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West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-18 - 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 practice. 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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-19 - Water Supply Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1 Testing
				Obligations and Rights.
19.1.1 At the request
				of the owners of record of the surface tract as defined in W.Va. Code §
										22B-1-9
				or an occupant of land within one thousand feet (1000) 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 (1000) feet of the
				proposed well that is actually utilized by such owner or occupant for human
				consumption, domestic animals, or other general use.
19.1.2 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 (1000) 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 judgement, has the highest
				potential for being influenced by the operator's well work.
19.1.3. If for any reason the operator is
				unable to sample and to analyze water from any such water wells or springs
				within one thousand (1000) 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
				(1000) and two thousand (2000) feet from the operator's proposed
				well.
19.1.4. At an operator's
				discretion, any or all water wells or springs within one thousand (1000) feet
				of operator's proposed well may be sampled and analyzed in accordance with this
				section.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-18 - Oil And Gas Wells And Other Wells › Section 38-18-20 - 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 which exceeds standards
				of purity and quality for ground water promulgated by the state Water Resources
				Board pursuant to W. Va. §Code 20-5M-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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-19 - Hearing And Appeals Procedure › Section 38-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				rule shall govern and apply to all hearings before the Division of Oil and Gas
				under the provisions of
W. Va. Code
§ 22B-1,
				29A-4 and the Natural Gas Policy Act of 1978.
1.2 Authority and Related Code Citations -
W. Va. Code
§§
									22-1-13,
				22-1-15,
				22-1-16,
				22-1-17,
				22B-1-2,
				22B-1-4,
				22B-1-7,
				22B-1-28, and
				29A-4-1.
1.3 Effective Date - Sept. 30, 1987
1.4 Filing Date - Oct. 30, 1987
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-19 - Hearing And Appeals Procedure › Section 38-19-2 - Hearing and Appeal Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Hearings - Subject to the provisions of
				W. Va. Code § 22B-1-15, the appeal procedures under W. Va. Code §
									22B-1-7(e),
				and the Natural Gas Policy Act of 1978, all hearings conducted by the Division,
				including but not limited to proceedings conducted pursuant to W. Va. Code
				§§
									22B-1-4,
				22B-1-7,
				22B-1-28, and
				29A-4-1,
				shall be conducted in accordance with the provisions of
W. Va.
				Code
§ 29A-5 and this rule. If any provision of this rule is
				inconsistent with any provision of said
W. Va. Code
§ 29A-5, the provision of
W. Va. Code
§
				29A-5 shall control, except as otherwise provided for hearings under
W. Va. Code
§ 22B-1-15, appeals under
W. Va. Code
§
									22B-1-7(e),
				and hearings for certification of gas wells under the Natural Gas Policy Act of
				1978.
2.2 Consolidation of
				Proceedings - The Division may at any time order one proceeding consolidated
				with any other such proceeding then pending before the Division which involves
				the same parties and similar issues of law and fact.
2.2.1 Consolidation Pursuant to
W. Va. Code
§
										22B-1-3 -
				If any request shall be made pursuant to
W. Va. Code
§
										22B-1-4
				for annulment or revision of findings or an order made by an Oil and Gas
				Inspector pursuant to
W. Va. Code
§
										22B-1-3,
				the Division shall set the matter for hearing pursuant to this rule prior to
				the making by the Director of an order pursuant to
W. Va.
				Code
§
										22B-1-4(a).
				All matters arising out of the same violation, or any closely related
				violation, shall be consolidated and set for hearing under this
				Subsection.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-19 - Hearing And Appeals Procedure › Section 38-19-3 - Rules Applicable to Proceedings Initiated upon Petition for Declaratory Ruling

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Scope - The
				rules in this Section govern and are applicable to proceedings initiated
				pursuant to
W. Va. Code
§ 2
				9A-4-1 on
				petition of any interested person, being any person owning an interest under
				the jurisdiction of the Division of Oil and Gas pursuant to
W. Va.
				Code
§ 22B-1, for a declaratory ruling to be issued by the
				Division of Oil and Gas with respect to the applicability to any person,
				property or state of facts of any rule or statute enforceable by the Division
				of Oil and Gas. In addition to the rules contained in this Section, the general
				rules of practice before the Division of Oil and Gas contained in this rule
				relating to hearings held by the Division of Oil and Gas contained in Section 2
				are also applicable to such proceedings .
3.2 Initiation of Proceedings -
3.2. l Proceedings for a declaratory ruling
				pursuant to
W. Va. Code
-§
									29A-4-1,
				shall be initiated by filing a written petition for declaratory ruling with the
				Division of Oil and Gas.
3.3.
				Answer -
3.3.1 Any party, other than the
				Director, desiring to participate in the proceeding in opposition to the
				petition for declaratory ruling shall file an answer within fifteen (15) days
				of service of such petition.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-20 - State National Pollutant Discharge Elimination System (NPDES) For Mines And Minerals

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-21 - Bona-Fide Future Use › Section 38-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope -- This
				legislative rule establishes xeqiiiremeiits 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 --
				WV Code §§
									22B-1-1;
				22B-1-2;
				22B-1-3;
				22B-1-4;
				22B-1-5;
				22B-1-6;
				22B-1-7;
				22B-1-11;
				22B-1-19; 22B-1-23; 22B-1-24; 22B-1-26; 22B-1-28; 22B-1-29; 22B-1-30; 22B-1-32;
				22B-1-34; 22B-4-5; 22B-5-1 through 12.
1.3 Filing Date --_______________
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 prospectively to accord more fully with West Virgioia Code Chapter
				22B and this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-21 - Bona-Fide Future Use › Section 38-21-3 - 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:
3.1.1 The name and address of the
				operator;
3.1.2 The location of the
				well;
3.1.3 The Api number of the
				well, if any;
3.1.4 A viable plan
				for utilizing the well including an estimated time for commencement of the
				future use of the well; and,
3.1.5
				Any other information requested by the Chief.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-21 - Bona-Fide Future Use › Section 38-21-4 - 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 22B-1-19. In order to establish bona
				fide fixture use, the operator shall submit information and data sxifficient to
				satisfy the Chief that there is a bona fide future use for the well. The
				operator should consider the following information:
4.1.1 The date on which the well was
				completed;
4.1.2 The method which
				the well meets the financial responsibility requirements of W.VA.. Code 22B-5-4
				and 22B-5-5.
4.1.3 The date on
				which the well first produced;
4.4.4 The results of the initial gas-oil
				ratio test;
4.1.5 The last date on
				which the well was producing;
4.1.6
				The average monthly production at the time production ceased;
4.1.7 The formation(s) from which the well
				produced;
4.1.8 The estimated
				remaining recoverable reserves associated with the well without reworking the
				well;
4.1.9 Whether reworking the
				well to recover additional reserves is possible;
4.1.10 The estimated remaining recoverable
				reserves associated with the well after reworking;
4.1.11 The method used to estabhsh reserve
				estimates in sections 4.1.8 and 4.1.10;
4.1.12 Whether secondary recovery is
				possible;
4.1.13 Whether production
				from other formations is possible;
4.1.14 Whether the well can be drilled
				deeper;
4.1.15 The estimated cost
				to deepen the well;
4.1.16 Whether
				the well is covered by a gas sales contract;
4.1.17 Wliether the well is connected to a
				gas meter or how it is measured at the transfer of ownership or
				custody;
4.1.18 Other equipment
				connected to the well;
4.1.19
				Whether the well is connected to a pipehne system;
4.1.20 A description of the Line pressure of
				the receiving pipeline;
4.1.21
				Whether a compressor is in place and whether it is in use on the
				well;
4.1.22 If the well is not
				connected to a pipeline, the distance to the nearest pipeline that would accept
				production from the well;
4.1.23
				Whether a shut-in royalty is being paid;
4.1.24 The operator's schedule for putting
				the well into production;
4.1.25
				Whether the well is currently used for or capable of use for gas
				storage;
4.1.26 Whether the well is
				capable of being used as a Liquid injection well;
4.1.27 Whether money has been escrowed for
				use to plug the well in the future; and,
4.1.28 Any other information which the
				operator considers relevant to establishing a bona fide future use.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-21 - Bona-Fide Future Use › Section 38-21-5 - 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:
5.1.1 The condition of the
				well is sufficient to prevent waste of oil or gas;
5.1.2 The condition of the well is sufficient
				to prevent pollution of waters of the State; and
5.1.3 The operator satisfies the bonding
				requirements of W.Va. Code
				22B-1-1
				et seq.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-21 - Bona-Fide Future Use › Section 38-21-6 - Effect on Nongoverranental 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 these
				  regulations or W.Va. Code 22B-1-19, nor acceptance, receipt, review, report,
				  consideration or termination by the Chief or the OlL and Gas Section shall be
				  admissible as evidence as to the truth of a matter asserted regarding a claim
				  or cause of action between nongoveammental parties.
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West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-1 - 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
				§ 22B-5-1 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 §§
									22-1-13;
				22B-1-2;
				22B-5-10.
1.3. Filing Date
				--__________________________
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 prospectively to accord more
				fully with West Virginia Code Chapter 22B and this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-2 - 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 West Virginia Code 22B-1-1 and 22B-5-3
				  shall apply to this rule in addition to the definitions set forth below. The
				  definitions of these rules shall apply to West Virginia Code 22B-5-1 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 siirface, 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
				afiected by such abandoned well.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-3 - Declaration of Operator Status

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				General reqiurements.
3.1.1. No declaration
				of operator status will be made until either an applicant for operator status
				has complied with the requirements of W.Va. Code 22B-1-26 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.
3.1.2 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.
3.1.3. 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 tiie
				determination of ownership rights to the well or leasehold.
3.1.4. 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.
3.1.5. 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
				wellsite 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 wellsite
				for the purpose of plugging the well.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-5 - Plugging by Interested Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Notice requirements.
5.1.1. Any interested party, desiring to plug
				an abandoned well shall serve the notice required under W.Va. Code 22B-5-7 on
				Form WW-4(c). A copy of the plugging permit apphcation for the well in question
				must be served with the notice.
5.1.2. If 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 Section
				5.3 infra.) is not known to the interested party, then the identification of
				the surface owner may be made pursuant to 38 CSR 18-5.4.1.1 through
				5.4.1.4.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-6 - Priority of Expenditures firom the Oil and Gas Reclamation Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General
				Requirements.
6.1.1. The Chief shall maintain
				a census of abandoned wells. The census shall be based upon the best
				ioformation available to the Chief. Such information may be gathered through
				and may iaclude 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.
6.1.2. 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 section
				38-22-3.2.
				of these rules.
6.1.3. The Chief is
				authorized to expend funds from the Oil and Gas Reclamation Fund in accordance
				with the procedures in W.Va. Code 22B-1- 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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-7 - Schedules for plugging of abandoned wells

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General.
7.1.1. A "Schedule 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.
7.1.2.
				An operator desiring to plug abandoned wells under the aegis of a Schedule
				shall submit a request in writiug to the Chief. Such request will contain a
				plan for timing the plugging of the abandoned wells.
7.1.3. The Chief shall respond in writing
				within thirty (30) days of receipt of such written request.
7.1.4. An operator who has been granted a
				Schedule shall submit periodic, though not to be less frequently than annual,
				progress reports detailing work completed.
7.1.5. The granting of a Schedule does not
				relieve any person of any plugging or reclamation requirements of 22B-1-23,
				22B-1-24, 22B-1-30 or any rule promulgated thereunder.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-22 - Abandoned Wells › Section 38-22-8 - 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.
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West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-1 - 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 § 2-12-1 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 9,
				1996
1.4. Effective Date. June 1,
				1996
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 Article 22-21 and this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-2 - 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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-3 - 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
				Section 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 Chapter 22-21 will be
				those forms set forth in 38 CSR 18-3.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-4 - 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.
4.1.1. 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:
4.1.1.1. A "Notice of
				Application for a CBM Well Work Permit" in the form prescribed by W.Va. Code
				§
											22-21-9
4.1.1.2. A plat in the form prescribed by
				22-21-6 (5) and W.Va. Code §22-6, and further described in Section 9 of
				these rules.
4.1.1.3. 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,
4.1.1.4. 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,
4.1.1.5. 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
4.1.1.6. If applicable, the consent required
				by W.Va. Code §
											22-6-21,
				and
4.1.1.7. 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),
4.1.1.8. Copies of statements of no objection
				from persons entitled for notice pursuant to W.Va. Code §
											22-21-7.
4.1.1.9. A statement describing whether any
				users under Section 13.3.5 were identified and the manner in which any such
				users were provided with notice as required under Section 13.3.6.
4.1.1.10. If applicable, the consent required
				by W.Va. Code §
											22-21-20.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-6 - 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.
6.1.1. 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:
6.1.2. The "Chief" as
				defined in W.Va. Code §
										22-14-2(i).
6.1.3. The owners of record of the surface of
				the tract on which the CBM Well is located.
6.1.4. 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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-7 - 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:
7.1.1. location (by depth),
7.1.2. 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,
7.1.3. plans for
				mudding, cementing, and filling,
7.1.4. plans for altering or removing casing
				if required, and
7.1.5. 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 "Application to Plug and Abandon a CBM
				Well".
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-8 - 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.
8.2.1. 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 or alternates approved by the chief. AH 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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-11 - Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. AH 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(8).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-12 - 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 38 CSR 18-12, 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 38 CSR 18-15.
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 Section 15.1.
				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 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-15 - 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 Section 15.3.2 of production and gathering lines subject to this
				rule shall conform with the following:
15.3.1.
				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:
15.3.1.1. Where the line crosses
				agricultural land as defined in W.Va. Code §
											19-19-2;
15.3.1.2. Where an unburied line would
				prohibit use of a preexisting private roadway or other means of access to a
				part of or all of surface land;
15.3.1.3. Where the line cannot more
				practically and reasonably be securely suspended to cross stream
				beds;
15.3.1.4. Where the line
				crosses a public road, in which event it shah be buried and otherwise installed
				in accordance with the rules of the public agency having jurisdiction over the
				road, and
15.3.1.5. Where the Chief
				decides prior to installation that burial would be practical and
				reasonable.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-23 - Coalbed Methane Wells (See 1st Public Hearing 07/13/95) › Section 38-23-16 - Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. 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 alternate
				practices will satisfy the requirements of the West Virginia Code, would not
				significantly increase the risk to coal mines, mine workers, fresh water
				aquifers, surface owners and exhibit sound engineering practice. 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.
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West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-01 - Rules of the Commission › Section 39-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- All rules and regulations of a
				general nature herein promulgated are to prevent waste, protect correlative
				rights and to conserve oil and gas in the State of West Virginia and are
				applicable to all activities subject to the jurisdiction of the Oil and Gas
				Conservation Commission and fields developed subsequent to their adoption,
				except as may be amended, modified, altered or enlarged generally or in
				specific pools or fields by orders hereafter issued by the Commission. Where
				special field rules apply, the special field rules shall govern to the extent
				of any conflict.
1.2. Authority. --
				W. Va. Code §
									22C-9-4.
1.3.
				Filing Date. -- June 29, 2020.
1.4.
				Effective Date. -- June 29, 2020.
West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-01 - Rules of the Commission › Section 39-1-3 - General Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Duties of
				the Commission. -- The duties of the Commission shall be as described in the
				statute.
3.2. Access to records. --
				The Commission and/or its authorized agent shall have access to such deep well
				and lease records, wherever located, as may be necessary in the performance of
				its statutory duties. All persons or operators, drilling or servicing deep
				wells, shall permit the Commission and/or its authorized agent, to come upon
				any lease, property or deep well operated or controlled by them, and to inspect
				the record and operation of such deep wells and to have access at reasonable
				time to such records of deep wells; Provided, that information so obtained
				shall be kept confidential.
3.3.
				Reports. -- All operators and purchasers of oil and gas within the state shall,
				from time to time, file such reports containing such information and covering
				such periods as the Commission, in order to perform its statutory duties, may
				require by rule or regulation.
3.4.
				Tests and surveys. -- When deemed necessary or advisable in the performance of
				its statutory duties, the Commission, by rule or regulation, may require tests
				and surveys to determine the occurrence of waste of oil, gas, water or
				reservoir energy and the magnitude thereof.
3.5. Corrective action. -- The Commission
				shall require correction of any condition which is causing or is likely to
				cause waste of oil or gas and require the proper plugging and abandonment of
				any deep well or wells no longer used or useful.
3.6. Well designations. -- The operator, upon
				completion of any deep well, shall install and maintain, upon the deep well
				site, proper identification thereof, including, but not limited to, the
				operator's name, name of lease, number of the well, API number (composed of
				state, county and permit number).
3.7. Consent Agreements. -- When it appears
				that a violation of WV Code §
									22C-9-1 et seq., this rule, or any order or
				final decision of the commission, has occurred, the commission may issue an
				order or enter into a consent agreement to administratively dispose of the
				matter. If a consent agreement between the parties cannot be reached, the
				commission may elect to exercise its options provided in
				§
									22C-9-12.
3.8. Naming of
				fields. -- All oil and gas fields subject to the statute discovered subsequent
				to the adoption of these rules and regulations shall be named by the Commission
				or at its direction.
3.9. Forms
				upon request. -- Forms required by the Commission will be furnished upon
				request.
West Virginia Code of State Rules › Agency 39 - Oil And Gas Conservation Commission › Title 39 - LEGISLATIVE RULE WEST VIRGINIA OIL AND GAS CONSERVATION COMMISSION › Series 39-01 - Rules of the Commission › Section 39-1-4 - Operational Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Notices --
				General and emergency.
4.1.1. Any written
				notice of intention to do work which requires the Commission approval or to
				change plans previously approved by the Commission must be filed with the
				Commission, unless otherwise directed, and must receive Commission approval
				before the work is begun.
4.1.2. In
				case of emergency or a situation where operations might be unduly delayed, any
				written notice or approval required by rule to be given to or received from the
				Commission may be given or received orally or by wire or electronically, and,
				if approval is obtained, the transaction shall be confirmed in writing within
				ten (10) working days as a matter of record. The Chair of the Commission may
				also call an emergency hearing in cases where operations might be unduly
				delayed, by filing a prior notice with the Office of the Secretary of State
				pursuant to the Open Governmental Proceedings Act in W. Va. Code §
										6-9A-3.
				Included with any request for emergency hearing, the requesting party shall
				provide the Commission with the names, addresses and telephone numbers of all
				offset operators as defined herein. The Commission will make reasonable
				attempts to notify said offset operators.