reglab/statecodes huggingface dataset:
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 35-4-6 - Plats, Notice to Coal Owner, Operator or Lessee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Plats.
6.1.a. The plat submitted pursuant to W. Va. Code §
										22-6-12 "before drilling for oil or gas, or before fracturing or stimulating a well" shall contain the information required by W. Va. Code §
										22-6-12 and otherwise by this rule in the form and manner provided in section 9 below. A separate plat shall not be required for stimulating a well where stimulating is to be a part of the work for which a permit is sought and such fact is noted on Form WW-2(B), "Application for a Well Work Permit."
6.1.b. A plat is hereby required to accompany all applications for "fracturing any well" under W. Va. Code §
										22-6-13 by means subsequent to and not an incident of previously permitted drilling, redrilling, deepening, pressuring or converting such well. If the well to be fractured is an oil or gas well, the plat shall contain the same information required for plats by W. Va. Code §
										22-6-12 and otherwise by this rule, and shall be in the form and manner provided in section 9 below; and if the well is a liquid injection or waste disposal well, the plat shall contain the same information required for plats by W. Va. Code §
										22-6-14 and otherwise by this rule, and shall be in the form and manner provided in section 9.
6.1.c. The plat required by W. Va. Code §
										22-6-14 "before drilling a well for the introduction of liquids for the purposes provided in W. Va. Code §
										22-6-25 or for the introduction of liquids for the disposal of pollutants or the effluent therefrom on any tract of land, or before converting an existing well for such purposes" shall contain the information required by W. Va. Code §
										22-6-25 and otherwise by this rule and shall be in the form and manner provided in section 9 below. Submission of a separate plat shall not be required before stimulating such a well, where stimulating is to be part of the well work for which a permit is sought and such fact is noted on Form WW-3(B), "Liquid Injection or Waste Disposal Well Work Permit Application."
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 35-4-7 - Operational Regulations on Liquid Injection and Waste Disposal Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Tubing and Packer Arrangements; Variance; Regulation of Pressure.
7.1.a. Injection of water, other liquids, or wastes shall be accomplished through a tubing and packer arrangement with the packer set immediately above the injection zone, and the annulus between the tubing and casing shall be monitored by pressure-sensitive devices or through production casing adequately seated and cemented that will allow monitoring of the annulus between the injection casing and the last intermediate casing string or coal-fresh water casing string, as the case may be. Upon a proposal made in detail on Form WR-37, "Pre-Operations Certificate for Liquid Injection or Waste Disposal Well," a variance from any of the foregoing requirements may be granted upon a showing in the application or at the hearing by an individual operator that alternate prudent engineering practices will prevent migration outside the target information.
7.1.b. The injection pressure shall be regulated to minimize the possibility of fracturing the confining strata and the Form WR-37, "Pre-Operation Certificate for Liquid Injection or Waste Disposal Well," submitted for each such well shall set forth the proposed operation in detail, so as to demonstrate that this requirement will be satisfied.
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 35-4-8 - Objections to Applications; Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Objection Filed by Coal Operators, Owners or Lessees -- Objections by coal operators, owners, or lessees filed pursuant to W. Va. Code §§
									22-6-15, 22-6-16 or 22-6-17, shall be made on Form OB-13, "Objection Under W. Va. Code §§
									22-6-15, 22-6-16, or 22-6-17 to A Proposed Permitted Work."
8.2. Objection by the Office -- Objections by the Office to any proposed well work under W. Va. Code §§
									22-6-15, 22-6-16, 22-6-17, shall be made in writing and in the same detail required of objections by coal operators, owners or lessees.
8.3. Notice to Applicant of Objection.
8.3.a. If a coal operator, owner, or lessee files or the Office makes objection to proposed work under W. Va. Code §
										22-6-16, the Office shall notify the applicant well operator by Form OB-14, "Notice to Well Operator of Objection under W. Va. Code §§
										22-6-15 or 22-6-16," attaching copies of all such objections.
8.3.b. If a coal operator, owner, or lessee files or the Office makes objection under W. Va. Code §
										22-6-17, the Office shall notify the applicant well operator as provided by subsection 8.4 below.
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 35-4-10 - Separate Bonds; Blanket Bonds; Financial Responsibility; Registration; Designation of Agent; Transfer of Title and Operator Status; Transfer Procedures; Periodical Circular; Hearings; Ineffective Bonds; and Financial Responsibility from Competing Interests

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Separate Bonds.
10.1.a. Each permit application filed after the effective date of this rule shall be accompanied by a separate bond with corporate surety or cash or other collateral security in compliance with W. Va. Code §
										22-6-26 and shall be submitted with form OP-7, "Bond for Single Oil or Gas Well, Single Liquid Injection Well or Single Waste Disposal Well," except where:
(a) a blanket bond is being furnished pursuant to W. Va. Code §
											22-6-26(c); or (b) the permit application is for a permit to plug a well that is already subject to corporate surety, cash or collateral security that satisfied applicable requirements at the time such corporate surety, cash or collateral security was furnished.
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 35-4-11 - Operational Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Casing Not Exclusive -- In addition to the casing required by W. Va. Code §§
									22-6-18, 22-6-19, 22-6-20, and 22-6-21, there shall be used in each well such material and equipment and there shall be employed such additional procedures as are necessary for the purpose of separating high pressure zones from low pressure zones, the producing horizons, the water bearing strata, and mineable coal zones for the life of the well.
11.2. Multiple Casing Through Coal Seams.
11.2.a. The coal protection casing required by W. Va. Code §§
										22-6-18 through 22-6-20 to be installed through the workable coal seam or seams shall be in addition to the production casing.
11.2.b. The coal protection casing required by W. Va. Code §
										22-6-18 shall have cement circulated in the annular space outside said casing. The volume of the cement needed shall be calculated by using approved methods to assure the return of the cement to the surface. In the event cement does not return to the surface, every reasonable attempt will be made to fill the annular space by introducing cement from the surface.
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 35-4-13 - Plugging, Abandonment and Reclamation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Notice and Application to Plug and Abandon; Time of Filing.
13.1.a. The Notice of Intention to Plug and Abandon a Well required by W. Va. Code §
										22-6-23 shall conform to subdivision 5.2.d above.
13.1.b. The well operator shall also submit copies of all logs in its possession upon specific request by the Chief, pursuant to W. Va. Code §
										22-6-6(c)(10)(ii).
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 35-4-14 - Plugging Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Materials Used in Plugging -- The non-porous materials and cements mentioned in W. Va. Code §
									22-6-24 must be specified in the work order portion of Form WW-4(B), "Application to Plug and Abandon a Well." All cement, except where expanding cement is required, used in conjunction with plugging shall be American Petroleum Institute Class A Ordinary Portland cement with no greater than three percent (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 or his authorized representative 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, approved by the Office as suitable for the intended purpose, and which otherwise comply with all provisions of law and accepted standards. The Chief may approve use of non-standard material or cement.
14.2. Cleaning Out and Replugging Application; Objections; Order.
14.2.a. Application pursuant to W. Va. Code §
										22-6-24(e) to clean out and replug a previously plugged well shall be made by completed Form WW-4, "Notice of Intention and Application to Plug and Abandon a Well," and by the associated comments required to accompany Form WW-4 by subsection 13.1 above.
14.2.b. Objections to a Form WW-4 application to clean out and replug a well, whether by the Office or by any affected person, shall not be made except for violation or impending violation of the provisions of W. Va. Code §§
										22-6-23, 22-6-24 or section 13 of this rule. If such an objection is filed or made, a hearing date shall be set and notice given by the Office by endorsement on the objection and mailed in accordance with W. Va. Code §
										22-6-24(e). The endorsement shall indicate the date, time and location of the hearing, identifying the well by reference to the API number.
14.2.c. The Office's order permitting or rejecting such application shall be endorsed on the Form WW-4 application and shall be mailed to the parties indicated in the method provided by W. Va. Code §
										22-6-24(e).
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 35-4-15 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Annual Reports of Oil and Gas Production.
15.1.a. An annual report of oil and gas production for each well shall be filed with the Chief on or before the succeeding March 31. This report shall be on Form WR-39, "Report of Annual Production," or in such form as the Chief may approve. The report must identify and state the production from every oil and gas well not yet plugged and abandoned, regardless of the status of the well. The data shall be submitted by the well operator. Oil shall be reported in barrels, and gas shall be reported in thousand cubic feet.
15.1.b. Measurement of Oil -- The volume of oil production shall be determined through the standard practices of common carriers in the State of West Virginia. The report on volume of oil shall be the same volume on which the royalty interest was determined and shall be acceptable "pipeline quality."
15.1.c. Measurement of Gas.
15.1.c.1. If a meter has been set for each well, the gas production for each well shall be reported, with each well identified by API number or, if no API number exists, by the operator's well number.
15.1.c.2. If common or master meter measurement is in use, the wells subject to common measurement shall be identified by API number, and production estimated for each such well shall be reported.
15.1.c.3. If calculated value is in use and no measurement of gas is available for an individual well or group of wells, the calculated volume of gas production using accepted engineering methods shall be reported, the wells so measured shall be identified by API number, and the production estimate for each such well shall be reported if such estimates are made.
15.1.d. Failure to submit an annual report of oil or gas as required by this rule or to provide proof of an existing use or a bona-fide future use under 35 CSR 5 shall constitute a rebuttable presumption that the well is abandoned by the operator.
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 35-4-16 - Reclamation

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Reclamation Under the Construction and Reclamation Plan.
16.1.a. All proposed reclamation methods for construction of roads, drilling locations, and pits, if any, or alternative overflow prevention facilities, shall be submitted on Form WW-9 with the application for any permit required by W. Va. Code §
										22-6-6, except a permit to plug a well. Such proposed reclamation methods shall be approved by the Chief or his designate prior to the issuance of the permit, and all reclamation shall be done under the supervision of the Chief. With the consent of this Chief or his designee, the reclamation may be altered from that set out in said Form WW-9, if found necessary due to topography or other conditions not apparent upon initial submission and approval of the proposed reclamation methods.
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 35-4-17 - Preventing Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Equipment -- All well owners or operators, contractors, drillers, pipeline companies, or gas distributing companies producing or transporting oil or gas for any purpose shall use every possible precaution in accordance with accepted and approved methods to prevent waste of oil or gas and to prevent the pollution of the waters of the state in drilling and producing operations or in transporting or distributing such products and shall not wastefully utilize oil or gas or allow the same to leak or escape from natural reservoirs, wells or pipelines.
17.2. Commercial Well Properly Equipped -- Whenever oil or natural gas in commercial quantities, in a well-defined oil or gas bearing stratum, known to contain oil or natural gas in such quantities, is encountered in any well drilled for oil or gas in this state, all such strata shall be adequately protected from infiltrating waters.
17.3. Protection of High Pressure Wells -- On all wells where high pressure and large volume can be reasonably expected, properly working pressure blowout preventer equipment shall be used on the inner string of casing at all times. When the inner string of casing has been placed in the well and cemented in, the casing and blow-out equipment (both blind and pipe rams or their equivalent) shall be installed and tested by operation and pressure to a minimum pressure that is commensurate with the objective formation pressure before drilling is continued.
17.4. Preparation for Drilling In -- Equipment for conserving oil and gas shall be provided before drilling in. In all proved or well-defined oil or gas fields, or where it can be reasonably expected that oil or gas in commercial quantities will be encountered, adequate preparations shall be made for the conservation of oil or gas before drilling any well.
17.5. Multi-Zone Production -- So far as it is practical to do so, gas being produced at a high pressure should be separated in the well from that being produced at a substantially lower pressure by means of casing, tubing, casing heads and packers, in order to eliminate the flow of high pressure gas into the low pressure sands.
17.6. Drilling Deeper -- Nothing in this rule shall be construed to prevent or discourage drilling deeper in search for oil or gas in any 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 35-04 - Oil And Gas Wells And Other Wells › Section 35-4-18 - Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon request, or upon his own initiative, the Chief may grant a variance from any other requirements of this series upon a showing by an operator that alternative practices will satisfy the requirements of the West Virginia Code and exhibit sound engineering practices. Prior to taking final action to grant or deny such a variance, the Chief shall provide notice of his proposed action to the public and to the surface owners of record and any coal owner, operator or lessee and provide all such persons with an opportunity to comment on such a proposal.
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 35-4-19 - Water Supply Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Testing Obligations and Rights.
19.1.a. 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 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 well that is actually utilized by such owner or occupant for human consumption, domestic animals, or other general use.
19.1.b. If no request is made of the operator pursuant to the previous subsection, the 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 operator shall select for sampling and analysis the one well or spring that, in the operator's judgment, has the highest potential for being influenced by the operator's well work.
19.1.c. If for any reason the operator is unable to sample and to analyze water from any such water wells or springs within one thousand (1,000) feet of the operator's proposed well, the Chief may require the operator to sample and to analyze, in accordance with this section, water from one existing water well or spring located between one thousand (1,000) and two thousand (2,000) feet from the operator's proposed well.
19.1.d. At an operator's discretion, any or all water wells or springs within one thousand (1,000) feet of the operator's proposed well may be sampled and analyzed in accordance with this section.
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 35-4-20 - Groundwater Remediation

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Where the facilities or activities of an operator cause or contribute to the concentration of a certain constituent in groundwater that exceeds standards of purity and quality for groundwater promulgated pursuant to W. Va. Code §
									22-12-5, every reasonable effort shall be made by the operator to identify, remove, or mitigate the source of such contamination. Within thirty (30) days following written request by the Chief, the operator shall submit to the Chief a groundwater remediation plan to strive, where practical, to reduce the level of contamination over time to support drinking water use. Such a plan shall include such groundwater monitoring as may be necessary to demonstrate the effectiveness of the plan.
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 35-4-21 - Construction of Pits and Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. All pits and impoundments with capacity of greater than five thousand (5,000) barrels used in association with an oil and gas operation, shall be constructed only in locations appropriate for the storage of water, including wastewater, and shall be designed, constructed, located, maintained, and used in accordance with this rule and in such a manner as to minimize adverse environmental effects and to assure safety to the public. Notice of construction of all pits and impoundments shall be provided to the Office prior to construction. Such notice shall identify the location and dimensions of the pit or impoundment. The Office shall have the authority to inspect these sites and enforce this rule.
21.2. Design and Construction Requirements. -- All such pits and impoundments shall:
21.2.a. Be constructed in accordance with plans designed and certified by a West Virginia registered professional engineer;
21.2.b. Provide adequate freeboard of no less than approximately two (2) feet to resist overtopping by waves or sudden increases in volume and to provide adequate slope protection against surface erosion and sudden drawdown; and
21.2.c. Have a stable foundation during all phases of construction and operation and be designed based on adequate and accurate information on the foundation conditions.
21.2.d. Incorporate lifelines and perimeter fencing for increased safety.
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 › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
The symbols shall be as follows:
New Drilling Location:
New Fracturing or Stimulating Location:
Cancelled Application or Permit:
Oil Well:
Gas Well:
Dry Hole:
Liquid injection well:
Waste Disposal Well:
Abandoned 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 35-05 - Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule › Section 35-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes requirements pertaining to the operator's designation of bona fide future use of wells and certification of inactive status and information and data to be required by the chief as necessary to such designation.
1.2. Authority. -- W. Va. Code ''22-6-1; 22-6-2; 22-6-3; 22-6-4; 22-6-5; 22-6-6; 22-6-7; 22-6-11; 22-6-19; 22-6-23; 22-6-24; 22-6-26; 22-6-28; 22-6-29; 22-6-30; 22-6-32; 22-6-34; 22-9-5; 22-10-1 through 12.
1.3. Filing Date. -- June 6, 1993.
1.4. Effective Date. -- July 1, 1993.
1.5. Forms rule. -- 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 perspectively 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 35-05 - Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule › Section 35-5-3 - Procedure for Designation of Bona Fide Future Use

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any operator seeking designation of bona fide future use for a well shall submit to the chief a Designation of Bona Fide Future Use on forms prescribed by the chief which shall require the following information:
3.1.a. The name and address of the operator;
3.1.b. The location of the well;
3.1.c. The API number of the well;
3.1.d. A viable plan for utilizing the well including an estimated time for commencement of the future use of the well; and
3.1.e. Any other information requested by the chief.
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 35-05 - Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule › Section 35-5-4 - Demonstration of Designation of Bona Fide Future Use

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. For any well which is not in active status, an operator must demonstrate bona fide future use to avoid having such well deemed abandoned under W. Va. Code '22-6-19. In order to establish bona fide future use, the operator shall submit information and data sufficient to satisfy the chief that there is a bona fide future use for the well. The operator should consider the following information:
4.1.a. The date on which the well was completed;
4.1.b. The method which the well meets the financial responsibility requirements of W. Va. Code ''22-10-4 and 22-10-5;
4.1.c. The date on which the well first produced;
4.1.d. The results of the initial gas-oil ratio test;
4.1.e. The last date on which the well was producing;
4.1.f. The average monthly production at the time production ceased;
4.1.g. The formation(s) from which the well produced;
4.1.h. The estimated remaining recoverable reserves associated with the well without reworking the well;
4.1.i. Whether reworking the well to recover additional reserves is possible;
4.1.j. The estimated remaining recoverable reserves associated with the well after reworking;
4.1.k. The method used to establish reserve estimates in subdivisions 4.1.h and 4.1.j;
4.1.l. Whether secondary recovery is possible;
4.1.m. Whether production from other formations is possible;
4.1.n. Whether the well can be drilled deeper;
4.1.o. The estimated cost to deepen the well;
4.1.p. Whether the well is covered by a gas sales contract;
4.1.q. Whether the well is connected to a gas meter, or how it is measured at the transfer of ownership or custody;
4.1.r. Other equipment connected to the well;
4.1.s. Whether the well is connected to a pipeline system;
4.1.t. A description of the line pressure of the receiving pipeline;
4.1.u. Whether a compressor is in place and whether it is in use on the well;
4.1.v. If the well is not connected to a pipeline, the distance to the nearest pipeline that would accept production from the well;
4.1.w. Whether a shut-in royalty is being paid;
4.1.x. The operator's schedule for putting the well into production;
4.1.y. Whether the well is capable of use for gas storage;
4.1.z. Whether the well is capable of being used as a liquid injection well;
4.1.aa. Whether money has been escrowed for use to plug the well in the future; and
4.1.bb. Any other information which the operator considers relevant to establishing a bona fide future use.
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 35-05 - Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule › Section 35-5-5 - Inactive Status

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon submittal of a completed Designation of Bona Fide Future Use to the chief, any permitted well which satisfies the following requirements shall be deemed to be in inactive status:
5.1.a. The condition of the well is sufficient to prevent waste of oil or gas;
5.1.b. The condition of the well is sufficient to prevent pollution of waters of the state; and
5.1.c. The operator satisfies the bonding requirements of W. Va. Code '22-6-1 et seq.
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 35-05 - Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule › Section 35-5-6 - Effect on Nongovernmental Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
Neither the filing (submission or completion) of the operator's designation, nor the well's status as inactive pursuant to this rule or W. Va. Code '22-6-19, nor acceptance, receipt, review, report, consideration or termination by the chief of the Office of Oil and Gas shall be admissible as evidence as to the truth of a matter asserted regarding a claim or cause of action between nongovernmental parties.
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 35-06 - Abandoned Wells Rules › Section 35-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes a variety of requirements pertaining to oil and gas wells in West Virginia, the West Virginia Abandoned Well Act, W.Va. Code '22-10-1 et seq., and more specifically in relation to abandoned wells, financial responsibility requirements, a priority system for plugging abandoned wells, the declaration of operator status, authorizing interested persons to plug abandoned wells, schedules for plugging wells, and emergency procedures for abandoned wells.
1.2. Authority. -- W. Va. Code ''22-1-3; 22-6-2; 22-10-10.
1.3. Filing Date. -- June 6, 1993.
1.4. Effective Date. -- July 1, 1993.
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 perspectively 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 35-06 - Abandoned Wells Rules › Section 35-6-2 - 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 ''22-6-1 and 22-10-3 shall apply to this rule, in addition to the definitions set forth below. The definitions of this rule shall apply to W. Va. Code '22-10-1 et seq., unless the context clearly expresses a different meaning.
2.1. "Chief" shall mean Chief of the Office of Oil and Gas as designated by the Director of the Division of Environmental Protection.
2.2. "W. Va. Code" shall mean the Code of West Virginia of 1931, as amended.
2.3. "Interested party" means any owner, operator or lessee of the surface, oil, gas, water, coal or other mineral resource under, on, adjacent or in close proximity to any lands upon which an abandoned well exists, and whose lands, rights or interests are or might be affected by such abandoned 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 35-06 - Abandoned Wells Rules › Section 35-6-3 - Declaration of Operator Status

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General requirements.
3.1.a. No declaration of operator status will be made until either an applicant for operator status has complied with the requirements of W. Va. Code '22-6-26, and the rules promulgated thereunder, and Form OP-77A "Declaration of Operator Status" has been filed with the Office of Oil and Gas, or after investigation, the chief voluntarily declares a party to be designated the operator and to have attained operator status. A party designated by the chief to be an operator shall be given notice, an opportunity to comment, and the right to appeal any designation.
3.1.b. If an operator wishes to apply for declaration of operator status for more than one well, a separate application must be submitted for each well for which a determination is sought. Wells currently covered under an existing bond need not be applied for.
3.1.c. An applicant for operator status shall submit such other information including the right to develop, operate, and produce oil and gas from an oil and gas lease, as the Office of Oil and Gas may require in order to establish by evidence, that the operator qualifies for the declaration of operator status for the well for which a declaration is sought. In the event that more than one applicant applies for operator status for a given well, the chief may declare operator status for more than one party. The chief shall notify all applicants by certified mail of all applications so that the applicants may privately ascertain whatever rights each has in the well. The chief may take financial assurance from competing interests, but the chief will not make the determination of ownership rights to the well or leasehold.
3.1.d. Once operator status has been declared by the chief, then the operator shall incur all rights and obligations accruing to an operator in regard to operation of the well.
3.1.e. In case of lease default by an operator, if the lessor does not accept responsibility for plugging or operation of the well, then the operator shall have the right to access the well site to plug the well, and in the event, neither condition occurs, then the chief has the right to designate the right to a person to access the well site for the purpose of plugging 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 35-06 - Abandoned Wells Rules › Section 35-6-5 - Plugging by Interested Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Notice requirements.
5.1.a. Any interested party, desiring to plug an abandoned well shall serve the notice required under W. Va. Code '22-10-7 on Form WW-4(c). A copy of the plugging permit application for the well in question must be served with the notice.
5.1.b. If the surface owner of the premises where any abandoned well is situated (including without limitation, the surface reasonably necessary for a site for the work necessary at the well to plug the well and reasonably necessary for access to the well site as set out in subsection 5.3) is not known to the interested party, then the identification of the surface owner may be made pursuant to 35 CSR 4, subdivisions 5.4.a through 5.4.e.
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 35-06 - Abandoned Wells Rules › Section 35-6-6 - Priority of Expenditures from the Oil and Gas Reclamation Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Requirements.
6.1.a. The chief shall maintain a census of abandoned wells. The census shall be based upon the best information available to the chief. Such information may be gathered through and may include studies undertaken to maintain the census, knowledge of the oil and gas inspectors, investigations resulting from citizen's complaints, whether an operator exists, whether financial responsibility exists to plug the abandoned well, or other such information as may be available.
6.1.b. As often as practicable, but at least once every five years, the Office of Oil and Gas shall publish a list of abandoned wells. This requirement may be met by the publication of the notice required by subsection 3.2 of this rule.
6.1.c. The chief is authorized to expend funds from the Oil and Gas Reclamation Fund in accordance with the procedures in W. Va. Code '22-6-29, and the rules promulgated thereunder. The chief shall expend funds first for wells in Classification One, second for wells in Classification Two, and third, for wells in Classification Three. The chief shall expend funds within a classification in the order defined in that classification.
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 35-06 - Abandoned Wells Rules › Section 35-6-7 - Schedules for Plugging of Abandoned Wells

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General.
7.1.a. ASchedule for Plugging of Abandoned Wells" may be requested by anyone desiring to fulfill the plugging requirements over an extended period. The granting of the schedule will be for good cause as demonstrated to the chief.
7.1.b. An operator desiring to plug abandoned wells under the aegis of a schedule shall submit a request in writing to the chief. Such request will contain a plan for timing the plugging of the abandoned wells.
7.1.c. The chief shall respond in writing within thirty (30) days of receipt of such written request.
7.1.d. An operator who has been granted a schedule shall submit periodic, though not to be less frequently than annual, progress reports detailing work completed.
7.1.e. The granting of a schedule does not relieve any person of any plugging or reclamation requirements of W. Va. Code ''22-6-23, 22-6-24, 22-6-30, or any rule promulgated thereunder.
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 35-06 - Abandoned Wells Rules › Section 35-6-8 - Emergency Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Should an abandoned well develop a condition which is dangerous to human health, property, or the environment, the chief shall be notified immediately. The operator shall immediately take any reasonable remedial action necessary to protect life and property. If no operator is known or can be located, then the Office of Oil and Gas shall conduct an engineering evaluation, and if in the judgment of the chief the abandoned well poses a dangerous condition as described above, the chief shall be authorized to take whatever action is deemed appropriate to abate the emergency.
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 35-07 - Certification Of Gas Wells › Section 35-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule shall govern and apply to proceedings under W. Va. Code '22-6-2(c)(11) concerning gas wells and implementation of the Natural Gas Policy Act of 1978, and pertinent federal regulations.
1.2. Authority. -- W. Va. Code ''22-1-3; 22-1-10; 22-6-2; and 22-6-2(c)(11).
1.3. Filing Date. -- May 10, 2001.
1.4. Effective Date. -- May 10, 2001.
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 35-07 - Certification Of Gas Wells › Section 35-7-3 - Filing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Requirements.
3.1.a. No application under this rule will be certified until such time as a copy of Form OP-1, "Operator Registration Form and Designation Form," has been filed.
3.1.b. All forms promulgated by the Office of Oil and Gas and required by this rule, may be replaced by copies of any applicable predecessor form promulgated by the Office of Oil and Gas, or by equivalent company or operator forms.
3.1.c. If an Operator wishes to seek a determination that a well qualifies for more than one (1) category under NGPA, a separate application must be submitted for each category for which a determination is desired.
3.1.d. Each application must be accompanied by a filing fee of one hundred dollars ($100.00). Where an Operator is submitting several applications at one (1) time, a single check may be submitted for a sum equal to the number of applications multiplied by one hundred dollars ($100.00).
3.1.e. Applications may be submitted electronically if approved by the Chief
3.1.f. Such other information as the Office of Oil and Gas may require in order to establish by substantial evidence that the well qualifies for NGPA category for which a determination is sought.
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 35-07 - Certification Of Gas Wells › Section 35-7-4 - Certification Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Initial Action by the Office of Oil and Gas. -- Upon receipt of an application to certify a well for the maximum lawful price under ''102, 103, 107 or 108 of the NGPA, the Office of Oil and Gas will conduct a review of the submitted data, along with other information available to it, and prepare a summary report for the Chief. A file number and a determination date will be assigned. One copy of FERC Form 121, and one copy of Form FC-48WC, will be mailed to the Operator notifying them of the file number, determination date, and the date of filing with the Office of Oil and Gas.
4.2. Periodical Circular. -- The Office of Oil and Gas will publish from time to time a circular indicating the status of various applications filed under this rule. Such circular may be published on the Division of Environmental Protection's Website.
4.2.a. The circular will identify each well by applicant and by a file number which will indicate:
4.2.a.1. The date received by the Office of Oil and Gas;
4.2.a.2. The NGPA category for which application is made; and
4.2.a.3. The API county and permit number.
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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-1 - 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 §
									22-6A-1,
		et seq., related to horizontal wells. Certain portions of this rule also govern
		and apply to W. Va. Code §
									22-12-1, et seq., related to groundwater
		protection.
1.2. Authority. -- W. Va.
		Code §§
									22-1-3 and 22-6A-6(a)(4).
1.3. Filing Date. -- June 9, 2016
1.4. Effective Date. -- July 9, 2016
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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-3 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
An index and copies of all current forms required by or used in
		  conjunction with this rule may be obtained from the Chief or on the Department's
		  website. The Office of Oil and Gas reserves the right to amend any forms
		  prospectively to accord more fully with W. Va. Code §
									22-6A-1, et seq. 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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-4 - Violations, Findings, and Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
Findings and orders of oil and gas inspectors concerning
		  violations discovered during an inspection shall be recorded on the appropriate
		  Office form. 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 §
									22-6A-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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-5 - Permits, Notice, Review

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Application
		for Permit; Issuance, Conditions and Modifications.
5.1.a. An application for any well work permit
		required for a horizontal well by W. Va. Code §
										22-6A-7, except for permits
		to plug a well, shall be made on Form WW-6B, "Well Work Permit Application," and
		shall be accompanied by:
5.1.a.1. A "Notice of
		Application for a Well Work Permit" in the form prescribed by subsection 5.3
		below;
5.1.a.2. A plat in the form
		prescribed by section 6 below;
5.1.a.3. A bond in one of the forms prescribed
		by section 8 below, or in lieu thereof cash or collateral security allowed by W.
		Va. Code §
											22-6A-15;
5.1.a.4.
		Form WW-9, "Construction and Reclamation Plan," as required by W. Va. Code §
											22-6A-7(c)(1) and a plan for performing the reclamation required by W. Va. Code
		§
											22-6A-14 and section 12 below;
5.1.a.5. Form WW-6B, "Casing and Cementing
		Plan," as required by W. Va. Code §
											22-6A-7(b)(8) and subsection 9.2
		below;
5.1.a.6. The "Water Management
		Plan," as required by W. Va. Code §
											22-6A-7(e) and subsection 5.6
		below;
5.1.a.7. The applicable
		fee(s), which include:
5.1.a.7.A. Ten thousand
		dollars ($10,000) for the initial horizontal well drilled at a location and five
		thousand dollars ($5,000) for each additional horizontal well drilled on a single
		well pad at the same location, pursuant to W. Va. Code §
												22-6A-7(g);
5.1.a.7.B. One Hundred
		Fifty Dollars ($150) for the special reclamation fee, pursuant to W. Va. Code
		§
												22-6A-5(a)(17); and
5.1.a.7.C.
		One Hundred Dollars ($100) for a general permit registration fee.
5.1.a.8. If applicable, the consent
		required by W. Va. Code §
											22-6A-12(a).
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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-6 - Plats; Form and Contents

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
		Plats.
6.1.a. The plat submitted with the well
		work permit application pursuant to W. Va. Code §
										22-6A-5(a)(6) shall
		contain the information required by that subdivision of the Code and this rule in
		the form and manner provided below. A separate plat is not required for
		stimulating a well where stimulating is to be a part of the work for which a
		permit is sought and is noted on Form WW-6B, "Well Work Permit
		Application."
6.1.b. An application
		for permission to fracture a well subsequent to and not as an incident of
		previously permitted drilling, redrilling, deepening, pressuring or converting a
		well shall be accompanied by a plat pursuant to W. Va. Code §
										22-6A-5(a)(6).
		If the well to be fractured is a horizontal well, the plat shall contain the same
		information required for plats as outlined in subdivision 6.1.a above, and shall
		be in the form and manner provided below.
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 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-7 - Notice to Coal Owner, Operator or Lessee; Objections to Applications by Coal Owner, Operator or Lessee; Notice of Objection

Current through Register Vol. XLI, No. 28, July 12, 2024
Objections filed by coal owners, operators or lessees pursuant
		  to W. Va. Code §§
									22-6A-11(c)(2) shall be filed with the Office in
		  accordance with W. Va. Code §§
									22-6-15 and
		  22-6-17.