordance with the following unless an alternative marker requirement is established by permit:
6.1.a. A marker shall be ported on the stream bank at each surface water outlet covered by the permit.
6.1.b. The marker shall consist of the name of the establishment to which the permit was issued, the permit number, and the outlet number.
6.1.c. The marker shall be a minimum of two (2) feet by two (2) feet and shall be a minimum of three (3) feet above ground level.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-7 - Spill Prevention - Production Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At each production facility, which includes all wells, flowlines, separation equipment, storage facilities, injection facilities, and auxiliary non-transportation-related equipment and facilities, all operators shall have appropriate containment and/or diversionary structures or equipment to prevent discharged oil or other pollutants from reaching the waters of the state. One of the following preventative systems or its equivalent shall be used as a minimum, unless an appropriate water pollution control permit provides for another method of spill prevention:
7.1.a. Dikes, berms, or retaining wall sufficiently impervious to contain spilled oil or other pollutants;
7.1.b. Curbing;
7.1.c. Culverting, gutters or other drainage system;
7.1.d. Weirs, booms or other barriers;
7.1.e. Spill diversion ponds;
7.1.f. Retention ponds; or
7.1.g. Sorbent materials.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-8 - Spill Prevention - Workover Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Mobile drilling or workover equipment should be positioned or located so as to prevent spilled oil or other pollutants from reaching waters of the state.
8.2. Depending on the location, catchment basins or diversion structures may be necessary to intercept and contain spills of fuel, crude oil, or oily drilling fluids.
8.3. Before drilling below any casing string or during workover operations, a blowout prevention (BOP) assembly and well control system shall be installed that is capable of controlling any well head pressure that is expected to be encountered while that BOP assembly is on the well.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-01 - Miscellaneous Water Pollution Control Rules › Section 35-1-9 - Submittal of Spill Prevention Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Notwithstanding compliance with any office rule or permit, whenever a facility has: Discharged more than 1000 U.S. gallons into the waters of the state in a reportable discharge or discharged oil or other pollutants into the waters of the state in two reported discharges within any twelve month period, the owner or operator of such facility shall submit to the chief the following:
9.1.a. Name of the facility;
9.1.b. Name(s) of the owner or operator of the facility;
9.1.c. Location of the facility;
9.1.d. Date and year of initial facility operation;
9.1.e. Maximum storage or handling capacity of the facility and normal daily throughput;
9.1.f. Description of the facility, including maps, flow diagrams, and topographic maps;
9.1.g. The complete copy of the SPCC Plan with any amendments as required under 40 C.F.R. '112, or Best Management Plan (BMP) as required under any permit;
9.1.h. The cause(s) of such spill, including a failure analysis of system or sub-system in which the failure occurred;
9.1.i. The corrective actions and/or countermeasures taken, including an adequate description of equipment repairs and/or replacements;
9.1.j. Additional preventive measures taken or contemplated to minimize the possibility of recurrence; and
9.1.k. Such other information as the chief may reasonably require pertinent to the Plan or spill event.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-02 - Oil And Gas Operations - Solid Waste Rule › Section 35-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule provides a solid waste permit by rule for certain solid waste facilities and provides for the issuance of other solid waste permits pertaining to the exploration, development, production, storage and recovery of oil and gas and related mineral resources in this state.
1.2. Authority . -- W. Va. Code ''22-1-3, 22-1-10, 22-1-11, 22-6-3, and 22-15-1 through 8.
1.3. Filing Date. -- June 12, 1987.
1.4. Effective Date. -- June 12, 1987.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-02 - Oil And Gas Operations - Solid Waste Rule › Section 35-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different meaning, the definitions set forth in W. Va. Code '22-15-2 and in section 2 of 33CSR1, "Solid Waste Management Rule," shall apply to this rule, except that for the purposes of this rule, "Chief" shall mean the Chief of the Office of Oil and Gas of the Division of Environmental Protection.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-02 - Oil And Gas Operations - Solid Waste Rule › Section 35-2-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
A permit shall be obtained from the Division of Environmental Protection, Office of Oil and Gas, prior to the installation, establishment, construction, modification, operation or abandonment of any solid waste facility that is within the scope of subsection 1.1 of this rule. Such a permit shall satisfy the requirements of W. Va. Code '22-15-1 through 8 and contain such reasonable terms and conditions as may be prescribed by the Chief of the Division of Environmental Protection, Office of Oil and Gas.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-02 - Oil And Gas Operations - Solid Waste Rule › Section 35-2-4 - Permit by Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
A solid waste facility shall be deemed to have a solid waste permit for that facility, if that facility complies with the regulatory and permitting requirements set forth in Series 4 of the rules of the Division of Environmental Protection, Office of Oil and Gas. Nothing in this section shall relieve an owner or operator of such a well of any obligation to apply for and receive appropriate authorizations from other agencies for such a facility, if the facility received waste from sources other than those associated with the exploration, development, production, storage and recovery of oil and gas and related mineral resources in this state.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule shall govern and apply to proceedings under W. Va. Code §
									22-21-1 et. seq., governing coalbed methane wells. Certain portions of this series shall apply to W. Va. Code §
									22-10-1 et. seq., related to abandoned wells, W. Va. Code §
									22-12-1 et. seq., related to groundwater protection, and W. Va. Code §
									22-6-1 et. seq., related to oil and gas wells and other wells.
1.2. Authority. -- W. Va. Code §§
									22-21-3 and 4.
1.3. Filing Date. -- April 28, 2006.
1.4. Effective Date. -- April 28, 2006.
1.5. Forms. -- An index of current forms and copies of any forms currently used under or required by this rule may be obtained from the chief. The Office of Oil and Gas may prospectively amend any form at any time without notice to accord more fully with the requirements of W. Va. Code §22-21 and this rule.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §
									22-21-2 shall apply to this rule in addition to those definitions set forth below.
2.1. "W.Va. Code" shall mean the West Virginia Code of 1931, as amended.
2.2. "Day" shall mean a period of twenty-four (24) consecutive hours.
2.3. "Designated agent" shall mean a resident of the State of West Virginia designated by an operator as the agent or attorney in fact of the operator upon whom process, notices, orders, or other communications issued pursuant to W. Va. Code §22-21 may be served.
2.4. "Log" or "Well log" shall mean a systematic, detailed geological record of all formations, including coal, fresh water, and salt water encountered in the drilling of a well.
2.5. "Surface owner of record", and the term "owner of record of the surface" as used in W. Va. Code §
									22-21-9, shall mean any person who is an owner of record of surface land or an undivided interest therein, whether or not the surface ownership is severed from the mineral ownership.
2.6. "Operator" or "gas operator" for notice purposes shall mean any person having the right to operate or who does operate an oil or gas well and is interchangeable with the terms "operator" or "well operator" as defined in W. Va. Code §
									22-6-1. "Operator" or "gas operator" for the purpose of determining responsibility with the plugging of a coalbed methane well shall be any person having the right to operate the coalbed methane well, which may include all royalty interest owners, plus the owners of any business operating the well.
2.7. "Casing" shall have the meaning set forth in W. Va. Code §
									22-6-1.
2.8. "Cement" shall have the meaning set forth in W. Va. Code §
									22-6-1.
2.9. "CBM Well Operator" shall mean a coalbed methane well operator as defined in W. Va. Code §
									22-21-2(f).
2.10. "CBM Well" shall mean a coalbed methane well as defined in W. Va. Code §
									22-21-2(e).
2.11. "Expanding Cement" shall have the meaning set forth in W. Va. Code §
									22-6-1.
2.12. "Plat" shall have the meaning set forth in W. Va. Code §
									22-6-1.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-3 - Inspectors, Inspection Forms, Violations, Abatement

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Violations, Findings and Orders. - Findings and orders of oil and gas inspectors concerning violations discovered during an inspection shall be recorded on the appropriate form listed in subsection 3.2. Such finding and orders shall not be construed to limit the office's power to initiate any other lawful proceedings concerning violations of W. Va. Code §22-21 et seq., or this rule.
3.2. Inspectors' Report Forms. - The report forms to be used by inspectors pursuant to W. Va. Code §22-21 will be those forms set forth in 35 CSR, section 3.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-4 - Permit Required for Coalbed Methane Well; Permit Fee; Soil Erosion Control Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for Permit; Issuance, Conditions, and Modifications.
4.1.a. An application for any well work permit required for a CBM Well, except permits to plug a well, shall be made on Form WW-5B, "Application for Coalbed Methane Well Work Permit," and shall be accompanied by:
4.1.a.1. A "Notice of Application for a CBM Well Work Permit" in the form prescribed by W. Va. Code §
											22-21-9;
4.1.a.2. A plat in the form prescribed by § 22-21-6(5)  and W. Va. Code §22-6, and further described in section 9 of this rule;
4.1.a.3. A Performance Bond, Corporate Security, or other security in one of the forms prescribed by W. Va. Code §
											22-6-26, or in lieu thereof cash or collateral security allowed by W. Va. Code §
											22-21-8;
4.1.a.4. Form WW-9, "Construction and Reclamation Plan," applicable to the plan required by W. Va. Code §
											22-21-6(d) and a plan for performing the reclamation required by section 14 of this rule;
4.1.a.5. With any initial application to drill a Coalbed Methane well the fees required by W. Va. Code §
											22-21-6(c)(2) (application fee of two hundred fifty dollars), W. Va. Code §
											22-6-29, (special reclamation fee of one hundred dollars) and any fees associated with any environmental permits required under Chapter 22;
4.1.a.6. If applicable, the consent required by W. Va. Code §
											22-6-21;
4.1.a.7. If stimulation of the well is proposed, the consent required by W. Va. Code §
											22-21-7 or in lieu thereof the request for hearing prescribed by W. Va. Code §
											22-21-7(b);
4.1.a.8. Copies of statements of no objection from persons entitled for notice pursuant to W. Va. Code §
											22-21-7;
4.1.a.9. A statement describing whether any users under subdivision 13.3.e were identified and the manner in which any such users were provided with notice as required under subdivision 13.3.f; and
4.1.a.10. If applicable, the consent required by W. Va. Code §
											22-21-20.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-6 - Notice of Plugging and Reclamation of a CBM Well; Right to Take Well; Objection; Plugging Order; Plugging for Mine Through

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Notice of Intention to Plug and Abandon a CBM Well.
6.1.a. Prior to filing an application for a permit to plug a coalbed methane well under W. Va. Code §
										22-21-22, the applicant shall deliver by personal service or by certified mail, return receipt requested, copies of the application, well plat and erosion and sediment control plan to the following:
6.1.a.1. The "chief" as defined in W. Va. Code §
											22-21-2(i);
6.1.a.2. The owners of record of the surface of the tract on which the CBM well is located; and
6.1.a.3. The name and address of each coal operator and each coal owner and coal lessee of record, or providing a record declaration of notice pursuant to section thirty-six, article six of this chapter, of any coal seam which is (i) penetrated by the well; (ii) within seven hundred fifty horizontal feet of any portion of the well bore; or (iii) within one hundred vertical feet of the completed coal seams of the well, except that in the case of an application to plug a well which was converted from a ventilation hole, the name and address only of such owner or operator of the seams penetrated by the well shall be necessary.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-7 - Work Order: Manner and Method of Plugging a CBM Well

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. An applicant for a permit to plug a well shall set forth a detailed statement of the manner in which the work of plugging and filling such well is to be performed, including:
7.1.a Location (by depth);
7.1.b. Kind and length of plugs to be used and the method chosen to insure that no gap exists between the bottom of the coal protection string of casing and the expanding cement plug thereunder;
7.1.c. Plans for mudding, cementing, and filling;
7.1.d. Plans for altering or removing casing if required; and
7.1.e. All other pertinent information regarding said plugging and filling, all of which shall be in compliance with W. Va. Code §
										22-21-23. The information shall be submitted on Form WW-6B "Application to Plug and Abandon a CBM Well".
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-8 - Plugging of Coalbed Methane Wells When a Workable Coal Seam is Encountered

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All coalbed methane and gob wells shall be plugged upon abandonment and shall be plugged in accordance with a plan filed and approved by the chief. The approved method of plugging shall require the plugging of the well will be sufficient to allow the well to be mined through safely.
8.2. Method of Plugging.
8.2.a. Materials Used in Plugging. Any non-porous materials including gels and cements to be used in plugging must be specified in the work order portion of Form WW-6B. All cement, except where expanding cement is used in conjunction with plugging, shall be American Petroleum Institute Class A Ordinary Portland Cement with no greater than 3% calcium chloride and no other additives. All non-porous materials used in conjunction with plugging shall be at least six percent (6%) bentonite gel.
If the operator furnishes satisfactory proof that different cement or non-porous material types are adequate, the chief may approve use of such different cement or non-porous materials. Materials and cements must be of a kind and quality accepted by the oil and gas industry and approved by the chief as suitable for the intended purpose and which otherwise comply with all provisions of law and accepted standards. The chief may approve the use of non-standard material or cement.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-11 - Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All CBM well Operators, owners, drillers or contractors shall use reasonable efforts to prevent waste of coalbed methane as defined in W. Va. Code §
									22-21-2(q).
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-12 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Well Records. - Each CBM Well Operator or his contractor shall comply with all the applicable requirements of 35CSR4, subsections 12.1 and 12.2, related to records required to be kept or submitted to the chief.
12.2. Annual Reports of Production. - Each CBM Well Operator shall submit to the chief the annual report of production as required by 35CSR4, section 15.
12.3. Within 30 days after the completion of stimulation of a CBM Well, the CBM Well Operator shall certify on Form WW-30, "Affidavit of Stimulation of CBM Well," the details of the actual stimulation performed, copies of which shall be submitted to the chief and to the coal owners or operators entitled to notice pursuant to W. Va. Code §
									22-21-14(c).
12.4. Accident Reports. - If any explosion or other accident causing loss of life or serious personal injury occurs in or about a well or during the drilling, completing or plugging of a well, the CBM Well Operator or his contractor shall give notice, by the most expedient means practical, of the particulars of the explosion or accident to the district oil and gas inspector or the chief.
12.5. Annual Inspection. - The operator shall conduct an inspection at the surface of each unplugged well at which drilling has been completed more than five (5) years. Such an inspection shall be conducted no less frequently than once each calendar year in a method approved by the chief. Certification of the performance of such inspection, in a form approved by the chief, shall be filed with the Office of Oil and Gas in conjunction with the operator's annual report as required under subsection 12.2 of this rule. Should the operator detect evidence of any significant leakage or other indications of casing integrity failure, the operator shall give notice to the Office of Oil and Gas and take such measures as may be appropriate to eliminate or mitigate the leakage.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-03 - Coalbed Methane Wells Rule › Section 35-3-15 - Requirements for Production and Gathering Pipelines

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after June 9, 1983, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.
15.2. The chief reserves the right to direct the burial of any line installed under this regulation to protect the public safety, by order issued after notice and hearing under the office's rules.
15.3. Subject to the reservation in subsection 15.2 of this section, of production and gathering lines subject to this rule shall conform with the following:
15.3.a. Lines shall be buried where practical and reasonable; and practical and reasonable shall be construed to mean lines should be buried in the following situations:
15.3.a.1. Where the line crosses agricultural land as defined in W. Va. Code §
											19-19-2;
15.3.a.2. Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;
15.3.a.3. Where the line cannot more practically and reasonably be securely suspended to cross stream beds;
15.3.a.4. Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road; and
15.3.a.5. Where the chief decides prior to installation that burial would be practical and reasonable.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-04 - Oil And Gas Wells And Other Wells › Section 35-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule shall govern and apply to proceedings under W. Va. Code §
									22-6-1, et seq., related to oil and gas wells and other wells. Certain portions of this series shall govern and apply to W. Va. Code §
									22-12-1, et seq. related to groundwater protection and to W. Va. Code §
									22-10-1, et seq. related to abandoned wells.
1.2. Authority. -- W. Va. Code §§
									22-1-3 and 22-6-2.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- April 15, 2010.
1.5. Forms. -- An index of all current forms and copies of any forms currently used under or required by this rule may be obtained from the Chief. The Office of Oil and Gas reserves the right to amend any forms prospectively to accord more fully with W. Va. Code §22 and this rule.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-04 - Oil And Gas Wells And Other Wells › Section 35-4-3 - Inspectors Forms, Forms, Departmental Records

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notice and Application Forms -- Forms WW-2(A), WW-2(B), WW-3(A), WW-3(B), WW-4(A), WW-4(B) shall accord the interested parties essentially the same notice, rights and statements of those rights and be in substantially the same form as the versions of those forms issued at the same time as this rule.
3.2. Report Forms -- The report forms to be used by oil and gas inspectors or the supervising inspector upon inspection pursuant to W. Va. Code §22 are as follows:
3.2.a. Form VI-26, "Inspector's Well Report" for permitted well work (obverse) except plugging and abandonment (reverse);
3.2.b. Form VI-27, "Notice of Violation;"
3.2.c. Form VI-28, "Imminent Danger Order;"
3.2.d. Form VI-29, "Notice Extending Abatement Time;"
3.2.e. Form VI-30, "Order for Failure to Abate Violation;" and
3.2.f. Form VI-31, "Notice of Abatement."
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-04 - Oil And Gas Wells And Other Wells › Section 35-4-4 - Inspectors Findings of Violation, Abatement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Violations, Findings and Orders -- Findings and orders of oil and gas inspectors concerning violations discovered during an inspection shall be recorded on the appropriate form listed in subsection 3.2. Such finding and orders shall not be construed to limit the Office's power to initiate any other lawful proceedings concerning violations of W. Va. Code §
									22-6-1 et seq. or this rule.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-04 - Oil And Gas Wells And Other Wells › Section 35-4-5 - Permits, Notice, Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Reserved.
5.2. Application for Permit; Issuance, Conditions and Modifications.
5.2.a. An application for any well work permit required for an oil or gas well or an underground storage well by W. Va. Code §
										22-6-6, except for permits to plug a well, shall be made on Form WW-2(B), "Application for Well Work Permit," and shall be accompanied by:
5.2.a.1. A "Notice of Application for a Well Work Permit" in the form prescribed by subsection 5.4 below;
5.2.a.2. A plat in the form prescribed by section 9 below;
5.2.a.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof cash or collateral security allowed by W. Va. Code §
											22-6-26;
5.2.a.4. Form WW-9, "Construction and Reclamation Plan," applicable to the plan required by W. Va. Code §
											22-6-6(d) and a plan for performing the reclamation required by W. Va. Code §
											22-6-30 and section 16 below;
5.2.a.5. The applicable fee(s), which include:
5.2.a.5.A. Four Hundred Dollars and Zero Cents ($400.00) for the application to conduct well work, pursuant to W. Va. Code §
												22-6-2(c)(10);
5.2.a.5.B. One Hundred Fifty Dollars and Zero Cents ($150.00) for the special reclamation fee, pursuant to W. Va. Code §
												22-6-29(b); and/or
5.2.a.5.C. One Hundred Dollars and Zero Cents ($100.00) for a general permit registration fee.
5.2.a.6. If applicable, the consent required by W. Va. Code §
											22-6-21.