title-35•Title 35 W. Va. C.S.R.
Oil And Gas Oil And Gas
Series 01 Miscellaneous Water Pollution Control Rules
W. Va. Code R. § 35-1-1 General
1.1. Scope. -- This legislative rule establishes requirements relating to discharge notification and response, waste load allocations, small wastewater treatment plants, permit application filing fee, and outlet markers, and spill prevention, for facilities operated in connection with the exploration, development, production, storage and recovery of oil and gas, and related mineral resources in this state.
1.2. Authority. -- W. Va. Code ''22-1-3, 22-1-10, 22-1-11, 22-6-2, 22-6-7, and 22-11-1 through 27.
1.3. Filing Date. -- April 8, 1991.
1.4. Effective Date. -- June 1, 1991.
W. Va. Code R. § 35-1-2 Definitions
Unless the context in which used clearly requires a different meaning, the definitions set forth in W. Va. Code ''22-11-3, 22-6-1 and 22-1-2 shall apply to this rule in addition to the definitions set forth in Series 4 of the office's rules.
W. Va. Code R. § 35-1-3 Discharge Notification and Response
3.1. The owner or operator or person in charge of a facility subject to this rule from which a reportable discharge as described in subsection 3.3 occurs shall notify the Office of Oil and Gas by calling 1-800-642-3074 immediately; but in no case, later than twenty-four (24) hours after becoming aware of the discharge.
3.2. The person who notifies the office pursuant to subsection 3.1 shall report the type of substance and the estimated quantity discharged, if known; the location of the discharge; actions the person reporting the discharge proposed to take to contain, clean--up and remove the substance, if any, and any other information concerning the discharge which the office may request at the time of notification. A written verification of such notification shall be submitted upon request of the office.
3.3. The following discharges from a facility subject to this rules are "reportable discharges" within the meaning of this section:
3.3.a. Any discharge which would be reportable pursuant to section 311(b) of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977, 33 U.S.C. 1321, and the regulations promulgated thereunder;
3.3.b. Any upset or bypass causing effluent limitations established under the general permit to be exceeded; or
3.3.c. Any pit failure which results in a discharge to any surface water of the state.
3.4. The owner or operator of a facility from which a reportable discharge has occurred, or any person responsible for causing such discharge, shall attempt to stop the discharge and shall take reasonable measures to contain, clean-up and remove the discharge, to the extent he is capable of doing so.
W. Va. Code R. § 35-1-4 Waste Load Allocations
4.1. Sewage Discharges - Waste load allocations for sewage dischargers are to be issued by the Chief to potential applicants for a Water Pollution Control Permit (W. Va. Code '22-6-7) to assist with planning of wastewater treatment works which will meet effluent limitations guidelines and not violate state water quality standards for the receiving waters. Applications for the waste load allocations shall be made for any facilities which will produce or result in a discharge of sewage to the state's surface waters. Waste load allocations are not intended to be, and shall not be interpreted to be, an advance approval of wastewater treatment facilities which may be proposed nor is it an assurance that a Water Pollution Control Permit will be issued. It is emphasized that waste load allocations are issued on major effluent criteria only for planning purposes.
4.1.a. Application forms may be prescribed by the chief requiring submission of necessary information and data by the applicant to enable the Office of Oil and Gas to make a waste load allocation determination. Such determination shall be valid for a period of time specified by the chief. Reapplication for a new waste load allocation will be required upon expiration of the preceding waste load allocation unless application for a Water Pollution Control Permit has been filed.
4.1.b. Waste load allocations shall prescribe the concentration and quality of significant wastewater substances and physical, chemical, or biological conditions of the proposed discharge. The waste load limitations shall represent thirty (30) day and seven (7) day average values for biochemical oxygen demand, solids, nitrogen, and other criteria defining the load except for pH and dissolved oxygen which are instantaneous limits, if it is deemed necessary to assure protection of water uses immediately downstream from the point of discharge to the receiving waters.
4.1.c. Waste load allocations are not required prior to an application to dispose of treated domestic sewage effluent by land treatment and disposal methods. Applications for a Water Pollution Control Permit for such purpose will be reviewed on a case-by-case basis. Such systems may require a Water Pollution Control Permit from the Chief, Office of Oil and Gas, Division of Environmental Protection.
4.2. Other discharges - (Reserved).
4.3. Waste load allocations for the achievement of water quality standards shall normally be based on a specified low flow. The design flow for this purpose shall be the minimum, mean seven (7) consecutive day flow with a ten (10) year return frequency.
4.3.a. United States Geological Survey data may be used in determining the mean seven (7) consecutive day drought flows with a ten (10) year recurrence interval but this does not preclude the use of other reliable data systems as they become available.
4.4. In cases where a waste discharge is proposed to a wet weather stream, the allocation shall define the treatment plant effluent quality which will not affect designated uses of downstream waters in the nearest downstream segment of the stream, but in no case less than the established water quality standard for that segment.
4.5. More stringent requirements may be specified by the Chief where necessary to protect downstream uses, or where special conditions such as recreation, or water supply impoundments, or danger to aquatic, or animal life exists.
4.6. A waste load allocation may be denied when the assimilative capacity of the receiving waters is being fully utilized or if the additional waste load would result in a violation of water quality standards.
W. Va. Code R. § 35-1-5 Small Wastewater Treatment Plants
5.1. The requirements of this section apply to sewage treatment plants of forty thousand (40,000) gallons per day capacity or less at facilities subject to this rule.
5.2. Operational reliability for such plants shall be provided in order that pollutants are not discharged during periods of power failure.
5.3. The wastewater treatment structure shall be protected against physical damage of the twenty-five (25) year flood level and operability be maintained during the ten (10) year flood level.
5.4. No construction, installation, modification or operation of a wastewater disposal system (treatment plant sewers, life stations, and appurtenances) shall be performed until a Waste Pollution Control Permit has been issued for such facilities.
W. Va. Code R. § 35-1-6 Outlet Markers
6.1. In accordance with W. Va. Code '22-6-7 and 22-11 each holder of a Water Pollution Control Permit for a facility subject to this rule shall post a permanent marker at the establishment under permit in accordance with the following unless an alternative marker requirement is established by permit:
6.1.a. A marker shall be ported on the stream bank at each surface water outlet covered by the permit.
6.1.b. The marker shall consist of the name of the establishment to which the permit was issued, the permit number, and the outlet number.
6.1.c. The marker shall be a minimum of two (2) feet by two (2) feet and shall be a minimum of three (3) feet above ground level.
W. Va. Code R. § 35-1-7 Spill Prevention - Production Facilities
7.1. At each production facility, which includes all wells, flowlines, separation equipment, storage facilities, injection facilities, and auxiliary non-transportation-related equipment and facilities, all operators shall have appropriate containment and/or diversionary structures or equipment to prevent discharged oil or other pollutants from reaching the waters of the state. One of the following preventative systems or its equivalent shall be used as a minimum, unless an appropriate water pollution control permit provides for another method of spill prevention:
7.1.a. Dikes, berms, or retaining wall sufficiently impervious to contain spilled oil or other pollutants;
7.1.b. Curbing;
7.1.c. Culverting, gutters or other drainage system;
7.1.d. Weirs, booms or other barriers;
7.1.e. Spill diversion ponds;
7.1.f. Retention ponds; or
7.1.g. Sorbent materials.
7.2. At tank batteries central treatment stations, the dikes or equivalent required under subsection 7.1 shall have drains closed and sealed at all times except when rainwater is being drained. Prior to drainage, the diked area shall be inspected as provided in subsections 7.3, 7.6, and 7.8 of this section. Accumulated oil on the rainwater shall be picked up and returned to storage or disposed of in accordance with approved methods.
7.3. Field drainage ditches, road ditches, and oil traps, sumps or skimmers, if such exist, should be inspected at regularly scheduled intervals for accumulation of oil that my have escaped from small leaks. Any such accumulations shall be picked up and returned to storage or disposed of in accordance with approved methods.
7.4. No tank shall be used for the storage of oil or other pollutants unless its material and construction are compatible with the material stored and the conditions of storage.
7.5. All tank battery and central treatment plant installations shall be provided with a secondary means of containment for the entire contents of the largest single tank if feasible, or alternate systems such as those outlined in subsection 7.1. Drainage from undiked areas should be safely confined in a catchment basin or holding pond.
7.6. All tanks containing oil or other pollutants shall be visually examined by a competent person as to their condition and need for maintenance on a scheduled periodic basis. Such examination should include the foundation and supports of tanks that are above the surface of tanks that are above the surface of the ground.
7.7. New and old tank battery installations should, as far as practical, be fail-safe engineered or updated into a fail-safe engineered installation, to prevent spills. At a minimum an owner or operator should have one or more of the following:
7.7.a. Adequate tank capacity to assure that a tank will not overfill should a pumper/gauger be delayed in making his regular rounds;
7.7.b. Overflow equalizing line between tanks so that a full tank can overflow to an adjacent tank;
7.7.c. Adequate vacuum protection to prevent tank collapse during a pipeline run; or
7.7.d. High level sensors to generate and transmit an alarm signal to the computer where facilities are a part of a computer production control system.
7.8. All above ground valves and pipelines, including gathering lines and transportation lines, shall be examined periodically on a scheduled basis for general condition of items such as flange joints, valve glands and bodies, drip pans, pipeline supports, pumping well polish rod stuffing boxes, bleeder and gauge valves.
7.9. Salt water (oil field brine) disposal facilities shall be examined often, particularly following sudden change in atmospheric temperature to detect possible system upsets that could cause discharge.
7.10. Production facilities shall have a program of flowline maintenance to prevent spills from this source. The program should include periodic examinations, corrosion protection, flowline replacement, and adequate records, as appropriate, for the individual facility.
W. Va. Code R. § 35-1-8 Spill Prevention - Workover Operations
8.1. Mobile drilling or workover equipment should be positioned or located so as to prevent spilled oil or other pollutants from reaching waters of the state.
8.2. Depending on the location, catchment basins or diversion structures may be necessary to intercept and contain spills of fuel, crude oil, or oily drilling fluids.
8.3. Before drilling below any casing string or during workover operations, a blowout prevention (BOP) assembly and well control system shall be installed that is capable of controlling any well head pressure that is expected to be encountered while that BOP assembly is on the well.
W. Va. Code R. § 35-1-9 Submittal of Spill Prevention Plans
9.1. Notwithstanding compliance with any office rule or permit, whenever a facility has: Discharged more than 1000 U.S. gallons into the waters of the state in a reportable discharge or discharged oil or other pollutants into the waters of the state in two reported discharges within any twelve month period, the owner or operator of such facility shall submit to the chief the following:
9.1.a. Name of the facility;
9.1.b. Name(s) of the owner or operator of the facility;
9.1.c. Location of the facility;
9.1.d. Date and year of initial facility operation;
9.1.e. Maximum storage or handling capacity of the facility and normal daily throughput;
9.1.f. Description of the facility, including maps, flow diagrams, and topographic maps;
9.1.g. The complete copy of the SPCC Plan with any amendments as required under 40 C.F.R. '112, or Best Management Plan (BMP) as required under any permit;
9.1.h. The cause(s) of such spill, including a failure analysis of system or sub-system in which the failure occurred;
9.1.i. The corrective actions and/or countermeasures taken, including an adequate description of equipment repairs and/or replacements;
9.1.j. Additional preventive measures taken or contemplated to minimize the possibility of recurrence; and
9.1.k. Such other information as the chief may reasonably require pertinent to the Plan or spill event.
9.2. The chief shall review the information submitted and shall issue an order which will require any corrective action he deems necessary to protect against future spills, and forward his recommendations to the Regional Administrator for EPA.
35CSR1
Series 03 Coalbed Methane Wells Rule
W. Va. Code R. § 35-3-1 General
1.1. Scope. -- This rule shall govern and apply to proceedings under W. Va. Code §22-21-1 et. seq., governing coalbed methane wells. Certain portions of this series shall apply to W. Va. Code §22-10-1 et. seq., related to abandoned wells, W. Va. Code §22-12-1 et. seq., related to groundwater protection, and W. Va. Code §22-6-1 et. seq., related to oil and gas wells and other wells.
1.2. Authority. -- W. Va. Code §§22-21-3 and 4.
1.3. Filing Date. -- April 28, 2006.
1.4. Effective Date. -- April 28, 2006.
1.5. Forms. -- An index of current forms and copies of any forms currently used under or required by this rule may be obtained from the chief. The Office of Oil and Gas may prospectively amend any form at any time without notice to accord more fully with the requirements of W. Va. Code §22-21 and this rule.
W. Va. Code R. § 35-3-2 Definitions
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.
W. Va. Code R. § 35-3-3 Inspectors, Inspection Forms, Violations, Abatement
3.1. Violations, Findings and Orders. - Findings and orders of oil and gas inspectors concerning violations discovered during an inspection shall be recorded on the appropriate form listed in subsection 3.2. Such finding and orders shall not be construed to limit the office's power to initiate any other lawful proceedings concerning violations of W. Va. Code §22-21 et seq., or this rule.
3.2. Inspectors' Report Forms. - The report forms to be used by inspectors pursuant to W. Va. Code §22-21 will be those forms set forth in 35 CSR, section 3.
W. Va. Code R. § 35-3-4 Permit Required for Coalbed Methane Well; Permit Fee; Soil Erosion Control Plan
4.1. Application for Permit; Issuance, Conditions, and Modifications.
4.1.a. An application for any well work permit required for a CBM Well, except permits to plug a well, shall be made on Form WW-5B, "Application for Coalbed Methane Well Work Permit," and shall be accompanied by:
4.1.a.1. A "Notice of Application for a CBM Well Work Permit" in the form prescribed by W. Va. Code §22-21-9;
4.1.a.2. A plat in the form prescribed by §22-21-6 (5) and W. Va. Code §22-6, and further described in section 9 of this rule;
4.1.a.3. A Performance Bond, Corporate Security, or other security in one of the forms prescribed by W. Va. Code §22-6-26, or in lieu thereof cash or collateral security allowed by W. Va. Code §22-21-8;
4.1.a.4. Form WW-9, "Construction and Reclamation Plan," applicable to the plan required by W. Va. Code §22-21-6(d) and a plan for performing the reclamation required by section 14 of this rule;
4.1.a.5. With any initial application to drill a Coalbed Methane well the fees required by W. Va. Code §22-21-6(c)(2) (application fee of two hundred fifty dollars), W. Va. Code §22-6-29, (special reclamation fee of one hundred dollars) and any fees associated with any environmental permits required under Chapter 22;
4.1.a.6. If applicable, the consent required by W. Va. Code §22-6-21;
4.1.a.7. If stimulation of the well is proposed, the consent required by W. Va. Code §22-21-7 or in lieu thereof the request for hearing prescribed by W. Va. Code §22-21-7(b);
4.1.a.8. Copies of statements of no objection from persons entitled for notice pursuant to W. Va. Code §22-21-7;
4.1.a.9. A statement describing whether any users under subdivision 13.3.e were identified and the manner in which any such users were provided with notice as required under subdivision 13.3.f; and
4.1.a.10. If applicable, the consent required by W. Va. Code §22-21-20.
4.1.b. Where there is more than one type of well work, a single application may be used provided all such well work is noted on the Form WW-5b filed in connection therewith.
4.1.c. The applicant for any permit mentioned in this rule must file an original and two (2) copies of the Application and an original and four (4) copies of the Notice, plat and, except for application for a permit to plug a CBM Well, a Construction and Reclamation Plan.
4.2. Notice to Surface Owners of Record; Proof of Notice; Comments.
4.2.a. For purposes of notice of surface owners of record, pursuant to W. Va. Code §22-21-6, the applicant CBM well operator shall be entitled to assume, subject to performing the public record review described in subdivision 4.2.b. below, that the specific person(s) listed on the relevant tax ticket(s) maintained by the Sheriff pursuant to W. Va. Code §11A-1-8 (as distinguished from the listing of an estate, or of person(s) as "agent" or with "et al" or "heirs" or other designation indicating unspecified owners or record) were in fact surface owners of record when the tax ticket was prepared.
4.2.b. To establish that a surface owner identified on a tax ticket has not transferred an interest in the surface, the CBM well operator must review, from the date the surface owner acquired the surface, or for ten (10) years prior to the date of the review, whichever period is shorter, the "Grantor Index" and the "Fiduciary Index" maintained in the office of the Clerk of the County Commission. If the review identifies surface owner(s) in replacement of or in addition to the tax ticket listing, all successor names shall likewise be checked in the Grantor and Fiduciary Indexes to establish the surface owner(s) of record on the date the review is made.
4.2.c. Where the relevant tax ticket(s) list an estate, or list person(s) as "agent" or with "et al" or "heirs," or other designation indicating unspecified owners of records in the office of the clerk of the county Commission to determine whether the total number of such owners is more than three (3) and, if the total number of such owners is three (3) or less, the names(s) of the surface owner(s) of record on the date the review is made.
4.2.d. If the identification of the surface owners of record is made pursuant to the criteria of subdivisions 4.2.a., 4.2.b. or 4.2.c. within ninety (90) days of the date of filing of the application for a permit, the CBM well operator need not review the records again prior to the filing.
4.2.e. Except where notice by publication is permissible under the provisions of W. Va. Code §22-21-9(c), the notice to surface owners of record required by W. Va. Code §22-21-9 shall consist of true, complete copies of all documents required under subdivision 4.1.a. of this rule and shall contain a statement of the methods and time limits for filing comment and objection, who may file comment and objection, the name and address of the chief with whom the comment and objection must be filed, the ability to obtain additional information from the chief, the fact that such persons may request notice of the permit decision, and a list of persons qualified to test water as provided in this section.
4.2.f. All comments filed pursuant to the provisions of W. Va. Code §22-21-10 shall be in writing, and should contain the name, address and telephone number of the person filing the comment, the CBM well operator's name and CBM well number, and the approximate location of the proposed CBM well site including district and county as indicated in the permit application. Comments may be accompanied by other pertinent documents. Other than as prescribed in this rule, no particular form for the comment is prescribed.
4.2.g. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process, or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the CBM well operator. If service is effected by certified mail, service is effective upon mailing and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.
4.2.h. Notice of publication under the provision of W. Va. Code §22-21-9(c) shall be substantially as provided in Form WW-71CBM. Proof shall be supplied by affidavit of publication from the newspaper.
4.2.i. No permit will be issued until all required proof of notice has been filed with the chief.
4.3. Notice to Coal Owners or Operators, Proof of Notice.
4.3.a. Notice to Coal Operators, Owners or Lessees - A copy of the completed notice and application of any CBM well permit as required by W. Va. Code §22-21-6, including the associated Construction and Reclamation Plan, Consent and Agreement (if applicable), Plat, and Certificate of Notice required by subdivision 4.3.c., shall be used as the form of the notice to Coal Operators, Owners or Lessees required by W. Va. Code §§22-21-6, 22-21-7 and 22-21-9, and shall be mailed by registered or certified mail to coal operators, owners or lessees.
4.3.b. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process, or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the CBM well operator. If service is effected by certified mail, service is effective upon mailing and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.
4.3.c. Notice of publication under the provisions of W. Va. Code §22-21-9 shall be substantially as provided in Form WW-71CBM. Proof shall be supplied by affidavit of publication from the newspaper.
4.3.d. No permit will be issued until all required proof of notice has been filed with the chief.
4.4. Notice to Natural Gas Owners, Lessees, and Operators.
4.4.a. A copy of the completed notice and application of any CBM well permit including the plat shall be used as the form of Notice required to be provided to each owner and lessee of record and each operator of natural gas surrounding the well bore of a proposed CBM well and existing in formations above the top of the uppermost member of the "Onondaga Group" or at a depth less than six thousand feet, whichever is shallower, pursuant to W. Va. Code §22-21-9. Notices to gas operators shall be sufficient if served upon the agent of record with the office of oil and gas.
4.4.b. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process, or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the CBM well operator. If service is effected by certified mail, service is effective upon mailing and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.
4.4.c. Notice of publication under the provisions of W. Va. Code §22-21-9 shall be substantially as provided in Form WW-71CBM. Proof shall be supplied by affidavit of publication from the newspaper.
4.4.d. No permit will be issued until all required proof of notice has been filed with the chief.
4.5. Review of Application; Issuance of Permit for CBM well in the absence of objections.
4.5.a. The chief shall review each application for a CBM well work permit and shall determine whether or not a permit shall be issued.
4.5.b. No Permit shall be issued less than fifteen days after the filing date of the application for any CBM well work except plugging or replugging; Provided, that if the applicant certifies that all persons entitled to notice of the application under the provisions of W. Va. Code §22-21-9 have been served in person or by certified mail, return receipt requested, with a copy of the CBM well work application, including the erosion and sediment control plan, and the plat and further files written statements of no objection by all such persons, the chief may issue the CBM well work permit at any time.
4.5.c. Subject to the requirements of W. Va. Code §22-21-22, no permit for plugging or replugging shall be issued less than five days after the filing date of the application except a permit for plugging or replugging a dry hole: Provided, that if the applicant certifies that all persons entitled to notice of the application under the provisions of W. Va. Code §22-21-9 have been served in person or by certified mail, return receipt requested, with a copy of the CBM well work application, including the erosion and sediment control plan, and the plat and further files written statements of no objection by all such persons, the chief may issue the CBM well work permit at any time.
4.5.d. The chief may cause such inspections to be made of the proposed CBM well work location as to assure adequate review of the application. The permit shall not be issued, or shall be conditioned, including conditions with respect to the location of the well and access roads, prior to issuance if the chief determines that:
4.5.d.1. The proposed CBM well work will constitute a hazard to the safety of persons; or
4.5.d.2. The plan for soil erosion and sediment control is not adequate or effective; or
4.5.d.3. Damage would occur to publicly owned lands or resources; or
4.5.d.4. The proposed CBM well work fails to protect fresh water sources or supplies.
4.5.e. The chief shall promptly review all comments filed. If after review of the application and all comments received, the application for a CBM well work permit is approved, and no timely objection or comment has been filed with the chief under the provisions of W. Va. Code §§22-21-10, 22-21-11 and 22-21-22, the permit shall be issued, with conditions, if any.
4.6. Consent and Agreement of Coal Owner or Operator.
4.6.a. Evidence of the Coal Owner, lessee, or operator consent and agreement as required by W. Va. Code §22-21-6 shall be submitted to the chief on Form WW-5A and shall become a part of the permanent well record.
4.6.b. In the absence of the applicant submitting evidence of a consent and agreement on Form WW-5A, a request for hearing before the board may be submitted accompanied by an affidavit which shall include all the information required by W. Va. Code §22-21-7.
4.7. Issuance of Permits.
4.7.a. The determination to deny a permit under the provisions of W. Va. Code §22-21-6(g), or to deny or condition a permit under the provisions of W. Va. Code §22-21-12 shall be in writing and issued within thirty (30) days from the date the Notice and Application in complete form with the required documents are filed, except in those cases where comments or objections have been filed pursuant to W. Va. Code §§22-21-10 and 22-21-11 or where an applicant has submitted a request for hearing before the Board as provided by W. Va. Code §22-21-7(b).
4.7.b. The determination to deny, issue or condition a permit under the provisions of W. Va. Code §22-21-13, shall be in writing and issued within thirty (30) days from the date of receipt of the Coalbed Methane Well Review Board order by the chief in complete form with all documents as required.
4.7.c. In the absence of a pooling order or an order establishing special field rules issued by the Board, no permit to drill a CBM well within 100 feet of the outermost boundary of a coalbed methane tract, leased premises, or unit from which coalbed methane will be produced or within 1,600 feet of an existing CBM well for which a permit application is on file, shall be issued by the chief unless the CBM well operator has provided consent as required by W. Va. Code §22-21-20.
4.7.d. The permit and any conditions to or modifications of the proposed permitted well work shall be issued by endorsement on or attachment to the "Permit" copy of the Application Form WW-5B.
4.7.e. Any permit issued shall expire automatically unless the permit well work is commenced within twenty-four (24) months of the date the permit was issued. No permit shall be extended to authorize the commencement of well work after the expiration date of twenty-four (24) months.
4.7.f. Upon the issuance of any permit pursuant to the provisions of this article, the chief shall transmit a copy of such permit to the Office of the Assessor for the county in which the well is located.
4.7.g. Upon the issuance or denial of any permit pursuant to the provisions of this article, the chief shall transmit a copy of such permit or denial to all persons noticed in the permit application pursuant to W. Va. Code §22-21-9.
4.8. Prior to the construction of roads, locations and pits for any permitted well work, the CBM well operator or his contractor shall notify the appropriate oil and gas inspector and allow the opportunity of inspecting and approving the construction and method of reclamation for all proposed areas to be disturbed in siting, drilling, completing or producing the well. In addition, the CBM well operator or his contractor shall notify the appropriate district oil and gas inspector twenty-four (24) hours before actual permitted well work is commenced.
4.9. Drilling prohibition 200 feet - No coalbed methane well shall be drilled nearer than two hundred feet from an existing water well or dwelling without first obtaining the written consent of the owner of such water well or dwelling.
W. Va. Code R. § 35-3-5 Casing Requirements - Coalbed Methane Wells
5.1. Fresh Water Casing - For each coalbed methane well, the operator shall run and permanently cement a string of casing through the fresh water bearing strata. The fresh water protective casing shall extend at least thirty (30) feet below the deepest fresh water horizon (that being the deepest horizon which will replenish itself and from which fresh water or usable water for household, domestic, industrial, agricultural, or public use may be economically and feasibly recovered) and shall have cement circulated in the annular space outside the casing. The volume of cement needed shall be calculated using approved engineering methods to assure the return of the cement to the surface. In the event cement does not return to the surface, the district Inspector shall be notified. If the top of cement cannot be located using sound engineering practices approved by the chief or his authorized representative, then an electric log or similar technology approved by the chief shall be used. Sound engineering practice approved by the chief or his authorized representative shall be used to fill the annular space back to the surface. Requests to approve methods, other than pre-approved practices, shall be acted upon by the chief or his authorized representative within twelve (12) hours of actual notice to the chief or his authorized representative, otherwise the request will be deemed approved. In no case shall the fresh water casing penetrate salt water or extend below sea level. There shall be no oil and gas production through the fresh water casing for new wells or the redrilling of existing wells permitted on or after August 1, 1993. Variances from the requirements of this section shall be granted on a site specific or area basis in accordance with section 16 of this rule.
5.2. Casing When Drilling Encounters Coal Seams.
5.2.a. Coal Protection String - Except for those coalbeds which the coalbed methane operator proposes to complete for production or produce from, or where a ventilation hole is being converted to a well, when a well penetrates one or more workable coalbeds, the well operator shall run and cement a string of casing in the hole through the workable coalbed or beds in such a manner as will exclude all oil, gas or gas pressure from such coalbed or beds, except such oil, gas or gas pressure as may be naturally present in each coal seam. Such string of casing shall have cement circulated in the annular space outside the casing. The casing shall either be cemented to the surface or at least into the fresh water casing to at least 100 feet above the uppermost workable coal seam. If the casing is not cemented to the surface, the operator will demonstrate that the casing has been cemented to 100 feet above the uppermost workable coal seam. The volume of cement needed shall be calculated using approved methods to assure cementing to the required level. In the event cement does not return to the required level, every reasonable attempt will be made to fill the annular space by introducing cement from the surface.
The fresh water casing may be extended through the workable coal seams and also serve as the coal protection string provided the casing is cemented as required in subsection 5.1 through the fresh water horizons, and subsection 5.2 through the workable coal seams, and subdivision 5.2.b regarding when a worked-out coal seam is encountered.
5.2.b. When Drilling Encounters a Mined Zone - Except where the horizon of a previously mined coalbed and its associated gob are expected to be the producing zone, when a coalbed methane well is drilled through the horizon of a coalbed from which the coal has been removed, the hole shall be drilled at least thirty feet below the coalbed, of a size sufficient to permit the placing of a liner which shall start not less than 20 feet below the coal seam and extend not less than 20 feet above the void created by the mined area. This liner, which may be welded to the casing being used, shall be centered in the borehole, and the space between the liner and casing shall be filled with cement as they are lowered into the hole. Cement shall be placed in the bottom of the hole to a depth of at least 20 feet to form a sealed seat for both liner and casing.
Following the setting of the liner, drilling shall proceed in the manner provided in subdivision 5.2.a. Should it be necessary to drill through the horizon of two or more workable coalbeds from which the coal has been removed, such liner shall be started not less than 20 feet below the lowest such horizon penetrated and shall extend to a point not less than 20 feet above the highest such horizon, provided that, where two or more horizons from which the coal has been removed are sufficiently far apart, separate liners for each horizon or combination of horizons from which coal has been removed may be used. In any event, each segment of liner shall start not less than 20 feet below the lowest such horizon penetrated and extend to a point not less than 20 feet above the highest such horizon.
5.3. For gob wells, drilled after the effective date of this rule and vent holes converted to gob wells, a single string of casing may be used as the fresh water, coal protection and the production casings. In any event, a string of casing shall extend 30 feet below the deepest fresh water horizon (that being the deepest horizon which will replenish itself and from which fresh water or usable water for household, domestic, industrial, agricultural, or public use may be economically and feasibly recovered). Such casing shall have cement circulated in the annular space outside the casing. The volume of cement needed shall be calculated using approved methods to assure the return of 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.
5.4. Production Casing - For all coalbed methane wells, production casing shall, through cementing or other mechanical means such as a packer, be set in such a manner as to prevent the migration of stimulation pressure or fluid, or any produced gas or water into the space between the well bore or any other casing set and the production casing.
The coal protection string may also serve as the production casing. However, if the fresh water casing and the coal protection string are the same as provided for in subdivision 5.2.a, then a separate string of casing shall be used as the production string, except for those wells as provided for in subsection 5.3.
5.5. Cement Type and Strength - When cement is used to fill the annular space around the casing required in this section, it shall be American Petroleum Institute Class A Ordinary Portland Cement with no greater than three percent (3%) calcium chloride; provided that, if the coalbed methane operator furnishes satisfactory proof that different cement types are adequate, the chief may approve use of such different cement types.
The cement placed in the annular space around the casing shall be allowed to set to a minimum compressive strength of five hundred (500) pounds per square inch using approved engineering data for the type of cement used, or the waiting time for all cement used shall not be less than eight (8) hours.
5.6. Variances from Cementing Requirements - The chief may also allow, upon sufficient proof by the coalbed methane operator that it will not affect mine safety or fresh water aquifers and upon consent of all coal owners or operators effected, variances from the requirement of subdivision 5.2.1, and subsections 5.4 and 5.5 regarding the cementing of the coal protection and/or the production casing along its full length.
5.7. Drilling Practices Prior to Freshwater Casing - Prior to the cementing of the freshwater casing as required by subsection 5.1, drilling practices and procedures, such as air or water pressure and soaping, shall be conducted using operating practices so as to minimize damage or disturbance or the possibility of unnecessary damages or disturbance to the uncased strata/formations and groundwater contained in any of those formations. The requirements of this section shall not prevent the use of drilling practices and procedures reasonably necessary to the successful drilling of the well in a safe manner. The requirements of this section shall not be construed to prohibit practices specifically allowed by statute or other regulation.
5.8. Blowout Prevention Training - The well operator shall assure that at all times during the operation of the drilling rig a person shall be present that has successfully completed a training course on blowout prevention approved by the chief.
5.9. Well Identification - Every well shall have attached or stamped, in a permanent manner, the API identification number which consists of the state (047), county (001 through 109), and permit number. Such number shall be no less than one half (1/2) inch in height and detectable by any interested person approaching the well. Any additional information the well operator desires to display may be incorporated in such a manner that it will not confuse or distort the permanent API identification number.
W. Va. Code R. § 35-3-6 Notice of Plugging and Reclamation of a CBM Well; Right to Take Well; Objection; Plugging Order; Plugging for Mine Through
6.1. Notice of Intention to Plug and Abandon a CBM Well.
6.1.a. Prior to filing an application for a permit to plug a coalbed methane well under W. Va. Code §22-21-22, the applicant shall deliver by personal service or by certified mail, return receipt requested, copies of the application, well plat and erosion and sediment control plan to the following:
6.1.a.1. The "chief" as defined in W. Va. Code §22-21-2(i);
6.1.a.2. The owners of record of the surface of the tract on which the CBM well is located; and
6.1.a.3. The name and address of each coal operator and each coal owner and coal lessee of record, or providing a record declaration of notice pursuant to section thirty-six, article six of this chapter, of any coal seam which is (i) penetrated by the well; (ii) within seven hundred fifty horizontal feet of any portion of the well bore; or (iii) within one hundred vertical feet of the completed coal seams of the well, except that in the case of an application to plug a well which was converted from a ventilation hole, the name and address only of such owner or operator of the seams penetrated by the well shall be necessary.
6.2. An application for a permit to plug a CBM well shall be made on form, "Application to Plug and Abandon a CBM Well" and shall be accompanied by:
6.2.a. A plat in the form prescribed by W. Va. Code §22-21-6(C)(5);
6.2.b. The CBM well name, well number, and permit number or such other identification as the chief may require;
6.2.c. The anticipated date plugging operations will commence;
6.2.d. The total depth to which the well was drilled, deepened or converted, the coal seams (stating the depth and thickness of each seam) in which the well was completed for production, and any other coal seams (including the depth and thickness of each seam) which penetrated by the well; and
6.2.e. A certification to the chief the notice requirements of this article have been completed by the applicant. Such certification shall be by affidavit(s) of personal service or return receipt card(s), or other postal receipt(s) for certified mailing.
W. Va. Code R. § 35-3-7 Work Order: Manner and Method of Plugging a CBM Well
7.1. An applicant for a permit to plug a well shall set forth a detailed statement of the manner in which the work of plugging and filling such well is to be performed, including: 7.1.a Location (by depth);
7.1.b. Kind and length of plugs to be used and the method chosen to insure that no gap exists between the bottom of the coal protection string of casing and the expanding cement plug thereunder;
7.1.c. Plans for mudding, cementing, and filling;
7.1.d. Plans for altering or removing casing if required; and
7.1.e. All other pertinent information regarding said plugging and filling, all of which shall be in compliance with W. Va. Code §22-21-23. The information shall be submitted on Form WW-6B "Application to Plug and Abandon a CBM Well".
7.2. Rights of Coal Owner or Operator Pursuant to W. Va. Code §22-21-22(b).
7.2.a. Any coal owner or operator noticed within the "Application to Plug and Abandon" and whose coal seam is affected by such well shall have the following rights pursuant to W. Va. Code §22-21-22:
7.2.a.1. To convert the well to a vent hole or otherwise take the well. In such event the chief, upon determination that the coal owner or operator has placed the well under a mining permit, shall release the well operator's bond and the well operator shall be relieved of further responsibility for the well.
7.2.a.2. To file comment or objection with the chief, within fifteen (15) days after receipt of intent to plug, with respect to the proposed manner or method of plugging. The chief shall consider any such comment or objection and issue an order specifying the manner and method of plugging and reclamation.
7.3. Issuance of a Permit to Plug and Abandon a CBM Well.
7.3.a. The chief shall issue an order within fifteen (15) days after the expiration of the comment and objection period, either permitting or rejecting such application and endorsed on Form WW-6B. The issuance or rejection shall be mailed to all parties noticed on the application to plug and abandon a CBM well. In entering any such order, the chief shall give special consideration to the ability to mine any affected coal seam safely and the protection of any affected coal seam for future mining.
7.3.b. Verbal permission may be given pursuant to WV Code §22-6-23 (c) in the event the well to be plugged and abandoned is one on which drilling or working operations have been continuously progressing pursuant to authorization granted by the office. Any verbal permission shall be given by the chief, or the supervising inspector, or any inspector who is available to supervise the plugging work. Unless such verbal approval is given by the chief, the well operator shall notify the chief's office by telephone of such verbal approval no later than the next regular working day.
7.4. When any coalbed methane well is located in that portion of a coal seam which will be mined within six (6) months, the well operator shall, within sixty (60) days after notice from the coal owner or coal operator that the well is to be mined through, plug the well. The well shall be plugged in accordance with the requirements of section 8 of this rule.
W. Va. Code R. § 35-3-8 Plugging of Coalbed Methane Wells When a Workable Coal Seam is Encountered
8.1. All coalbed methane and gob wells shall be plugged upon abandonment and shall be plugged in accordance with a plan filed and approved by the chief. The approved method of plugging shall require the plugging of the well will be sufficient to allow the well to be mined through safely.
8.2. Method of Plugging.
8.2.a. Materials Used in Plugging. Any non-porous materials including gels and cements to be used in plugging must be specified in the work order portion of Form WW-6B. All cement, except where expanding cement is used in conjunction with plugging, shall be American Petroleum Institute Class A Ordinary Portland Cement with no greater than 3% calcium chloride and no other additives. All non-porous materials used in conjunction with plugging shall be at least six percent (6%) bentonite gel.
If the operator furnishes satisfactory proof that different cement or non-porous material types are adequate, the chief may approve use of such different cement or non-porous materials. Materials and cements must be of a kind and quality accepted by the oil and gas industry and approved by the chief as suitable for the intended purpose and which otherwise comply with all provisions of law and accepted standards. The chief may approve the use of non-standard material or cement.
8.3. Length of Plug - All cement plugs, other than those across coal seams, shall be at least one hundred (100) feet in length unless a variance from such a requirement is granted pursuant to section 16 of this rule.
8.4. Retrieving Casing and Completing a Seal - The operator shall make reasonable efforts to cut and pull all recoverable casing (as determined by methods approved by the chief or his authorized representative). Equipment used to pull recoverable casing shall be rated and rigged at or above one hundred and fifty percent (150%) of the estimated weight of the heaviest string of recoverable casing, unless otherwise approved by the chief or his authorized representative. Sufficient instrumentation shall be used to accurately indicate the pulling force applied. When the fresh water casing has not been cemented to surface and the casing cannot be pulled, the operator shall make reasonable attempts to perforate the casing and squeeze cement behind the casing in the vicinity of the fresh water zones to prevent the contamination of the fresh water zone.
8.5. Cleaning Out and Preparing Wells.
8.5.a. The well shall be cleaned out along its entire length or, in the case of gob wells, if it is not feasible to clean out along the entire length, the well shall be cleaned to the lowest practical depth or at least below the lowest workable coal seam.
8.5.b. Either at the time of drilling the well or at least prior to the application to plug, a suite of logs shall be made consisting of a caliper survey if an open hole section is to be plugged, directional deviation surveys (at a minimum), logs or drillers' records suitable for determining the top and bottom of all coalbeds, logs or other mechanical means to determine the lengths along the casing where cement is present, and the location of the bridge plugs. If the required logs are done at the time of drilling, then they shall be filed with the chief and be available to the coal owner and operator.
8.5.c. When cleaning out a well, and based on the information determined in subdivision 8.5.a of this rule, a diligent effort will be made to remove all uncemented casing from at least 200 feet below to 100 feet above each workable coal seam in the well bore. Any remaining uncemented casing, as determined by cement bond log, shall be perforated or ripped at a minimum of 200 feet below and 100 feet above each workable coalbed at intervals spaced close enough to permit expanding cement slurry to infiltrate the annulus between the casing and the well bore.
8.5.d. The wellbore shall be completely filled and circulated with a gel that inhibits any flow of gas, supports the walls of the borehole, and densifies the expanding cement. This gel shall be pumped through open-end tubing run into the well.
8.6. Plugging Coalbed Methane Wells to the Surface. The following procedures shall be used when plugging coalbed methane wells to the surface:
8.6.a. A cement plug shall be set in the wellbore by pumping an expanding cement slurry down the tubing to displace the gel and fill the borehole to the surface. As an alternative, after the expanding cement slurry is pumped down the tubing so that the wellbore is filled to a point approximately 100 feet above the top of the topmost workable coalbed, materials permitted under subsection 8.2 of this rule may be used to fill the wellbore from that point to the surface.
8.6.b. A small quantity of steel turnings, or other detectable material, shall be embedded in the top of the cement near the surface to serve as a permanent magnetic monument of the borehole.
8.7. Plugging Coalbed Methane Wells Using the Vent Pipe Method. The following procedures shall be used when using the vent pipe method for plugging coalbed methane wells:
8.7.a. A vent pipe sized appropriately based on the existing casing in the well shall be run into the wellbore to a depth of the lesser of the bottom of the well or 100 feet below the workable coalbed and cemented to 100 feet above the uppermost workable coalbed.
8.7.b. A cement plug shall be set in the wellbore by pumping an expanding cement slurry, Portland cement, or a Portland cement-fly ash mixture down the tubing to displace the gel so that the borehole is filled with cement. The borehole shall be filled with expanding cement from the bottom of the well to 100 feet above the target seam or producing horizon.
8.7.c. All fluid shall be evacuated from the vent pipe to facilitate testing for gases.
8.7.d. The top of the vent pipe shall be protected to prevent liquids or solids from entering the wellbore, but permit ready access to the full internal diameter of the vent pipe when necessary.
8.7.e. The vent shall extend at least 30 inches above the ground and have a tag affixed with the well identification or in some manner identify the well.
8.8. The chief may allow alternate plugging methods or waive certain of the requirements of subsections 8.5 and 8.6 provided the coal owner and operator consents in writing to such alternate methods. The chief may also require additional steps to be taken during plugging to insure conformance with any requirements a state or federal agency which has jurisdiction over mine safety may impose or require for a safe mine through of the well.
8.9. An affidavit of plugging shall be filed with the chief, stating the plugging method used and any deviations from the proposed plugging plan.
8.10. Plugging when a coalbed methane well does not encounter a workable coalbed, including the target horizon, or a gob well does not encounter a workable coal seam.
8.10.a. When a coalbed methane well or gob well does not encounter a workable coalbed, upon abandonment shall be plugged in accordance with the provision of this section.
8.10.b. All materials used in plugging shall be in accordance with subsection 8.2 of this rule.
8.10.c. The wellbore shall be filled from the bottom of the well with non-porous material and cement to the surface. At a minimum, a cement plug extending from the surface to a depth of 100 feet shall be placed in the well.
8.10.d. An affidavit of plugging shall be filed with the chief by the operator stating the method of plugging used and any deviation from the plugging plan.
8.11. Permanent Marker. - Except as provided below, upon the completion of the plugging and filling of any abandoned CBM well which was not subsequently converted to a vent hole by the coal operator, a permanent monument or marker consisting of a length of pipe (minimum diameter size six (6) inches) filled with concrete (or the equivalent thereof approved by the chief) shall be erected over the well. The marker shall extend no less than thirty (30) inches above the surface and no less than ten (10) feet below the surface and into the well, and shall be sealed with concrete for the purpose of making the marker permanent. The API well identification number which consists of the state (047), county (001 through 109), and permit number shall be attached or stamped in a permanent manner to said monument. Such number shall be no less than one half (1/2) inch in height and detectable by any interested person approaching the monument. The erection of a monument shall in no way interfere with the bleeder pipe from the well where such pipe is required, or the vent or other device installed pursuant to W. Va. Code §22-6-24. Such monument shall be accurately described on Form WR-38, "Affidavit of Plugging and Filling Well" as well as the time and manner of plugging and filling and shall be approved by the chief as a satisfactory landmark which may be used as such in the location of adjacent wells. Two (2) permanent reference points with courses and distances from the abandoned well shall be designated and prescribed on the plat required by 35 CSR 4, subdivision 5.2.d, in the form prescribed by 35 CSR 4, section 9, accompanying the Form WW-6A, "Notice of Intention to Plug and Abandon a Well", or if any change in the plat is necessary, accompanying Form WR-38, "Affidavit of Plugging and Filling Well".
W. Va. Code R. § 35-3-9 Form and Contents of Plats
9.1. Statutory Requirements for Plats - Any plats required to be furnished under W. Va. Code §§22-21-6 or 22-21-15 shall contain all information specified in those statutory sections.
9.2. Additional Requirements for Plats - Any plat required to be furnished under W. Va. Code §§22-21-6 or 22-21-15 for coalbed methane wells shall conform to the standards of accuracy and depiction for plats for wells:
9.2.a. The plat shall conform to the standards and depictions set forth in 35 CSR 4, subdivisions 9.2.a. through 9.2.h.
9.2.b. Topographic Map Location of Coalbed Methane Well - The topographic map location of the coalbed methane well for which any permit application is made pursuant to W. Va. Code § 22-21-6 shall be shown on the plat by a "cross" with the measured distance in feet from the nearest two point five (2.5) minute latitude and longitude intersection using the North East (upper right) border of the plat on a seven point five (7.5) minute (1:24,000) topographic map. Each plat shall indicate the quadrangle name of the topographic map used.
9.2.c. Wells - All wells, including coalbed methane wells, within the scope of the plat, whether active, drilling or abandoned, shall be shown. The scope of every plat shall be sufficient to show all wells within two thousand five hundred (2,500) feet of the well which is the subject of the application. Each well so shown, including the subject well, shall bear a designation that permits the type (oil, gas, coalbed methane, liquid injection, under W. Va. Code §22-6-14 underground storage, or storage observation) and status (active, abandoned, or drilling) of each such well to be determined by use of the API permit number (excluding state and county) for each well having such a permit number, and in parenthesis, and following the API number if such is listed, the kind and status numbers and symbols provided for in 35 CSR 4, paragraphs 9.2.k.1 through 9.2.k.6, and 35 CSR 4, subdivision 9.2.1.
9.2.d. Other Surface Features - In addition to the surface features and owner identification data required by statute or by the foregoing specification of subsection 9.2, the plat shall also show the following surface features lying within the scope of the plat:
9.2.d.1. Dwellings within two hundred (200) feet of the well for which any such permit is being sought;
9.2.d.2. Water wells within two hundred (200) feet of the well, for which any such permit is being sought;
9.2.d.3. Stream; and
9.2.d.4. Roads and highways,
9.2.d.5. Applicable boundaries as described in W. Va. Code §22-21-20.
9.2.e. Names - The plat shall show:
9.2.e.1. The information specified in W. Va. Code §22-21-6(c)(5);
9.2.e.2. If the application is for a drilling unit, the information specified in §22-21-15(c)(1); Provided, however, that upon establishment of any drilling unit by the Board that differs from the applicant's original unit as shown in said plat, the applicant shall revise the plat so that the information is consistent with the unit established by the Board; and
9.2.e.3. Any other information the chief may require.
9.3. Plat Certification - The plat shall be certified pursuant to the requirements of 35 CSR 4, subsection 9.3.
9.4. Re-use of Plats - Following issuance of an initial permit for a CBM well, any subsequent application for a new permit involving the same CBM Well may be accompanied by an accurate copy of the plat accepted by the Office for use with the permit issued for the most recent previous application, updated as necessary to reflect new data or additional data not required by statute or this rule; provided, that a new certification as required by subsection 9.3 of this rule shall be necessary.
Permanent Character of Plats - The plat submitted under section 9 of this rule shall be of permanent character as specified in 35 CSR 4, subsection 9.5.
W. Va. Code R. § 35-3-10 Rules Applicable to Separate Bonds; Blanket Bonds; Financial Responsibility; Financial Security for Stimulation in the Absence of Consent of Affected Coal Operators or Owners; Regulation; Designation of Agent; Transfer of Title and Operator Status; Transfer Procedures; Periodical Circular; Ineffective Bonds; and Financial Responsibility
10.1. Separate Bonds - Each permit application filed after the effective date of this rule for a coalbed methane well shall be accompanied by a separate bond with corporate surety or cash or other collateral security in compliance with W. Va. Code §22-21-8 and shall be submitted with Form OP-7, "Bond for Single Well", except where (a) a blanket bond is being furnished pursuant to W. Va. Code §22-21-8(c); or (b) the permit application is for a permit to convert an existing oil or gas well to a coalbed methane well or to plug a coalbed methane well which is already subject to corporate surety, cash or collateral security which satisfied applicable requirements at the time such corporate surety, cash or collateral security was furnished. Any corporate surety bond, cash or collateral security furnished prior to the effective date of this rule shall remain in effect for the office until such time as the well operator is issued any new determination of financial responsibility as may be required by this rule.
10.2. Blanket Bonds - Any blanket bond for coalbed methane wells furnished after the effective date of this rule, shall have corporate surety or cash or other collateral security and shall be submitted with Form OP-8 "Blanket Bond for Wells." Any blanket bond with corporate surety, cash or collateral security furnished in connection with any coalbed methane permit or permits issued prior to the effective date of this rule, shall remain in effect for the benefit of the office until such time as the well operator is issued any additional permit and such well operator has furnished new or additional corporate surety cash or collateral security complying with W. Va. Code §22-21-8; provided, that if a blanket bond furnished prior to the effective date of this rule complies with the requirements of W. Va. Code §22-21-8, a new blanket bond shall not be required to be submitted with a permit application; provided, further, that if a permit application is for a permit to plug a well which is already subject to a corporate surety, cash or collateral security which satisfied applicable requirements at the time such corporate security, cash or collateral security was furnished, no additional corporate security, cash or collateral security shall be required. Any corporate surety bond, cash or collateral security furnished prior to the effective date of this rule shall remain in effect for the office until such time as the well operator is issued any new determination of financial responsibility as may be required by this rule.
10.3. Financial Security for Individual Coalbed Methane Wells that will be Stimulated in the Absence of consent of Affected Coal Owners or Operators.
10.3.a. In addition to the bond required by W. Va. Code §22-21-8, where a board order directs the chief to issue a permit authorizing stimulation in the absence of consent of the affected coal operators or owners of workable coal seams, prior to the chief issuing the permit the applicant must file Form OP-10, "Bond to Stimulate Coalbed Methane Well in the Absence of Coal Owner/Operator's Consent" which form shall be accompanied by a separate bond with corporate surety or cash or other collateral security in the amount set by order of the board pursuant to W. Va. Code §22-21-13(d)(5).
10.4. Registration; Designated Agent; Transfer of Title for Coalbed Methane Well.
10.4.a. All persons owning or operating or proposing to own or operate any coalbed methane well in West Virginia shall register with the chief. In all cases an agent or attorney in fact shall be designated on Form OP-1, Operator Registration and Designation of Agent by and for each CBM well or operator, upon whom process, notices, orders and other communications issued pursuant to W. Va. Code §22 may also be served; but the designation shall not be effective until it has been accepted in writing by the designee and approved by the office. Every well owner or operator who has designated such agent or attorney in fact shall within five (5) days after termination of such designation, notify the office of such termination and designate a new agent on Form OP-1. This rule applies to all well operators, not merely those whom W. Va. Code §22-21-6, subsection (e), specifically requires to designate an agent; provided, that a well operator who is a natural person and a resident of the State of West Virginia may list himself instead of an agent for service of all papers.
10.4.b. When title to a CBM well or the right to operate a CBM well is transferred from one (1) well owner to another, the chief shall be notified in writing within five (5) days by the transferor well owner of the name and address of the transferee well owner. A copy of such notification shall be delivered to the transferee well owner. Failure to notify the chief of such transfer shall be a violation of this rule by said transferor and shall be punishable under W. Va. Code §22-21-28; and in addition all bonds of such transferor under W. Va. Code §22-21-8 shall be forfeited.
10.4.c. The transferee well owner shall forthwith register with the office if he has not previously registered such ownership. In any event, said transferee shall forthwith notify the office of his designated agent or attorney in fact pursuant to subdivision 10.4.a of this rule, unless a designation has already been made and approved. The transferee well owner shall file with the office the well name and the permit number of the subject well. The county and district in which the subject well is located, the names and addresses of the transferor well owners and the transferee well owners, a copy of the instrument of assignment or transfer, or a certification of such assignment or transfer acceptable to the chief, and the applicable bond, cash, or collateral security, described in W. Va. Code §22-21-8.
10.4.d. No assignment or transferor owner shall relieve the transferor well owner of any obligation and liabilities pursuant to this rule, or W. Va. Code §22-6 or §22-21, unless and until the transferee well owner files with the office the well name and the permit number of the subject well, the county and addresses of the transferor well owners and the transferee well owners, a copy of the instrument of assignment or transfer acceptable to the chief, the bond, cash or collateral security, which satisfies the requirements of W. Va. Code §22-21-8, and the name and address of the transferee well owner's designated agent, if the transferee well owner would be required to designate such an agent under W. Va. Code §22-21-6.
10.4.e. Upon compliance with the requirements of subdivisions 10.4.b and 10.4.c. of this rule by the transferor well owner and transferee well owner, the chief shall release the transferor well owner from all duties and requirements of this rule, and the chief shall give written notice of release to the transferor well owner of any bond and return to the transferor well owner any cash or collateral securities deposited pursuant to W. Va. Code §§22-21-6, 22-21-9 or 22-21-8.
10.5. Filing requirements and procedure for the transfer of operator and declaration of operator status.
10.5.a. General requirements - The procedures of 35 CSR 4, subsections 10.4. and 10.5, shall apply to coalbed methane wells.
10.6. Transfer Procedures.
10.6.a. If for any reason the bond or other proof of financial responsibility on a well is rendered invalid or ineffective, the operator shall have sixty (60) days in which to replace such bond or other proof of financial responsibility. In the event such bond or other proof of financial responsibility is not replaced, then the chief shall order the well to be shut in and may order the well to be plugged.
10.7. Nothing in this section shall prohibit the chief from accepting and holding bonds or other form of financial responsibility from more than one competing interests.
W. Va. Code R. § 35-3-11 Waste
11.1. All CBM well Operators, owners, drillers or contractors shall use reasonable efforts to prevent waste of coalbed methane as defined in W. Va. Code §22-21-2(q).
W. Va. Code R. § 35-3-12 Records and Reports
12.1. Well Records. - Each CBM Well Operator or his contractor shall comply with all the applicable requirements of 35CSR4, subsections 12.1 and 12.2, related to records required to be kept or submitted to the chief.
12.2. Annual Reports of Production. - Each CBM Well Operator shall submit to the chief the annual report of production as required by 35CSR4, section 15.
12.3. Within 30 days after the completion of stimulation of a CBM Well, the CBM Well Operator shall certify on Form WW-30, "Affidavit of Stimulation of CBM Well," the details of the actual stimulation performed, copies of which shall be submitted to the chief and to the coal owners or operators entitled to notice pursuant to W. Va. Code §22-21-14(c).
12.4. Accident Reports. - If any explosion or other accident causing loss of life or serious personal injury occurs in or about a well or during the drilling, completing or plugging of a well, the CBM Well Operator or his contractor shall give notice, by the most expedient means practical, of the particulars of the explosion or accident to the district oil and gas inspector or the chief.
12.5. Annual Inspection. - The operator shall conduct an inspection at the surface of each unplugged well at which drilling has been completed more than five (5) years. Such an inspection shall be conducted no less frequently than once each calendar year in a method approved by the chief. Certification of the performance of such inspection, in a form approved by the chief, shall be filed with the Office of Oil and Gas in conjunction with the operator's annual report as required under subsection 12.2 of this rule. Should the operator detect evidence of any significant leakage or other indications of casing integrity failure, the operator shall give notice to the Office of Oil and Gas and take such measures as may be appropriate to eliminate or mitigate the leakage.
W. Va. Code R. § 35-3-13 Water Protection, Testing and Redemption
13.1. Before commencing to drill any CBM well, the CBM Well owner or operator shall make proper and adequate provision to prevent surface and underground water pollution as required by W. Va. Code §22-6-7 and 35CSR1.
13.2. When drilling of a CBM well penetrates a formation known to contain substantial amounts of salt water, drilling will continue to the next casing point by drilling with mud, foaming, or other satisfactory methods for the purpose of isolating the salt water in the formation or preventing the discharge of salt water per se into a fresh water horizon, or above the surface of the ground. In the case of foaming, it is recognized that a certain amount of salt water, mixed with the cuttings, will be discharged above the surface of the ground which will be contained in sump pits no larger than necessary for this purpose.
13.3. Water Testing Rights and Obligations.
13.3.a. Prior to drilling a CBM well at the request of the owners of record of the surface tract as defined in W. Va. Code §22-6-9, or an occupant of land within one thousand (1,000) feet of the proposed well, the CBM well operator shall sample and analyze, in accordance with this section, water from any wells or springs located within one thousand (1,000) feet of the proposed CBM well that is actually used by such owner or occupant for human consumption, domestic animals, or other general use.
13.3.b. If, prior to drilling, no request is made of the CBM well operator pursuant to the previous subsection, the CBM well operator shall sample and analyze, in accordance with this section, water from any one known and existing well or spring within one thousand (1,000) feet of the proposed well. If more than one such well or spring exists, the CBM well operator shall select for sampling and analysis the one well or spring that, in the CBM well operator's judgment, has the highest potential for being influenced by the CBM well operator's well work.
13.3.c. If for any reason the CBM well operator is unable to sample and to analyze water from any such water wells or springs within one thousand (1,000) feet of the CBM well operator's proposed well, the chief may require the operator to sample and to analyze in accordance with this section water from one existing well or spring located between one thousand (1,000) feet and two thousand (2,000) feet from the CBM well operator's proposed well.
13.3.d. At a CBM well operator's discretion, any or all water wells or springs within one thousand (1,000) feet of CBM well operator's proposed well may be sampled and analyzed in accordance with this section.
13.3.e. Surface Owner Notice - The CBM well operator shall give notice to the owner of record of the surface tract as defined in W. Va. Code §22-6-9 of the right of the user who is either an owner or occupant to request the CBM well operator to sample and analyze a well or spring in accordance with subdivision 13.3.a of this section. The CBM well operator shall be deemed to have satisfied this requirement if notice is provided by the same methods used in conjunction with the permit application.
13.3.f. Additional Notice - The CBM well operator shall make a reasonable attempt to give additional notice of the right to request the operator to sample and analyze a well or spring in accordance with subdivision 13.3.a. of this section. The CBM well operator will be deemed to have satisfied this requirement if notice is provided by any of the following methods:
13.3.f.1. By personal service or by posting of notice at the entrance to any dwellings located within one thousand (1,000) feet and at any other locations within one thousand (1,000) feet of the CBM well operator's proposed well where the use of such water wells and springs is conspicuous;
13.3.f.2. Mailing of notice to dwellings located within one thousand (1,000) feet of the CBM well operator's proposed well and posting at any other locations within one thousand (1,000) feet of the operator's proposed well where the use of such water wells and springs is apparent; or
13.3.f.3. By any other means reasonably calculated by the chief to provide adequate notice to the occupant/user.
13.3.g. Form of Notice - The notice provided by the CBM well operator in accordance with this section shall be in a form approved by the chief, which, at a minimum, shall contain a statement of such user's right to request such sampling and analysis, advise such users of the independent right to sample and analyze any water supply at the expense of the user, advise such users as to whether the operator will use an independent laboratory, or not, to analyze any sample, and to advise such users of the availability through the chief of a list of laboratories.
13.3.h. Timing - The CBM well operator shall provide such notice prior to the time of the filing of any permit application with the chief.
13.3.i. Methods of Sampling - The CBM well operator shall collect and analyze samples in accordance with methods approved by the chief or set forth at 40 CFR Part 136.
13.3.j. Parameters - The CBM well operator shall analyze samples for the following parameters:
13.3.j.1. pH;
13.3.j.2. iron;
13.3.j.3. total dissolved solids;
13.3.j.4. chloride;
13.3.j.5. detergents (MBAS); and
13.3.j.6. any other parameters as determined by the CBM Well Operator.
13.3.k. Laboratories - The laboratory used by the operator shall be approved by the chief as being capable of performing sample analyses in accordance with this section.
13.3.l. Distribution of Results - The CBM well operator shall, no later than thirty (30) days after receipt of such sample analysis provide the results of such sample analysis in writing to the chief, and any of the users who may have requested such analysis in accordance with this section.
13.3.m. After notice as required by this section, the CBM well operator (or any other contractor or laboratory directed by the CBM well operator to collect samples of water for analysis by this section) may enter onto land upon which a water well or spring is located to conduct sampling as authorized.
13.3.n. If any owner of the land or use of the water well or spring protests or acts to block the right of entry, then the right of entry may be enforced by a court with jurisdiction to enter an injunction regarding the land upon which the source or supply is located. However, if any person acts to block the right of entry provided herein, the CBM well operator is not required to enforce this right of entry and shall not be liable for any penalty or loss of rights, privileges or permits based on the failure to exercise the right of entry and obtain the water sample otherwise required by this section. To the extent that a landowners refusal to allow a CBM operator to enter land restricts the CBM operator from compliance with other sections of this rule, the CBM operator is relieved of liability for such non-compliance.
13.4. The CBM well operator is liable for any reasonable actual damages done while gathering the sample required by this section. This provision does not limit other provisions of the law.
13.5. Groundwater Remediation - Where the facilities or activities of an CBM well 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 CBM well operator to identify, remove or mitigate the source of such contamination. Within thirty (30) days following written request by the chief, the CBM well 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.
W. Va. Code R. § 35-3-14 Operation and Reclamation
14.1. 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 under this series, 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, all reclamation shall be done under the supervision of the chief. The reclamation may be altered from that set out in said Form WW-9, if found necessary, with the consent of the chief of his designate, due to topography or other conditions not apparent upon initial submission and approval of the proposed reclamation methods.
14.2. Access Roads - All access road shall be constructed and maintained so as to prevent excess sedimentation, maintain natural drainage areas and, if practicable, to direct or carry away from disturbed areas surface water run-off from undisturbed areas.
14.3. Drilling Sites - Drilling sites shall be constructed and maintained to prevent surface run-off carrying excessive sedimentation from the site, to confine all materials leaked or spilled as a result of drilling operations to the drilling site and to prevent excess sedimentation by not placing in any stream any material moved or cut. Upon the plugging of a non-productive well, whether as a continuous operation with other permitted well work or otherwise, all cementing and other waste materials resulting therefrom shall be stored and disposed of accordance with the permits issued for the site.
14.4. Pits - All field constructed pits which are used to contain waste water shall meet the following minimum requirements:
14.4.a. Any pit shall be constructed and maintained so as to prevent seepage, leakage or overflows and to maintain its integrity.
14.4.b. Provisions shall be made for diverting surface water from the pits.
14.4.c. When an operator is unable to maintain adequate freeboard to prevent overflow from any pit, the district inspector shall be notified by the well operator and an additional pit (or alternative overflow facility) shall be constructed under the supervision of the chief which shall also meet the requirements specified in subsection 14.4 of this section.
14.4.d. If existing soil is not suitable to prevent seepage or leakage, other materials which are impervious shall be used as a liner for a pit. Any such liner shall be installed in such a manner as to protect the structural integrity of both pit and liner.
14.4.e. Dikes associated with pits shall be constructed of compacted material and maintained with a slope that will preserve the structural integrity of such dike.
14.4.f. Any unlined dike constructed of existing soil shall be free of trees and other organic matter, large rocks, or any other material which could be reasonably expected to adversely affect the structural integrity of such dike.
14.4.g. Reclamation of the pits shall not cause an overflow or unpermitted discharge of materials to waters of the state.
14.4.h. All drilling pits and alternative overflow prevention facilities shall be constructed, maintained and reclaimed as required by those conditions of any permit issued by the chief pursuant W. Va. Code §22-6-7 and subsection 14.5 of this rule, and so as not to be left in such condition as to constitute a hazard or to prevent use of the surface for agricultural purposes after the expiration of the six (6) month or extended period for reclamation prescribed by W. Va. Code §22-6-30.
14.5. Water Pollution Control Permit. - Collection, storage and discharge of water, fluids, or other wastes in connection with the drilling or operation of CBM wells shall be pursuant to a permit issued by the chief in accordance with W. Va. Code §22-6-7.
W. Va. Code R. § 35-3-15 Requirements for Production and Gathering Pipelines
15.1. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after June 9, 1983, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.
15.2. The chief reserves the right to direct the burial of any line installed under this regulation to protect the public safety, by order issued after notice and hearing under the office's rules.
15.3. Subject to the reservation in subsection 15.2 of this section, of production and gathering lines subject to this rule shall conform with the following:
15.3.a. Lines shall be buried where practical and reasonable; and practical and reasonable shall be construed to mean lines should be buried in the following situations:
15.3.a.1. Where the line crosses agricultural land as defined in W. Va. Code §19-19-2;
15.3.a.2. Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;
15.3.a.3. Where the line cannot more practically and reasonably be securely suspended to cross stream beds;
15.3.a.4. Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road; and
15.3.a.5. Where the chief decides prior to installation that burial would be practical and reasonable.
15.3.b. All buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered in which case the minimum cover shall be six (6) inches;
15.3.c. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and
15.3.d. A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator; provided, that any other suitable material or means for accomplishing this purpose may be employed.
15.4. Notwithstanding subsection 15.3 of this rule, the surface owner(s) of record of any tract subject to the provisions of W. Va. Code §22-6-30(d) shall have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on form WR-75, "Permission Not to Bury Production or Gathering Line", unless it is included in the recorded right-of-way or lease under which pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.
15.5. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his tract.
35CSR3
35CSR3
Series 04 Oil And Gas Wells And Other Wells
W. Va. Code R. § 35-4-1 General
1.1. Scope. -- This rule shall govern and apply to proceedings under W. Va. Code §22-6-1, et seq., related to oil and gas wells and other wells. Certain portions of this series shall govern and apply to W. Va. Code §22-12-1, et seq. related to groundwater protection and to W. Va. Code §22-10-1, et seq. related to abandoned wells.
1.2. Authority. -- W. Va. Code §§22-1-3 and 22-6-2.
1.3. Filing Date. -- April 15, 2010.
1.4. Effective Date. -- April 15, 2010.
1.5. Forms. -- An index of all current forms and copies of any forms currently used under or required by this rule may be obtained from the Chief. The Office of Oil and Gas reserves the right to amend any forms prospectively to accord more fully with W. Va. Code §22 and this rule.
W. Va. Code R. § 35-4-2 Definitions
Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§22-1-2 and 22-6-1 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. Barrel shall mean forty-two (42) U.S. gallons of two hundred thirty-one (231) cubic inches each of liquid, including slurries, at a temperature of sixty (60) degrees Fahrenheit.
2.3. Chief shall mean Chief of the Office of Oil and Gas as designated by the Secretary of the Department of Environmental Protection.
2.4. Coal permit shall mean a valid current surface mining permit issued by the Department of Environmental Protection.
2.5. Coal permit holder shall mean the party that is registered with the West Virginia Office of Miners Health, Safety, and Training as the operator of that permit. The coal permit holder may also be known or referred to as the coal mine operator.
2.6. Completion of the drilling process, as used in W. Va. Code §22-6-30, shall mean the date on which a drilling rig ceases operation on the drilling site for more than thirty (30) consecutive days.
2.7. Cubic foot of gas shall mean the volume of gas contained in one (1) cubic foot of space at a standard pressure base and a standard temperature base. The standard pressure base shall be fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia), and the standard temperature base shall be sixty (60) degrees Fahrenheit.
2.8. Day shall mean a period of twenty-four (24) consecutive hours.
2.9. 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 §22-6 may be served. See section 10.3 below.
2.10. Designated mining area shall mean an area of real property subject to a coal permit, further depicted or described in the Notice of Designated Mining Area, where excavation work will be conducted within the succeeding twelve (12) months.
2.11. Excavation work shall mean work where vegetation, timber, topsoil or overburden will be moved, removed or placed by surface mining operations and shall include surface impacts incident to underground coal mine operations.
2.12. Gas-oil ratio test shall mean a test, by any means generally accepted in the industry, to determine the number of cubic feet of gas produced per barrel of oil produced.
2.13. Gas well shall mean any well which produces or appears capable of producing a ratio of six thousand (6,000) cubic feet of gas or more to each one (1) barrel of oil on the basis of the initial gas-oil ratio test. 2.14 Impoundment shall mean a man-made excavation or diked area for the retention of fresh water and into which no wastes of any kind are placed.
2.15. Initial gas-oil ratio test shall mean the gas-oil ratio test performed for the purpose of completing Form IV-36, Well Operators Report of Initial Gas-Oil Ratio Test, to designate the type of well.
2.16. 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.
2.17. Natural gas pipeline shall mean a pipeline, other than an interstate or utility pipeline, that is used to transport natural gas.
2.18. Notice of Designated Mining Area shall mean a written notice from a coal permit holder that contains the following information: (i) A copy of the mine plan permit maps previously submitted to the Department of Environmental Protection in connection with the permit, currently pursuant to W. Va. Code §22-3-9(12) and 38 CSR 2 §3.4, with a discernable boundary identifying the designated mining area where excavation work will be conducted within the following twelve (12) month period.; and (ii) The general location of all oil and gas wells and pipelines known to the coal mining permit holder or operator or identified in the coal permitting process, together with any GPS or other survey information in the possession of the coal permit holder that identifies the location of any natural gas pipelines in the designated mining area; and (iii) The office telephone number and mailing address for the mine where the work will occur and identification of the location of any staffed guard gate or entrance.
2.19. Oil well shall mean any well which produces or appears capable of producing a ratio of less than six thousand (6,000) cubic feet of gas to each one (1) barrel of oil on the basis of the initial gas-oil ratio test.
2.20. Pit shall mean a man-made excavation or diked area that contains or is intended to contain an accumulation of process waste fluids, drill cuttings, and/or any other liquid substance that could impact surface water or groundwater.
2.21. Surface owner of record and owner of record of the surface as used in W. Va. Code §22-6-9 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 oil and gas or other mineral ownership.
2.22. Underground storage well shall mean a gas well subject to the provisions of W. Va. Code §22-9-1, et seq.
2.23. Use for the purpose of W. Va. Code §22-6-19 shall have the same meaning as Active Status is defined in 35 CSR 5, which is any well producing oil or gas in commercial quantities, or being operated pursuant to underground injection control permits, or being operated in conjunction with the underground storage of hydrocarbons.
W. Va. Code R. § 35-4-3 Inspectors Forms, Forms, Departmental Records
3.1. Notice and Application Forms -- Forms WW-2(A), WW-2(B), WW-3(A), WW-3(B), WW-4(A), WW-4(B) shall accord the interested parties essentially the same notice, rights and statements of those rights and be in substantially the same form as the versions of those forms issued at the same time as this rule.
3.2. Report Forms -- The report forms to be used by oil and gas inspectors or the supervising inspector upon inspection pursuant to W. Va. Code §22 are as follows:
3.2.a. Form VI-26, Inspector's Well Report for permitted well work (obverse) except plugging and abandonment (reverse);
3.2.b. Form VI-27, Notice of Violation;
3.2.c. Form VI-28, Imminent Danger Order;
3.2.d. Form VI-29, Notice Extending Abatement Time;
3.2.e. Form VI-30, Order for Failure to Abate Violation; and
3.2.f. Form VI-31, Notice of Abatement.
W. Va. Code R. § 35-4-4 Inspectors Findings of Violation, Abatement
4.1. Violations, Findings and Orders -- Findings and orders of oil and gas inspectors concerning violations discovered during an inspection shall be recorded on the appropriate form listed in subsection 3.2. Such finding and orders shall not be construed to limit the Offices power to initiate any other lawful proceedings concerning violations of W. Va. Code §22-6-1 et seq. or this rule.
W. Va. Code R. § 35-4-5 Permits, Notice, Review
5.1. Reserved.
5.2. Application for Permit; Issuance, Conditions and Modifications.
5.2.a. An application for any well work permit required for an oil or gas well or an underground storage well by W. Va. Code §22-6-6, except for permits to plug a well, shall be made on Form WW-2(B), Application for Well Work Permit, and shall be accompanied by:
5.2.a.1. A Notice of Application for a Well Work Permit in the form prescribed by subsection 5.4 below;
5.2.a.2. A plat in the form prescribed by section 9 below;
5.2.a.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof cash or collateral security allowed by W. Va. Code §22-6-26;
5.2.a.4. Form WW-9, Construction and Reclamation Plan, applicable to the plan required by W. Va. Code §22-6-6(d) and a plan for performing the reclamation required by W. Va. Code §22-6-30 and section 16 below;
5.2.a.5. The applicable fee(s), which include:
5.2.a.5.A. Four Hundred Dollars and Zero Cents ($400.00) for the application to conduct well work, pursuant to W. Va. Code §22-6-2(c)(10);
5.2.a.5.B. One Hundred Fifty Dollars and Zero Cents ($150.00) for the special reclamation fee, pursuant to W. Va. Code §22-6-29(b); and/or
5.2.a.5.C. One Hundred Dollars and Zero Cents ($100.00) for a general permit registration fee.
5.2.a.6. If applicable, the consent required by W. Va. Code §22-6-21.
5.2.b. Where there is more than one type of well work, a single application may be used provided all such well work is noted on the Form WW-2(B) filed in connection therewith.
5.2.c. An application for any liquid or waste disposal well permit required by W. Va. Code §22-6-6, except a permit to plug a well, shall be made on Form WW-3(B), Liquid Injection or Waste Disposal Well Work Permit Application, and shall be accompanied by:
5.2.c.1. A Notice of Liquid Injection or Waste Disposal Application in the form prescribed by subsection 5.4;
5.2.c.2. A plat in the form prescribed by section 9 below;
5.2.c.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof the cash or collateral security allowed by W. Va. Code §22-6-14;
5.2.c.4. Form WW-9, Construction and Reclamation Plan, applicable to the reclamation required by W. Va. Code §22-6-30 and section 16 below; and
5.2.c.5. With the initial application to drill a well, the fees required by W. Va. Code §§22-6-2 and 22-6-29. A separate application for permit shall not be required for stimulating a well where stimulating is to be a part of the well work for which a permit is sought and such fact is noted on the Form WW-3(B) filed in connection therewith.
5.2.d. An application for a permit to plug a well shall be made on Form WW-4(B), Application to Plug and Abandon a Well, and shall be accompanied by:
5.2.d.1. A Notice of Application to Plug and Abandon a Well, in the form prescribed by subsection 5.4 below;
5.2.d.2. A plat in the form prescribed by section 9 below; and
5.2.d.3. A bond in one of the forms prescribed by section 10 below, or in lieu thereof cash or collateral security required by W. Va. Code §22-6-23.
5.2.e. The applicant for any permit mentioned in this rule must file an original and two (2) copies of the application and an original and four (4) copies of the notice, plat and, except for application for a permit to plug a well, a construction and reclamation plan.
5.2.f. The permit and any conditions to or modifications of the proposed permitted well work shall be issued by endorsement on or attachment to the Permit copy of the Application (Form WW-2(B), WW-3(B), or WW-4(B), as applicable).
5.2.g. Any permit issued pursuant to this section shall expire automatically unless the permit well work is commenced within twenty-four (24) months of the date the permit was issued. No permit shall be extended to authorize the commencement of well work after the expiration date of twenty-four (24) months.
5.2.h. No permit issued under this section shall be transferable.
5.2.i. The determination to deny a permit under the provisions of W. Va. Code §22-6-6(h) or to deny or condition a permit under the provisions of W. Va. Code §22-6-11 shall be in writing and issued within sixty (60) days from the date the complete Notice and Application, including all required documents are filed.
5.2.j. Irrespective of the scope of the well work for which a permit was originally issued, a new application shall be filed for any well work subsequent to the expiration of the six-month or extended period for reclamation prescribed by W. Va. Code §22-6-30.
5.3. Flat Well Royalty Leases.
5.3.a. Any application for a well work permit subject to the provisions of W. Va. Code §22-6-8 shall include the data required by subsection (c) thereof. Such information may be recorded on the applicable form of the Notice of Application in lieu of filing copies of the well operators lease or leases or other continuing contract or contracts.
5.3.b. If the applicants right to extract, produce, or market the oil or gas is based upon a lease or leases or other continuing contract or contracts providing for a flat well royalty or any similar provision for compensation to the owner of the oil or gas in place that is not inherently related to the volume of oil and gas so extracted, produced, and marketed, then the affidavit to be furnished pursuant to W. Va. Code §22-6-8(e) shall be submitted on Form WW-60.
5.4. Notice to Surface Owners of Record; Proof of Notice; Comments.
5.4.a. For purposes of notice of surface owners of record pursuant to W. Va. Code §22-6-9, the applicant well operator shall be entitled to assume, subject to performing the public record review described in subdivision 5.4.b. below, that the specific person(s) listed on the relevant tax ticket(s) maintained by the Sheriff pursuant to W. Va. Code §11A-1-8 (as distinguished from the listing of an estate, or of person(s) as agent or with et al. or heirs or other designation indicating unspecified owners or record), were in fact surface owners of record when the tax ticket was prepared.
5.4.b. To establish that a surface owner identified on a tax ticket has not transferred an interest in the surface, the well operator must review, from the date the surface owner acquired the surface, or for ten (10) years prior to the date of the review, whichever period is shorter, the Grantor Index and the Fiduciary Index maintained in the office of the Clerk of the County Commission. If the review identifies surface owner(s) in replacement of or in addition to the tax ticket listing, all successor names shall likewise be checked in the Grantor and Fiduciary Indexes to establish the surface owner(s) of record on the date the review is made.
5.4.c. Where the relevant tax ticket(s) list an estate, or list person(s) as agent or with et al. or heirs or other designation indicating unspecified owners of records in the office of the Clerk of the County Commission to determine whether the total number of such owners is more than three (3) and, if the total number of such owners is three (3) or less, the name(s) of the surface owner(s) of record on the date the review is made.
5.4.d. If the identification of the surface owners of record is made pursuant to the criteria of subdivisions 5.4.a. and 5.4.b. or 5.4.c. within ninety (90) days of the date of filing of the application for a permit, the well operator need not review the records again prior to the filing.
5.4.e. Except where notice by publication is permissible under the provisions of W. Va. Code §22-6-9(b), the notice to surface owners of record required by W. Va. Code §22-6-9 shall consist of true, complete copies of all documents required under subsection 5.2 of this rule, and a copy of the Instructions to the Surface Owner provided as part of the Offices application form.
5.4.f. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process, or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the well operator. If service is affected by certified mail, service is effective upon mailing and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.
5.4.g. Notice of publication under the provisions of W. Va. Code §22-6-9(b) shall be substantially as provided in Form WW-71. Proof shall be supplied by affidavit of publication from the newspaper.
5.4.h. No permit will be issued until all required proofs of notice have been filed with the Chief.
5.4.i. All comments filed pursuant to the provisions of W. Va. Code §22-6-10 shall be in writing, and should contain the name, address and telephone number of the person filing the comment, the well operators name and well number, and the approximate location of the proposed well site including district and county as indicated in the permit application. Comments may be accompanied by other pertinent documents in support of the comment. Other than as prescribed in this rule, no particular form for the comment is prescribed.
5.5. Identification Markings.
5.5.a. Every well shall have attached or stamped, in a permanent manner, the API identification number which consists of the state (47), county (001 through 109), and permit number. Such number shall be no less than one-half (1/2) inch in height and detectable by any interested person approaching the well. Any additional information the well operator may desire to display may be incorporated in the permanent identification plat or stamp in such a manner that it will not confuse or distort the permanent API identification number.
5.5.b. Except as provided below, upon the completion of the plugging and filling of any abandoned well, a permanent monument or marker consisting of a length of pipe (minimum diameter size six (6) inches) filled with concrete (or the equivalent thereof if approved by the Chief) shall be erected over the well; the marker shall extend no less than thirty (30) inches above the surface and not less than ten (10) feet below the surface and into the well, and shall be sealed with concrete for the purpose of making the marker permanent. The API well identification number which consists of the state (47), county (001 through 109), and permit number shall be attached or stamped in a permanent manner to said monument; and such numbering shall be no less than one half (1/2) inch in height and detectable by any interested person approaching the marker. The erection of the marker shall in no way interfere with the bleeder pipe from the well where such pipe is required, or the vent or other device installed pursuant to W. Va. Code §22-6-24. Such manner shall be accurately described on Form WR-38, Affidavit of Plugging and Filling Well (see subsection 13.10 below) as to time and manner of plugging and filling the well, and shall be approved by the Chief as a satisfactory landmark that may be used as such in the location of adjacent wells. Two (2) permanent reference points with courses and distances from the abandoned well shall be designated and prescribed on the plat required by subdivision 5.2.d above in the form prescribed by section 9 below, accompanying Form WW-4, Notice of Intention to Plug and Abandon a Well, if any change in the plat is necessary, accompanying Form IV-38, Affidavit of Plugging and Filling Well (see subsection 13.10 below).
5.6. Parties Responsible. All contractors and drillers, including all service companies carrying on business or doing work in oil and gas fields in West Virginia, as well as lease holders and operators generally, shall take notice of and are hereby directed to observe and apply the provisions of W. Va. Code §22-6 and this rule; and all contractors, drillers, service companies and operators shall be held responsible for violations thereof.
5.7. Evidence of Performance.
5.7.a. After the completion of the work authorized to be done by any permit required by W. Va. Code §22-6-6, the permittee shall comply with filing requirements of W. Va. Code §22-6-22 and section 12 of this rule.
5.7.b. In addition to the requirements of subdivision 5.7.a, following completion of plugging a well, the permittee shall also comply with the affidavit requirements of W. Va. Code §22-6-23 and subsection 13.10 below.
W. Va. Code R. § 35-4-6 Plats, Notice to Coal Owner, Operator or Lessee
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.
6.2. Notice to Coal Operators, Owners or Lessees -- A copy of the completed notice and application for any permit required by W. Va. Code §22-6-6, including the associated plat and Construction and Reclamation Plan required by section 5 above, shall be used as the form of the Notice to Coal Operators, Owners or Lessees required by W. Va. Code §§22-6-12, 22-6-13 and 22-6-14 and shall be mailed by registered or certified mail to coal operators, owners or lessees.
W. Va. Code R. § 35-4-7 Operational Regulations on Liquid Injection and Waste Disposal Wells
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.
7.2. Disposal of Connate or Polluted Water -- No discharge of salt water, brackish water, or other water unfit for domestic livestock or other general use shall be made into the waters of the state unless such disposal is approved by permit under applicable state and federal laws. When underground disposal of such water is required, such disposal well and related facilities will be permitted only upon application and approved as required by applicable federal and state laws. Disposal into the same formation from which the water is produced is preferable.
7.3. Pre-Operation Certificate.
7.3.a. The Chief or his appointed representative shall be notified no less than twenty-four (24) hours prior to mechanical integrity testing to allow the Chief or his representative the opportunity to witness the tests. Copies of the results of all tests shall be submitted with Form WR-37 as provided in subdivision 7.3.b below.
7.3.b. Upon successful completion and mechanical integrity testing, and prior to the first injection into a permitted liquid injection or waste disposal well, the operator shall furnish the Office with certification on Form WR-37, Pre-Operation Certificate for Liquid Injection or Waste Disposal Well, indicating that all requirements of subsections 7.1 and 7.2 above have been satisfied. The certificate shall include:
7.3.b.1. Identification of the injection zone by name of geological target formation and depth (top and bottom of zone), the number of perforations, if applicable, or the interval of open hole;
7.3.b.2. The maximum bottom hole pressure in pounds per square inch and maximum rate of injection in barrels of liquids per hour or cubic feet of gases per hour;
7.3.b.3. A detailed identification of the materials being injected, including additives;
7.3.b.4. Specifications of cathodic protection and other corrosion control measures;
7.3.b.5. Filters, if any;
7.3.b.6. The entire casing and cementing record, any packers and other special downhole equipment, and cement bond logs; Provided, that this data need not be included on Form WR-37 where the casing and cementing record is furnished on Form WR-35, Well Operator's Report of Drilling, Fracturing and/or Stimulating, associated with the project;
7.3.b.7. Certification that the mechanical integrity of the well has been tested and statement of the test method;
7.3.b.8. Facilities or systems to protect the integrity of the geological target formation or to prevent fracturing the confining strata; and
7.3.b.9. Application for variance, if any, as described in subsection 7.1 above.
7.4. Partial Exemption for Certain Wells -- Any liquid injection or waste disposal well in existence and used as such prior to July 1, 1969 shall be exempted from the requirements of subsections 7.1, 7.2, and 7.3 above, provided that the operator has, on or before July 1, 1979, filed an area plat or plats showing all of such operators liquid injection or waste disposal wells. Such exemption shall remain effective until such time as, in the opinion of the Chief and upon notification thereof to the well owner or operator, it is determined that said well is leaking liquids to others wells or the surface.
7.5. Monitoring by the Operator -- The well owner or well operator of a liquid injection or waste disposal well shall monitor daily and submit to the Office monthly the injection pressures and volumes on Form WR-40 Report for Liquid Injection, Waste Disposal or Enhanced Recovery. The Chief may require more frequent or continuous monitoring and more frequent reporting if, in his opinion, good reason exists therefor.
7.6. Limitation -- W. Va. Code §22-6-14 and subsections 7.1 through 7.5 of this rule do not apply to injection of water or other liquids into a well for the purpose of fracturing or stimulating a well or underground gas storage well operations, including injection periods.
7.7. Authorization and Re-testing of Wells.
7.7.a. No liquid injection or waste disposal well shall be permitted to inject until a Pre-Operation Certificate (Form WR-37) is reviewed and approved by the Chief.
7.7.b. The mechanical integrity of a liquid injection or waste disposal well must be demonstrated to the approval of the Chief again within five (5) years from the last test date in order for injection to continue.
W. Va. Code R. § 35-4-8 Objections to Applications; Notice
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.
8.4. Notice to Shallow Gas Well Review Board of Objections; Copies to Applicant -- If a coal operator, owner or lessee files or the Office makes objections under W. Va. Code §22-6-17, the Office shall notify the Chairman of the Shallow Gas Well Review Board by Form OB-15, Notice to Shallow Gas Well Review Board of Objection under W. Va. Code §22-6-17 to a Proposed Drilling Site, attaching copies of all objections made pursuant to subsections 8.1 and 8.2 above and all other information required by W. Va. Code §22-6-17. Copies of all such documents shall be sent to the applicant well operator as its notice of objection.
W. Va. Code R. § 35-4-9 Form and Contents of Plats
9.1. Statutory Requirements for Plats -- Any plats required to be furnished under W. Va. Code §§22-6-12 or 22-6-14 (see subsection 5.2 above), shall contain all information specified in the statutory section requiring the plat.
9.2. Additional Requirements for Plats -- Any plat required to be furnished under W. Va. Code §§22-6-12 or 22-6-14 or under subdivision 6.1.b. or subsection 13.1 of this rule shall conform to the following standards of accuracy and depiction:
9.2.a. Accuracy -- An accuracy of one (1) part in two thousand five hundred (2,500) is required for location of wells on land containing workable coal beds which are tributary to operator coal mines. All other plats require a minimum accuracy of one (1) part in two hundred (200). The attained accuracy standard shall be stated on every plat.
9.2.b. Permanent Landmarks -- At least two (2) permanent monuments or landmarks with courses and distances to the subject well shall be shown on the basis of an on-the-ground survey and, if any such monument or landmark is not a permanently established property corner, it shall be referenced to a permanently established property corner by courses and distances on the basis of an on-the-ground survey.
9.2.c. Physical Location of Well -- Every well shall be drilled within ten (10) feet of the exact well location designated on the plat. To facilitate compliance and verification, the plat for a new well shall designate at least two (2) reference points from which, after the drilling site has been cleared and graded, the proposed well location can be accurately reestablished by the well operator and, if desired, subsequently verified by the oil and gas inspector or any interested person. When the survey party stakes the proposed well location, it shall flag or otherwise mark the reference points, which may be permanent (such as standing trees) or temporary (such as set stakes), and such reference points shall be beyond the limits of the drilling site but within three hundred (300) feet of the well location. A description of the reference points and their location with reference to the well location shall be indicated on a detail drawing or a narrative statement on the face of the plat.
9.2.d. Description -- Landmarks and permanently established property corners used shall be named and described on all plats. They shall include standing corner trees, set stones, iron pipes, T-rails, or other manufactured monuments. Existing wells (operating or abandoned) shall also be considered established landmarks if said wells are accurately platted and on file with the Office. If landmarks used are not permanently established property corners, the landmark must be adequately referenced to such property corners to permit their future location.
9.2.e. Method of Showing Property Lines -- The courses and distances of all farm lines adjoining and those connecting the landmarks or permanently established property corners within the scope of the well location plat shall be shown thereon. All lines actually surveyed shall be shown on such plat in solid lines. Lines taken from deed descriptions only shall be shown by broken lines.
9.2.f. Proven Elevation -- The elevation of the surface of the well location shall be given, and it shall be tied to either a government bench mark or other point of proven elevation. The location of the government bench mark or the point of proven elevation shall be noted and described on the plat.
9.2.g. North-South Line -- A north and south line shall be given and point to the top of the plat.
9.2.h. Scale and Size of Plat -- If practicable, all plats shall be drawn to a scale of one (1) inch equals two thousand (2,000) feet (1:24,000) or to even multiples thereof for each reduction of the plat photographically to a scale of one (1) inch equals two thousand (2,000) feet. The plat shall be eight and one-half (8½) inches by fourteen (14) inches in size. Plats may be submitted electronically, using a format approved by the Chief.
9.2.i. Topographic Map Location of Well -- The topographic map location of the well for which any permit application is made pursuant to W. Va. Code §22-6-6 shall be shown on the plat by a cross with the measured distance in feet from the nearest two point five (2.5) minute latitude and longitude intersection using the North East (upper right) border of the plat on a seven point five (7.5) minute (1:24,000) topographic map. The plat shall also contain Universal Transverse Mercator (UTM) Zone 17 Northing and Easting coordinates in North American Datum (NAD) 83(CORS96). Each plat shall indicate the quadrangle name of the topographic map used.
9.2.j. Wells -- All wells within the scope of the plat, whether active, drilling, or abandoned, shall be shown. The scope of every plat shall be sufficient to show all wells within one thousand two hundred (1,200) feet of the well that is the subject of the new application and, in the case of an application for a shallow gas well with a depth of three thousand (3,000) feet or more and that penetrates a coal seam, the scope of the plat shall be sufficient to show all wells within two thousand four hundred (2,400) feet of the well that is the subject of the application. Each well so shown, including the subject well, shall bear a designation that permits the type (oil, gas, liquid injection under W. Va. Code §22-6-14, underground storage or storage observation) and status (active, abandoned or drilling) of each such well to be determined by use of:
9.2.j.1. API permit number (excluding state and county) for each well having such a permit number;
9.2.j.2. In parentheses, and following the API number if such is listed, the type and status numbers provided below; and
9.2.j.3. The symbols provided in Appendix A of this rule.
9.2.k. The kind and status numbers to be used shall be as follows:
9.2.k.1. Oil Wells: 01 - Shallow, active 02 - Shallow, abandoned 03 - Shallow, Drilling 04 - Deep, active 05 - Deep, abandoned 06 - Deep, drilling
9.2.k.2. Deep gas wells: 07 - Production, active 08 - Production, abandoned 09 - Production, drilling 10 - Underground storage, active 11 - Underground storage, abandoned 12 - Underground storage, drilling 13 - Storage observation, active 14 - Storage observation, abandoned 15 - Storage observation, drilling
9.2.k.3. Shallow gas wells: 16 - Less than three thousand (3,000) feet, production, active 17 - Less than three thousand (3,000) feet, production, abandoned 18 - Less than three thousand (3,000) feet, production, drilling 19 - Less than three thousand (3,000) feet, underground storage, active 20 - Less than three thousand (3,000) feet, underground storage, abandoned 21 - Less than three thousand (3,000) feet, underground storage, drilling 22 - Less than three thousand (3,000) feet, storage observation, active 23 - Less than three thousand (3,000) feet, storage observation, abandoned 24 - Less than three thousand (3,000) feet, storage observation, drilling 25 - Three thousand (3,000) feet or more, production, active 26 - Three thousand (3,000) feet or more, production, abandoned 27 - Three thousand (3,000) feet or more, production, drilling 28 - Three thousand (3,000) feet or more, underground storage, active 29 - Three thousand (3,000) feet or more, underground storage, abandoned 30 - Three thousand (3,000) feet or more, underground storage, drilling 31 - Three thousand (3,000) feet or more, storage observation, active 32 - Three thousand (3,000) feet or more, storage observation, abandoned 33 - Three thousand (3,000) feet or more, storage observation, drilling
9.2.k.4. Liquid injection wells: 34 - Active 35 - Abandoned 36 - Drilling or being converted
9.2.k.5. Waste disposal wells: 37 - Active 38 - Abandoned 39 - Drilling or being converted
9.2.k.6. Gas injection wells: 40 - Active 41 - Abandoned 42 - Drilling or being converted
9.2.l. Other Surface Features -- In addition to the surface features and owner identification data required by statute or by the foregoing specification of subsection 9.2, the plat shall also show the following surface features lying within the scope of the plat:
9.2.l.1. Water wells within two hundred (200) feet of the well for which any permit under W. Va. Code §22-6-6 is being sought, except for liquid or waste disposal wells, in which case water wells within one thousand (1,000) feet of the well shall be shown;
9.2.l.2. Dwellings within two hundred (200) feet of the well for which any such permit is being sought;
9.2.l.3. Streams;
9.2.l.4. Roads and highways; and
9.2.l.5. Railroads with indication of the owners' names.
9.2.m. Names -- The plat shall state the names of the surface owners and the royalty owners of the land at the well location.
9.3. Plat Certification -- Surveys and plats shall be made under the supervision of a registered professional engineer or professional surveyor licensed by law to practice in the State of West Virginia. The certificate shall be signed and certified by the registered professional engineer or professional surveyor in the following manner: I, the undersigned, hereby certify that this plat is correct to the best of my knowledge and belief and shows all the information required by law and the rules issued and prescribed by the Department of Environmental Protection.
9.4. Re-use of Plats -- Following issuance of the initial permit for drilling a well, any subsequent application for a new permit involving the same well may be accompanied by an accurate copy of the plat accepted by the Office for use with the permit issued for the most recent previous application, updated as necessary to reflect new data or additional data not required by statute or this rule; Provided, that a new certification shall be necessary in the form required by subsection 9.3 above. However, a new certification is not required for a plugging permit.
9.5. Permanent Character of Plats -- Every plat submitted under section 9 of this rule shall be of permanent character, that is, on linen or plastic or other material of comparable quality and with indicia or other ink resulting in a depiction not subject to substantial degradation through time from exposure to ordinary conditions of temperature, humidity, and light. Plats may be submitted electronically, using a format approved by the Chief.
W. Va. Code R. § 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
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.
10.1.b. The demonstration of financial responsibility for individual wells after the effective date of this rule shall be accompanied by a separate bond with corporate surety or cash or other collateral security in the amount of five thousand dollars ($5000) in compliance with W. Va. Code §§22-6-26, 22-10-4 and 22-10-5, except where a blanket bond is being furnished pursuant to W. Va. Code §22-6-26(c), and shall be submitted with Form OP-7, Bond for Single Oil and Gas Wells, Single Liquid Injection Wells, or Single Waste Disposal Wells. Any corporate surety bond, cash or collateral security furnished prior to the effective date of this rule shall remain in effect for the Office until such time as the well operator is issued any new determination of financial responsibility as may be required by this rule.
10.1.c. A well currently subject to a bond of less than five thousand dollars ($5,000) or for which no bond exists for the determination of financial responsibility shall be transferred to an existing or new five thousand dollar ($5,000) bond in compliance with W. Va. Code §22-6-26 by filing form OP-77.
10.2. Blanket Bonds.
10.2.a. Any blanket bond furnished after the effective date of this rule shall have corporate surety or cash or other collateral security and shall be submitted with Form OP-8, Blanket Bond for Oil and Gas Wells, Liquid Injection Wells, and Waste Disposal Wells. Any blanket bond with corporate surety, cash or collateral security furnished in connection with any permit or permits issued prior to July 11, 1985 shall remain in effect for the benefit of the Office until such time as the well operator is issued any additional permit and such well operator has furnished new or additional corporate surety, cash or collateral security complying with the statute; Provided, that if a blanket bond furnished prior to July 11, 1985 complies with the requirements of the statute, a new blanket bond shall not be required to be submitted with a permit application; Provided further, that if a 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, no additional corporate security, cash or collateral security shall be required.
10.2.b. The demonstration of financial responsibility for multiple wells after the effective date of this rule shall be accompanied by corporate surety or cash or other collateral security in compliance with W. Va. Code §§22-6-26, 22-10-4 and 22-10-5 and shall be submitted with Form OP-8, Blanket Bond for Oil and Gas Wells, Liquid Injection Wells, and Waste Disposal Wells. Any corporate surety bond, cash or collateral security furnished prior to the effective date of this rule shall remain in effect for the Office until such time as the well operator is issued any new determination of financial responsibility as may be required by this rule.
10.2.c. Wells currently subject to a blanket bond of less than fifty thousand dollars ($50,000), or for which no bond exists, or for which a new blanket bond is desired for the determination of financial responsibility shall be transferred to an existing or new fifty thousand dollar ($50,000) blanket bond in compliance with W. Va. Code §22-6-26 by filing form OP-77.
10.3. Registration; Designated Agent; Transfer of Title and Operator Status.
10.3.a. All persons owning or operating or proposing to own or operate any well in West Virginia shall register with the Chief. In all cases, an agent or attorney in fact shall be designated on Form OP-1, Designation of Agent by Well Owner or Operator by and for each well or operator upon whom process, notices, orders, and other communications issued pursuant to W. Va. Code §22 may also be served; but the designation shall not be effective until it has been accepted in writing by the designee and approved by the Office. Every well owner or operator who has designated such agent or attorney in fact shall, within five (5) days after termination of such designation, notify the Office of such termination and designate a new agent on Form OP-1. This rule applies to all well operators, not merely those whom W. Va. Code §22-6-6 specifically requires to designate an agent; Provided, that a well operator who is a natural person and a resident of the State of West Virginia may list himself instead of an agent for service of all papers.
10.3.a.1. When title to a well or the right to operate a well is transferred from one (1) well operator to another, the Chief shall be notified in writing within five (5) days by the transferor well operator or, if he no longer exists, by one or more of the owners of the well, the name and address of the transferee well operator. A copy of such notification shall be delivered to the transferee well operator. Failure to notify the Chief of such transfer shall be a violation of this rule by said transferor and shall be punishable under W. Va. Code §22-6-34, and in addition, all bonds of such transferor under W. Va. Code §22-6 shall be forfeited.
10.3.a.2. The transferee well operator shall forthwith register with the Office if he has not previously registered. In any event, said transferee shall forthwith notify the Office of his designated agent or attorney in fact pursuant to subsection 10.3, unless a designation has already been made and approved. The transferee well operator shall file with the Office on form OP-77 the well name and the permit number of the subject well, the county and district in which the subject well is located, the names and addresses of the transferor well owners or operators and the transferee well operators, a copy of the instrument of assignment or transfer, or a certification of such assignment or transfer acceptable to the Chief, and the applicable bond, cash, or collateral security described in W. Va. Code §22-6-26.
10.3.a.3. No assignment or transfer by the transferor owner shall relieve the transferor well owner of any obligation and liabilities pursuant to this rule or W. Va. Code §22, unless and until the Office of Oil and Gas accepts and then notifies the transferee and transferor as outlined in subsection 10.4 below that they have complied with the provision of section 10.
10.4. Filing Requirements and Procedure for the Transfer of Operator and Declaration of Operator Status.
10.4.a. General requirements.
10.4.a.1. No transfer of operator or declaration of operator status under this rule will be approved until such time as a copy of Form OP-1, Operator Registration Form and Designation Form, has been filed.
10.4.a.2. All forms promulgated by the Office of Oil and Gas and required by this rule may be replaced by copies of any applicable successor forms promulgated by the Office of Oil and Gas.
10.4.a.3. A separate application must be submitted for each well for which a transfer is desired.
10.4.a.4. Each application must be accompanied by a filing fee of fifty dollars ($50). Where an operator is submitting several applications at one time, a single check may be submitted for a sum equal to the number of applications multiplied by fifty dollars ($50). Such fee should be paid by the transferor, but in no case will any well be transferred without the fee.
10.4.a.5. Each application shall be on Form OP-77. 10.5 Transfer Procedures.
10.5.a. Initial Action by the Office of Oil and Gas -- Upon receipt of an application to transfer a well from one operator to another or to transfer a well by a single operator to another bond, the Office of Oil and Gas will conduct a review of the submitted data along with other information available to it within sixty (60) days.
10.5.b. Periodical circular.
10.5.b.1. The Office of Oil and Gas will publish from time to time, but not less often than monthly, a circular indicating the status of various applications filed under this rule.
10.5.b.2. The circular will identify each well by applicant and by a file number which will indicate:
10.5.b.2.A. The date received by the Office of Oil and Gas;
10.5.b.2.B. The API county and permit number;
10.5.b.2.C. The name of the transferee and transferor; and
10.5.b.2.D. The date on which the determination order was final.
10.5.c. Notice of Hearing -- Notice of all filings for applications for transfer and designation of operator status under this rule and 35 CSR 5 §3.1 (Procedure for Designation of Bona Fide Future Use) will be published by the Office of Oil and Gas, indicating that interested persons may intervene in the application by filing written comments with the Office of Oil and Gas within fifteen (15) days from the date that the circular is published. If objections are made by any interested person or by the Office of Oil and Gas or if the Chief determines that other information may be necessary in order to make a determination, a public hearing may be held. On the hearing date, the applicant and all persons who have timely filed objections on or before the date of the hearing will be given an opportunity to present additional evidence.
10.5.d. Determination -- After a hearing has been held, a determination as to whether the well qualifies to be transferred to the transferee will be made by the Chief. If no objection is made within the time prescribed by subdivision 10.5.c above, the Chief will make a determination as to whether the well qualifies to be transferred. Notice will be given of the Chief's approval of the transfer by publication in the circular, and the Chief shall give written notice of release to the transferor well owner of any bond and return to the transferor well owner any cash or collateral securities deposited pursuant to W. Va. Code §§22-6-12, 22-6-14 or 22-6-26.
10.6. If for any reason the bond or other proof of financial responsibility on a well is rendered invalid or ineffective, the operator shall have sixty (60) days in which to replace such bond or other proof of financial responsibility. In the event such bond or other proof of financial responsibility is not replaced, then the Chief shall order the well to be shut in and may order the well to be plugged.
10.7. Nothing in this section shall prohibit the Chief from accepting and holding bonds or other forms of financial responsibility from more than one competing interest.
W. Va. Code R. § 35-4-11 Operational Criteria
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.
11.3. Fresh Water Casing -- The fresh water protective casing required by W. Va. Code §22-6-21 shall extend at least thirty (30) feet below the deepest fresh water horizon (that being the deepest horizon that will replenish itself and from which fresh water or usable water for household, domestic, industrial, agricultural, or public use may be economically and feasibly recovered) and shall have cement circulated in the annular space outside the casing. The volume of cement needed shall be calculated using approved engineering methods to assure the return of the cement to the surface. In the event cement does not return to the surface, the district inspector shall be notified. If the top of cement cannot be located using sound engineering practices approved by the Chief or his authorized representative, then an electric log or similar technology approved by the Chief shall be used. Sound engineering practice approved by the Chief or his authorized representative shall be used to fill the annular space back to the surface. Requests to approve methods other than pre-approved practices shall be acted upon by the Chief or his authorized representative within twelve (12) hours of actual notice to the Chief or his authorized representative, otherwise the request will be deemed approved. If the coal protection casing is cemented to the surface in accordance with the prescribed procedure, this may also be considered a fresh water protective casing. In no case shall the fresh water casing penetrate salt water or gas bearing strata or extend below sea level. There shall be no oil and gas production through the fresh water casing for new wells or the redrilling of existing wells permitted on or after August 1, 1993. Variances from the requirements of this section shall be granted on a site specific or area basis in accordance with section 18 of this rule.
11.4. Cement Strength -- Cement placed in the annular space around the casing shall be allowed to set to a minimum compressive strength of five hundred (500) pounds per square inch, using approved engineering data for the type of cement used. The waiting time for cement used in compliance with subsection 11.5 of this rule shall be eight (8) hours. The waiting time on any other cement shall be in no case less than eight (8) hours.
11.5. Cement Type -- Cement used to fill the annular space around the casing required in subsections 11.2 and 11.3 of this rule shall be American Petroleum Institute Class A Ordinary Portland cement with no greater than three percent (3%) calcium chloride and no other additives; Provided, that if the well operator furnishes satisfactory proof that different cement types are adequate, the Chief may approve use of such different cement types.
11.6. Annual Inspection -- The operator shall conduct an inspection at the surface of each unplugged well at which drilling has been completed for 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 operators annual report as required by subsection 15.1 below. 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.
11.7. Drilling Practices Prior to Freshwater Casing -- Prior to the cementing of the freshwater casing as required by subsection 11.3 above, drilling practices and procedures, such as air or water pressure and soaping, shall be conducted using operating practices so as to minimize damage or disturbance or the possibility of unnecessary damages or disturbance to the uncased strata/formations and groundwater contained in any of those formations. The requirements of this section shall not prevent the use of drilling practices and procedures reasonably necessary to the successful drilling of the well in a safe manner. The requirements of this section shall not be construed to prohibit practices specifically allowed by statute or other regulations.
11.8. Blowout Prevention Training -- The well operator shall assure that, at all times during the operation of the drilling rig, a person shall be present who has successfully completed a training course on blowout prevention approved by the Chief.
W. Va. Code R. § 35-4-12 Well Records
12.1. Well Records Made During Permitted Work -- The well operator or his contractor (drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and Construction and Reclamation Plan required by subsection 5.2 of this rule. The well operator or his contractor (drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of the fresh water casing. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, Well Operators Report of Drilling, Stimulating or Physical Change, Form WR-36, Well Operators Report of Initial Gas-Oil Ratio Test, Form WR-37, Pre-Operation Certificate for Liquid Injection or Waste Disposal Well, and Form WR-38, Affidavit of Plugging and Filling Well, but forms WR-35 through WR-38 shall reflect data discovered or changes made after the permitted well work has been finished and before the forms are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines, or other voids, whether the fresh water casing cement did circulate to the surface, and the efforts made to fill the annular space and the results. Unless such records of well work performed are prepared by the well operator or owner, a copy of all such records shall be delivered to the well owner or operator.
12.2. Filing of Well Record and Related Forms.
12.2.a. Within ninety (90) days after the completion of permitted well work, two (2) copies of Form WR-35, Well Operators Report of Drilling, Fracturing and/or Stimulating or Physical Change, containing in proper form the geological information required by W. Va. Code §22-6-22, Form WR-36, Well Operators Report of Initial Gas-Oil Ratio Test, (except that, where the well has not been connected within such ninety (90) day period to pipelines or production tanks, Form WR-36 shall be filed no more than fifteen (15) days after such connection), Form WR-37, Pre-Operation Certificate for Liquid Injection or Waste Disposal Well, and Form WR-38, Affidavit of Plugging and Filling Well, shall be filed by the well owner or operator with the Chief. Such forms need not repeat well record information for any work (whether permitted or not) performed prior to and not part of the permitted work which said forms apply. Such forms shall correct or add to the well log and other records made and preserved at the well location by specifying the casing, treatment, or physical changes performed after completion of the permitted work, and the additional information or corrected information discovered, by electric logs or other means, after completion of the permitted work.
12.2.b. Deep Well Confidential Information; Filing of Well Logs:
12.2.b.1. Within ninety (90) days after the completion of drilling or recompletion of a deep well, the well operator shall file a copy of the well log and the electrical, radioactive or other similar conventional log if such logs have been performed. In addition, as soon as practicable, the well operator shall file a copy of drill stem test charts, formation water analyses, porosity, permeability or fluid saturation measurements, core analyses, and lithologic logs or sample descriptions as compiled; Provided, that no such additional information shall be required unless the well operator has compiled such information in the ordinary course of business. No interpretation of the data is required to be filed.
12.2.b.2. All information furnished with respect to a deep well marked Confidential shall be kept confidential for one (1) year following the date the information is required to be filed hereunder, unless the well operator gives the Chief written permission to release such information at an earlier date.
12.2.b.3. For good cause shown by the operator, the West Virginia Oil and Gas Conservation Commission may extend the period of confidentiality for one (1) year. The total period of confidentiality shall not exceed three (3) years.
12.3. Restriction of New Application -- Except for good cause shown, no application required by W. Va. Code §22-6-6 may be filed for any work after the initial completion of a well unless all forms required by subsection 12.2 of this rule have been completed and filed with the Office.
W. Va. Code R. § 35-4-13 Plugging, Abandonment and Reclamation
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).
13.2. In all cases, completed Forms WW-4(A) and WW-4(B) shall be filed with the Office and delivered to the coal operator, owner or lessee in the manner and within the time limits set out in W. Va. Code §22-6-23(a), (b), and (c) for the notices referred to therein.
13.3. The owner or operator of every well presumed to have been abandoned under the provisions of W. Va. Code §22-6-19 shall file Form WW-4 within sixty (60) days after such abandonment, unless the Office waives this requirement for good cause shown.
13.4. Work Order; Manner and Method of Plugging.
13.4.a. 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:
13.4.a.1. Location (by depth);
13.4.a.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;
13.4.a.3. Plans for mudding, cementing, and filling;
13.4.a.4. Plans for testing, and for shooting and removing casing; and
13.4.a.5. All other pertinent information regarding said plugging and filling, all of which shall be in compliance with W. Va. Code §22-6-24. The information shall be submitted on Form WW-4(B), Application to Plug and Abandon a Well.
13.4.b. Any well operator proposing to plug or to clean out and replug a well in the manner specified by W. Va. Code §22-6-24(c) shall furnish the alternate cost estimates for performing such well work in the manner specified by W. Va. Code §22-6-24(d)(3) only in the event a coal operator, owner, or lessee has filed a Form OB-16, Request by Coal Operator, Owner, or Lessee for Plugging Under W. Va. Code §22-6-24(d).
13.5. Length of Plug -- All cement plugs, other than those across coal seams, shall be at least one hundred (100) feet in length unless a variance from such a requirement is granted pursuant to section 18 below.
13.6. Retrieving Casing and Completing a Seal -- The operator shall make reasonable efforts to cut and pull all recoverable casing (as determined by methods approved by the Chief or his authorized representative). Equipment used to pull recoverable casing shall be rated and rigged at or above one hundred fifty percent (150%) of the estimated weight of the heaviest string of recoverable casing, unless otherwise approved by the Chief or his authorized representative. Sufficient instrumentation shall be utilized to accurately indicate the pulling force applied. When casing cannot be pulled, the operator shall make reasonable attempts to perforate the pipe and squeeze cement behind the pipe in the vicinity of the freshwater zones to prevent the contamination of the fresh water zone.
13.7. Verbal Permission to Plug.
13.7.a. Verbal permission may be given pursuant to W. Va. Code §22-6-6-(c)(10) in the event the well to be plugged and abandoned is one on which drilling or working operations have been continuously progressing pursuant to authorization granted by the Office. Any verbal permission shall be given by the Chief, the supervising inspector, or any inspector who is available to supervise the plugging work. Unless such verbal approval is given by the Chief, the well operator shall notify the Office by telephone of such verbal approval no later than the next regular working day.
13.7.b. Unless the well operator proposes to plug the well in a manner allowed by W. Va. Code §22-6-24(d)(3), the well operator shall contact the coal operator or the coal owner or lessee who has filed a declaration under W. Va. Code §22-6-36, so as to provide the coal owner, operator or lessee the best feasible opportunity to make a plugging request under subdivision 13.4.b of this rule.
13.8. Objections to Proposed Plugging -- Objections to the proposed plugging of 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 any provision of this rule. The Chief shall promptly rule on such objections at a hearing to be held after providing no less than five (5) days notice to the applicant and objectors.
13.9. Plugging Method Request by Coal Operator or Coal Seam Owner:
13.9.a. The request by a coal operator or coal seam owner made pursuant to W. Va. Code §22-6-24(d) for a well to be plugged in any manner allowed by W. Va. Code §22-6-24(d)(3), rather than by the method provided in W. Va. Code §22-6-24(c), shall be made on Form OB-16, Request by Coal Operator, Owner, or Lessee for Plugging Under W. Va. Code §22-6-24(d).
13.9.b. The well operator or owner in his sole discretion may waive the provision in W. Va. Code §22-6-24(d) that such request must be filed in writing with the Office prior to the scheduled plugging of the well. In the event of such waiver, the cost of undoing any part of the plugging work in order to comply with the coal operators or coal seam owners request shall be treated as a part of the cost of complying.
13.9.c. The Office shall make findings and issue an order in accordance with W. Va. Code §22-6-24(d)(2) by endorsement on or attachment to Form WW-4.
13.10. Statutory Affidavit -- The affidavit authorized by W. Va. Code §22-6-23 and subsection 12.2 of this rule shall be made on Form WR-38, Affidavit and Filling Well. The affidavit shall be executed by at least two (2) parties doing the actual work, whether they are employees of a service company, a plugging contractor, or the well owner operator.
W. Va. Code R. § 35-4-14 Plugging Methods
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 Offices 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).
W. Va. Code R. § 35-4-15 Reports
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 operators 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.
15.2. Accidents -- If any explosion or other accident causing loss of life or serious personal injury occurs in or about a well or well work on a well, the well operator or his contractor shall give notice, stating the particulars of the explosion or accident, to the district oil and gas inspector or the Chief.
W. Va. Code R. § 35-4-16 Reclamation
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.
16.2. Access Roads -- All access roads shall be constructed and maintained so as to prevent excess sedimentation, maintain natural drainage areas and, if practicable, to direct or carry away from disturbed areas surface water run-off from undisturbed areas.
16.3. Drilling Sites -- Drilling sites shall be constructed and maintained to prevent surface run-off carrying excessive sedimentation from the site, to confine all materials leaked or spilled as a result of drilling operations to the drilling site, and to prevent excess sedimentation by not placing in any stream any material moved or cut. Upon the plugging of a non-productive well, whether as a continuous operation with other permitted well work or otherwise, all cementing and other waste materials resulting therefrom shall be retained on the drilling site.
16.4. Wastewater Pits and Freshwater Impoundments -- All field constructed wastewater pits and freshwater impoundments shall meet the following minimum requirements:
16.4.a. All pits and impoundments shall be constructed and maintained so as to prevent seepage, leakage or overflows and to maintain their integrity.
16.4.b. Provisions shall be made for diverting surface water from the pits.
16.4.c. All pits and impoundments shall have adequate freeboard to prevent overflow, and in no case shall the freeboard be less than approximately two (2) feet. When an operator is unable to maintain adequate freeboard to prevent overflow, the operator shall notify the district inspector and an additional pit (or alternative overflow facility) shall be constructed under the supervision of the Chief. The additional pit or alternative overflow facility shall also meet the requirements specified in this subsection (16.4).
16.4.d. All pits and impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those pits and impoundments deemed to be suitable to prevent seepage or leakage based on soil analyses from the operator and standards developed and certified by a registered professional engineer and approved by the Office. Before deeming pits suitable to prevent seepage or leakage without a synthetic liner, the Chief shall notify the surface owner that the surface owner is entitled to receive notice of the application for the well work permit and that the operator has requested that the pit be deemed suitable to prevent seepage or leakage without a synthetic liner. If the surface owner objects, the Chief shall hold a hearing pursuant to article five, chapter twenty-nine-A of the Code of West Virginia before determining that the pit is suitable to prevent seepage or leakage. All such liners shall be installed in such a manner as to protect the structural integrity of both pit or impoundment and liner.
16.4.e. Dikes and embankments associated with pits and impoundments shall be constructed of compacted material and maintained with a slope that will preserve the structural integrity of such dike or embankment.
16.4.f. All dikes and embankments shall be free of trees and other organic matter, large rocks, or any other material which could be reasonably expected to adversely affect the structural integrity of the dike or embankment.
16.4.g. Reclamation of the pits and impoundments shall not cause an overflow and/or discharge of materials to waters of the state.
16.4.h. All pits and alternative overflow prevention facilities shall be constructed, maintained, and reclaimed so as not to be left in such condition as to constitute a hazard or to prevent use of the surface for any use available prior to the well activity after the expiration of the six (6) month or extended period for reclamation prescribed by W. Va. Code §22-6-30. The reclamation period for pits and impoundments permitted with multiple wells shall be calculated from the date the last well was drilled.
16.5. Surface and Underground Water Pollution.
16.5.a. Before commencing to drill any well for oil and gas, the well owner or operator shall make proper and adequate provision to prevent surface and underground water pollution.
16.5.b. When rotary drilling penetrates a formation known to contain substantial amounts of salt water, drilling will continue to the next casing point by drilling with mud, foaming, or other satisfactory methods for the purpose of isolating the salt water in the formation or preventing the discharge of salt water per se into a fresh water horizon or to the surface of the ground. In the case of foaming, it is recognized that a certain amount of salt water mixed with the cuttings will be discharged above the surface of the ground, which will be contained in sump pits no larger than necessary for this purpose.
16.6. Notifications Prior to Commencement of Work -- Prior to the construction of roads, locations and pits for any permitted well work, the operator or his contractor shall notify the appropriate oil and gas inspector and allow the opportunity of inspecting and approving the construction and method of reclamation for all proposed areas to be disturbed in siting, drilling, completing or producing the well. In addition, the well operator or his contractor shall notify the appropriate district oil and gas inspector twenty-four (24) hours before actual permitted well work is commenced.
16.7. Requirements for Production and Gathering Pipelines.
16.7.a. 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.
16.7.b. The Chief reserves the right to direct the burial of any line installed under this rule to protect the public safety, by order issued after notice and hearing under the Offices rules.
16.7.c. Subject to the reservation in subdivision 16.7.b. above, production and gathering lines subject to this rule shall conform with the following:
16.7.c.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:
16.7.c.1.A. Where the line crosses agricultural land as defined in W. Va. Code §19-19-2;
16.7.c.1.B. Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;
16.7.c.1.C. Where the line cannot more practically and reasonably be securely suspended to cross stream beds;
16.7.c.1.D. Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road; and
16.7.c.1.E. Where the Chief decides prior to installation that burial would be practical and reasonable.
16.7.c.2. All buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered in which case the minimum cover shall be six (6) inches;
16.7.c.3. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and
16.7.c.4. A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator; Provided, that any other suitable material or means for accomplishing this purpose may be employed.
16.7.d. Notwithstanding subdivision 16.7.c of this rule, the surface owner(s) of record of any tract subject to the provisions of W. Va. Code §22-6-30(d) shall have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on Form WR-75, Permission Not to Bury Production or Gathering Line, unless it is included in the recorded right-of-way or lease under which pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.
16.7.e. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his tract. 16.8 Operating in Designated Mining Areas.
16.8.a. In the event the coal permit holder, by certified mail, return receipt requested, provides a gas operator with a Notice of Designated Mining Area, the operator shall disclose by markers or drawing on one or more maps all natural gas pipelines as provided in subdivision 16.8.b below. For such notices received within one (1) year from the effective date of this rule, such disclosure shall occur within six (6) months of receipt of the Notice of Designated Mining Area. For such notices received after the date that is one (1) year from the effective date of this rule, the disclosure shall occur within ninety (90) days of the date of the receipt of such notice, but the Chief may extend this time period by not more than ninety (90) days for good cause shown.
16.8.b. Pipelines in designated mining areas.
16.8.b.1. All buried pipelines within a designated mining area shall be physically marked by the installation by or for the gas operator of above ground pipeline markers to be placed near the pipeline approximately along the line of sight, but not more than five hundred feet (500) apart. The pipeline markers shall be at least three feet (3) in height and include the word Warning, Caution, or Danger followed by the words Gas Pipeline, all of which must be in letters at least one inch (25 millimeters) high with one-quarter inch (6.4 millimeters) stroke, and show the name of the operator and the ten digit telephone number (including area code) where the operator can be reached. Markers shall be within twenty feet (20) of the pipeline where practicable; Provided, That if the pipeline has been buried or moved by a third party, the pipeline shall be marked on a best-efforts basis and, in any event, the gas operator shall not be required to dig or excavate to uncover the line. Markers in place as of January 1, 2009 that substantially conform to this Rule need not be replaced. The gas operator does not have a duty to replace markers unless those markers are damaged, disturbed or destroyed by the gas operator or someone acting on his behalf.
16.8.b.2. Unburied lines within a designated mining area will be marked as provided above or identified by providing the holder of the coal permit with computer-assisted or other drawings that show the approximate location of the unburied natural gas pipelines operated by that operator, or a topographical map on a scale no larger than one inch equals two thousand feet (1 = 2,000), showing the approximate location of the operators natural gas pipelines. The pipeline locations shown on the map shall be within three hundred feet (300) of the actual location of the line unless it has been buried or moved by a third party, in which event the map or drawings shall identify the line on a best-efforts basis.
16.8.b.3. Pipeline markers should be placed where reasonably possible within line of sight, but in such places where that may not be practical, other means may be used to establish markings along the line of sight, provided that the coal operator is informed of the alternative method of marking. Additionally, upon receipt of a Notice of Designated Mining Area, the gas operator shall provide the coal operator that provided the Notice of Designated Mining Area with a ten digit telephone number where the gas operator may be contacted.
16.8.b.4. The provisions of this subdivision may be superseded by a written agreement between the gas operator and the coal operator, which allows for notice of the location of pipelines by providing drawings, computer-assisted or otherwise, a topographical map of a scale no less detailed than one inch equaling two thousand feet (1 = 2,000) or by providing the GPS coordinates of such pipeline: Provided, That a copy of said agreement has been supplied to the Director of Miners Health, Safety, and Training and to the Chief.
16.8.c. Gas operators who have received a Notice of Designated Mining Area shall have a continuing obligation to comply with the disclosure requirements of this section with respect to: (i) all new pipelines installed by the operator subsequent to the operators initial disclosure; and (ii) all existing pipelines relocated by the gas operator elsewhere within a designated mining area subsequent to the operators initial disclosure.
16.8.d. Upon the operator providing the required maps, coordinates or drawings or upon the operator setting conforming pipeline markers, the operator shall certify to the Chief by notarized affidavit, sworn or attested under penalty of law, that, to the best of the operators knowledge and belief, or that of the operators authorized agent or representative: (i) the operator is aware of and understands its obligations pursuant to subdivision 16.8.a of this Rule; and (ii) the operator has complied fully therewith. The operator shall deliver a copy of the certification to the coal permit holder by certified mail, return receipt requested, to the address provided in the Notice of Designated Mining Area.
16.8.e. So long as mining activities are ongoing, and excepting a bona fide emergency, a gas operator shall attempt to contact the coal permit holder whenever the operator enters or leaves the designated mining area. An attempt shall be deemed sufficient if the operator checks in at any staffed guard gate or entrance, or if the operator telephones the contact number listed in the Notice of Designated Mining Area in a good faith effort to communicate with the coal permit holder.
16.8.f. If any provision of this section is deemed to conflict with the pipeline regulations of the United States Department of Transportation (DOT), then the DOT regulations shall prevail, be enforced, and govern the conduct otherwise subject to this section. Nothing in this section is intended to contravene any right or obligation imposed by contract, statute or the common law.
W. Va. Code R. § 35-4-17 Preventing Waste
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.
W. Va. Code R. § 35-4-18 Variances
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.
W. Va. Code R. § 35-4-19 Water Supply Testing
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 operators 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 operators 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 operators proposed well.
19.1.d. At an operators discretion, any or all water wells or springs within one thousand (1,000) feet of the operators proposed well may be sampled and analyzed in accordance with this section. 19.2 Notice.
19.2.a. Surface Owner -- The operator shall give notice to the owner of record of the surface tract (as defined in W. Va. Code §22-6-9) of the right of the user who is either an owner or occupant to request the operator to sample and analyze a well or spring in accordance with subdivision 19.1.a of this rule. The operator shall be deemed to have satisfied this requirement if notice is provided by the same methods utilized in conjunction with the permit application.
19.2.b. Generally -- The operator shall make a reasonable attempt to give additional notice of the right to request the operator to sample and analyze a well or spring in accordance with subdivision 19.1.a above. The operator will be deemed to have satisfied this requirement if notice is provided by any of the following methods:
19.2.b.1. By personal service or by posting notice at the entrance to any dwellings located within one thousand (1,000) feet and at any other locations within one thousand (1,000) feet of the operators proposed well where the use of such water wells and springs is conspicuous;
19.2.b.2. Mailing notice to dwellings located within one thousand (1,000) feet of the operators proposed well and posting at any other locations within one thousand (1,000) feet of the operators proposed well where the use of such water wells and springs is conspicuous; or
19.2.b.3. By any other means reasonably calculated by the Chief to provide adequate notice to the occupant/user.
19.2.c. Form -- The notice provided by the operator in accordance with this section shall be in a form approved by the Chief, which, at a minimum, shall contain a statement of the users right to request sampling and analysis, advise the user of his or her independent right to sample and analyze any water supply at the expense of the user, advise the user whether or not the operator will utilize an independent laboratory to analyze any sample, and advise the user of the availability through the Chief of a list of laboratories.
19.2.d. Timing -- For all wells, such notice shall be given at least forty-eight (48) hours prior to the commencement of well drilling. For well drilling permitted after August 1, 1993, the operator shall provide such notice prior to the time of the filing of any permit application with the Chief.
19.2.e. Filing with the Chief -- At the time of the filing with the Chief of the permit application for well drilling, the operator shall file with the Chief a statement describing whether any such users were identified and the manner in which any such users were provided with notice.
19.3. Sampling and Analysis.
19.3.a. Approved Methods -- The operator shall collect and analyze samples in accordance with methods approved by the Chief or as set forth at 40 CFR Part 136.
19.3.b. Parameters -- The operator shall analyze samples for the following parameters:
19.3.b.1. pH;
19.3.b.2. Iron;
19.3.b.3. Total dissolved solids;
19.3.b.4. Chloride;
19.3.b.5. Detergents (MBAS); and
19.3.b.6. Any others parameters as determined by the operator.
19.3.c. Laboratories -- The laboratory utilized by the operator shall be approved by the Chief as being capable of performing sample analyses in accordance with this section.
19.3.d. Distribution of Results -- The operator shall, no later than thirty (30) days after receipt of such sample analysis, provide the results of such sample analysis in writing to the Chief and to any of the users who may have requested such analysis in accordance with this section.
19.3.e. Certification of Results -- The submission of analytical results on behalf of the operator pursuant to subdivision 19.3.d. shall be made by a responsible operator representative or contractor knowledgeable of and responsible for the sampling and analysis of such samples, who shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
19.4. Operators Right of Entry.
19.4.a. After notice as required by this section, the operator (or any other contractor or laboratory directed by the operator to collect samples of water for analysis) may enter onto land upon which a water well or spring is located to conduct sampling as authorized by subsection 19.1 above. This right of entry may be exercised for this purpose without the permission of the landowner or water or spring users.
19.4.b. If any owner of the land or user of the water well or spring protests or acts to block the right of entry, then the right of entry may be enforced by a court with jurisdiction to enter an injunction regarding the land upon which the source or supply is located. However, if any person acts to block the right of entry provided herein, the operator is not required to enforce this right of entry and shall not be liable for any penalty or loss of rights, privileges, or permits based on the failure to exercise the right of entry and obtain the water sample otherwise required by this section.
19.4.c. If the operator or contractor does not enter onto land and obtain a water test because of a protest or action to block the operators or contractors entry, the protest or action to block entry shall be admissible as evidence in an action between the operator and any landowner or water well or spring user in which the results of the test would have been relevant.
19.4.d. The operator is liable for any reasonable actual damages done other than normal wear and tear of the property while gathering the sample required by this section. This provision does not limit other provisions of the law.
W. Va. Code R. § 35-4-20 Groundwater Remediation
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.
W. Va. Code R. § 35-4-21 Construction of Pits and Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels
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.
21.3. In constructing the dike or embankment, the operator shall remove all topsoil from the foundation, install cutoff trenches where necessary to ensure stability, provide for proper compaction and ensure against excessive settlement by excluding sod, roots or frozen soil from the embankment. Permanent vegetative cover, free of brush and trees, shall be established on all dikes and embankments.
21.4. A pit or impoundment that is constructed in such a manner that it (a) Rises twenty-five (25) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifteen (15) acre-feet or more of water; or (b) Rises six (6) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifty (50) acre-feet or more of water is, by definition, a dam and is thereby subject to the provisions of the West Virginia Dam Control Act, W. Va. Code §22-14-1, et seq.
21.5. Any impoundment that does not meet the criteria of section 21.4 above and that is intended to be left permanent shall meet the requirements set forth by the United States Department of Agricultures Natural Resources Conservation Service Conservation Practice Standard Ponds (Code 378). No pits may be left permanent.
21.6. Inspections.
21.6.a. After construction and prior to the placement of any fluid, all pits and impoundments with a capacity of greater than five thousand (5,000) barrels shall be inspected by a West Virginia registered professional engineer to ensure compliance with the certified design and construction plan. If the inspection reveals that the pit or impoundment has been constructed in accordance with the plan, the professional engineer shall certify that in writing to the Chief. Placement of fluid in the pit shall not begin until the certification has been filed with the Chief.
21.6.b. All pits and impoundments with a capacity of greater than five thousand (5,000) barrels containing fluid must be inspected every two (2) weeks for the life of the pit or impoundment and within twenty-four (24) hours of a significant rain event, which shall be defined as rainfall of two (2) inches or more in a six (6) hour period. Such inspection must be conducted by a company representative experienced in pit and impoundment construction. A company official shall certify to the Office monthly that the inspections have been conducted. If an inspection discloses a potential hazard, the company shall inform the Office within twenty-four (24) hours of the inspection the findings and of the emergency procedures implemented for public protection and remedial action.
APPENDIX A
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:
35CSR4
35CSR4
Series 05 Designation Of Future Use And Inactive Status For Oil And Gas Wells Rule
W. Va. Code R. § 35-5-1 General
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.
W. Va. Code R. § 35-5-2 Definitions
Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code ''22-1-2 and 22-6-1 shall apply to this rule in addition to the definitions set forth below:
2.1. "W Va. Code" shall mean the West Virginia Code of 1931, as amended.
2.2. "Abandoned well" shall mean any well which is completed as a dry hole or which has not produced in commercial quantities for a period of twelve consecutive months.
2.3. "Active Status" shall mean any well producing oil or gas in commercial quantities, or being operated pursuant to underground injection control permits, or being operated in conjunction with the underground storage of hydrocarbons.
2.4. "Barrel" shall mean forty-two (42) U. S. gallons of two hundred thirty-one (231) cubic inches each of liquid, including slurries, at a temperature of sixty (60) degrees Fahrenheit.
2.5. "Chief@ shall mean the Chief of the Office of Oil and Gas as designated by the Director of the Division of Environmental Protection.
2.6. "Completion of the drilling process" shall mean the date on which a drilling rig ceases operation on the drilling site for more than thirty (30) consecutive days.
2.7. "Cubic foot of gas" shall mean the volume of gas contained in one (1) cubic foot at a standard pressure base of fourteen point seven three (14.73) pounds per square inch (absolute), and a standard temperature of sixty (60) degrees Fahrenheit.
2.8. "Gas-oil ratio test" shall mean a test, by any means generally accepted in the industry, to determine the number of cubic feet of gas produced per barrel of oil produced.
2.9. "Gas well" shall mean any well which produces or appears capable of producing a ratio of six thousand (6,000) cubic feet of gas or more to each barrel of oil on the basis of the initial gas-oil ratio test.
2.10. "Initial gas-oil ratio test" shall mean the gas-oil ratio test performed for the purpose of completing Form WR-36, "Well Operator's Report of Initial Gas-Oil Ratio Test," to designate the type of well.
2.11. "Log or Well log" shall mean a systematic, detailed geologic record of all formations, including coal, fresh water, and salt water encountered in the drilling of a well.
2.12. "Oil well" shall mean any well which produces or appears capable of producing a ratio of less than six thousand (6,000) cubic feet of gas to each barrel of oil on the basis of the initial gas-oil ratio test.
2.13. "Payout ratio" shall mean for the purposes of this rule, the ratio of the estimated gross receipts of income from the well divided by the estimated cost of completing and placing the well into production.
2.14. "Production in commercial quantities" shall mean production of natural gas or oil or both from a well or reservoir which is either sold or delivered to one other than the operator, or retained by the operator or any owner of the production at severance for beneficial economic use: Provided, that natural gas used for the testing of natural gas wells or for other field uses which are production related, shall not be considered produced in commercial quantities.
W. Va. Code R. § 35-5-3 Procedure for Designation of Bona Fide Future Use
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.
3.2. The operator shall file a separate designation of bona fide future use for each well for which it seeks a determination from the chief.
3.3. In order to extend the inactive status period, the operator shall file a new Designation of Bona Fide Future Use on forms prescribed by the chief within two (2) weeks prior to the end of the inactive status period.
The operator shall notify the chief of a change in an inactive well's status to either active or abandoned within thirty days after the change in status.
W. Va. Code R. § 35-5-4 Demonstration of Designation of Bona Fide Future Use
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.
W. Va. Code R. § 35-5-5 Inactive Status
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.
5.2. The chief shall determine whether sufficient data and information have been provided to make a determination that the well has a bona fide future use and is properly deemed in inactive status.
5.3. The chief may require the operator of any well in inactive status to monitor the mechanical integrity of such well, and to require the operator to submit reports on the integrity of the well to the chief.
5.4. The inactive status of any well with a designation of bona fide future use shall be valid for the time period requested by the operator, not to exceed five (5) years from the date of filing with the chief, unless inactive status is revoked pursuant to subsection 5.5 of this rule, or unless the operator elects to extend the inactive status period pursuant to the provisions of subsection 3.3 of this rule.
5.5. The chief may revoke the inactive status of any well upon a finding that:
5.5.a. The operator has failed to comply with the provisions of W. Va. Code '22-6-1 et seq;
5.5.b. The operator has failed to comply with the provisions of this rule;
5.5.c. The well does not satisfy the requirements of this rule; or
5.5.d. The well does not have a bona fide future use.
5.6. Any well that is not in active or inactive status shall be deemed abandoned and shall be promptly plugged by the operator.
W. Va. Code R. § 35-5-6 Effect on Nongovernmental Actions
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.
35CSR5
Series 06 Abandoned Wells Rules
W. Va. Code R. § 35-6-1 General
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.
W. Va. Code R. § 35-6-2 Definitions
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.
W. Va. Code R. § 35-6-3 Declaration of Operator Status
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.
3.2. Declaration procedures. The procedure for declaration of operator status will be the same procedure that is outlined in 35CSR4, subsection 10.3.
W. Va. Code R. § 35-6-4 Financial Responsibility Requirements
4.1. General requirements. Operators shall comply with W. Va. Code '22-6-26, and any rules promulgated thereunder, and W. Va. Code ''22-10-4 and 5, and any rules promulgated thereunder, for all wells.
4.2. Wells for which an operator is known but are presently unbonded. Operators of wells which are currently unbonded shall comply with W. Va. Code '22-6-26, and any rules promulgated thereunder, and with ''22-10-4 and 5, and any rules promulgated thereunder, by filing form OP-7 for single wells or form OP-8 for multiple wells as provided in the following sections, or form OP-77 to transfer such well to the operator's existing fifty thousand dollar ($50,000) blanket bond.
4.3. Demonstration of unjust hardship; suspension of financial responsibility requirements; percentage payments.
4.3.a. An operator desiring to demonstrate unjust hardship as a result of having to comply with W. Va. Code ''22-10-4 and 22-10-5 and therefore, fulfill the legal duties imposed by demonstrating financial responsibility under either W. Va. Code ''22-10-4 (b)(1) or (2), shall file with the chief a request to be authorized to suspend financial responsibility or make percentage payments. Such request shall, in addition to any other information as the operator believes establishes such unjust hardship, include information which may be requested by the chief.
4.3.b. An operator who demonstrates to the satisfaction of the chief that complying with the financial responsibility requirements will result in an unjust hardship may be authorized to either suspend the financial responsibility requirements in accordance with W. Va. Code '22-10-4 (b) (1), or make percentage payments in accordance with W. Va. Code '22-10-4 (b) (2), and the rules promulgated thereunder.
4.3.c. All requests for determinations of unjust hardship under this section shall be in writing and shall be responded to in writing by the Office of Oil and Gas within thirty (30) days of the receipt of the written submittal requesting a determination by the Office of Oil and Gas.
4.3.d. Demonstration of financial responsibility by percentage payments. An operator may be authorized by the chief to demonstrate financial responsibility by supplying a percentage of any required amount in accordance with the following schedule: supplying twenty percent of any required amount by no later than the first day of July, one thousand nine hundred ninety-four; forty percent no later than the first day of July, one thousand nine hundred ninety-five; sixty percent no later than the first day of July, one thousand nine hundred ninety-six; eighty percent by the first day of July, one thousand nine hundred ninety-seven; and one hundred percent by the first day of July, one thousand nine hundred ninety-eight. Such payment shall be accompanied by such forms as prescribed by the chief. In the event an operator is not in compliance with the required percentage demonstration of financial responsibility by the required date, the operator shall be considered to be in violation of the financial responsibility requirements, and the chief shall order the well(s) shut in, and may order the wells to be plugged.
4.3.e. The chief shall have the right to forfeit any amounts deposited prior to the completion of depositing the total amount in the event that the chief complies with procedures to forfeit a bond.
4.3.f. Demonstration of unjust hardships to suspend financial responsibility requirements. Except for demonstrating financial responsibility in compliance with W. Va. Code '22-10-4(b)(2), the determination of unjust hardship to suspend the demonstration of financial responsibility shall not extend beyond the first day of July, one thousand nine hundred ninety-five. In the event an operator is not in compliance with the demonstration of financial responsibility by the required date as set forth previously, the operator shall be considered to be in violation of the financial responsibility requirements, and the chief shall order the well(s) shut in, and may order the wells to be plugged.
W. Va. Code R. § 35-6-5 Plugging by Interested Parties
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.
5.2. Certificate of Service. Such interested party shall submit with the application for a plugging permit either a certificate that notice was given as required or proof of service of the notice.
5.3. "Premises where any abandoned well is situated" shall mean all of the surface and other interests:
5.3.a. which are reasonably necessary for a site to plug the well;
5.3.b. which are reasonably necessary for access to the well site; and
5.3.c. which are otherwise reasonably necessary for plugging the abandoned well.
5.4. For the purposes of determining the "Premises where any abandoned well is situated" pursuant to subsection 5.3, some reasonable easement must exist to plug the well, but in determining which premises are necessary and the amount of premises which are necessary, the interests of the surface or other interests must be equally balanced with the interests of the interested party in plugging the well.
5.5. "Surface owner" shall mean any owners of the surface of the premises where any abandoned well is situated as defined in this section: Provided, that for the purpose of the potential right to take any casing, equipment or other salvage, "surface owner" shall only mean the owner of the surface of the site where the well plugging work is done.
W. Va. Code R. § 35-6-6 Priority of Expenditures from the Oil and Gas Reclamation Fund
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.
6.2. Priority classification procedure.
6.2.a. All abandoned wells identified by the census of abandoned wells and which do not have an operator or not in compliance with the financial responsibility requirements or do not have an independent source of funding, shall be placed into Classification Two unless the chief otherwise places the abandoned well(s) into either Classification Three or Classification One.
6.2.b. Any abandoned well in Classification One, Classification Two, or Classification Three may be plugged by an interested party or by the chief of the Office of Oil and Gas. In the event that an interested party desires to plug a well which is included in Classification One, and the interested party has demonstrated to the satisfaction of the chief that the interested party does not have sufficient funds with which to plug the well, the chief shall have the discretion to expend funds from the Oil and Gas Reclamation Fund to partially assist in the plugging.
6.3. Classifications.
6.3.a. Classification One. Abandoned wells in Classification One shall be those that pose an immediate threat to human health, safety, or the environment, or are such an impediment to the development of mineral resources as to require immediate plugging. Wells which pose an immediate threat to human health, safety, or the environment shall take priority over those wells which impede the development of mineral resources.
6.3.b. Classification Two.
6.3.b.1. Abandoned wells in Classification Two are those abandoned wells which are not an immediate threat to the environment, or which do not hinder or impede the development of mineral resources of this state, but which should be plugged consistent with funds in the oil and gas reclamation fund, and such other resources as may be available to the chief.
6.3.b.2. Abandoned wells in Classification Two will include all abandoned wells identified by the abandoned well census and not otherwise placed by the chief into Classification One or Classification Three.
6.3.c. Classification Three. Abandoned wells in Classification Three will include all abandoned wells which are not a threat to the environment, and which do not hinder or impede the development of mineral resources of this state and for which plugging may be deferred.
W. Va. Code R. § 35-6-7 Schedules for Plugging of Abandoned Wells
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.
W. Va. Code R. § 35-6-8 Emergency Procedure
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.
35CSR6
Series 08 Horizontal Well Development
W. Va. Code R. § 35-8-1 General
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
W. Va. Code R. § 35-8-2 Definitions
Unless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 22-1-2, 22-6-1, 22-6A-4, and 22-11-3 apply to this rule in addition to those definitions set forth below:
2.1. W. Va. Code means the West Virginia Code of 1931, as amended.
2.2. Barrel means forty-two (42) U.S. gallons of two hundred thirty-one (231) cubic inches each of liquid, including slurries, at a temperature of sixty (60) degrees Fahrenheit.
2.3. Chief means Chief of the Office of Oil and Gas as designated by the Secretary of the Department of Environmental Protection.
2.4. Coal permit means a valid current surface mining permit issued by the Department of Environmental Protection.
2.5. Coal permit holder means the party that is registered with the West Virginia Office of Miners Health, Safety, and Training as the operator of a coal permit. The coal permit holder may also be known or referred to as the coal mine operator.
2.6. Cubic foot of gas means the volume of gas contained in one (1) cubic foot of space at a standard pressure base and a standard temperature base. The standard pressure base shall be fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia), and the standard temperature base shall be sixty (60) degrees Fahrenheit.
2.7. Day means a period of twenty-four (24) consecutive hours.
2.8. Designated agent means 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 § 22-6A-7(h) may be served.
2.9. Designated mining area means an area of real property subject to a coal permit, further depicted or described in the Notice of Designated Mining Area, where excavation work will be conducted within the succeeding twelve (12) months.
2.10. Excavation work means work where vegetation, timber, topsoil or overburden will be moved, removed or placed by surface mining operations and includes surface impacts incident to underground coal mine operations.
2.11. Gas-oil ratio test means a test, by any means generally accepted in the industry, to determine the number of cubic feet of gas produced per barrel of oil produced.
2.12. Gas well means any well that produces or appears capable of producing a ratio of six thousand (6,000) cubic feet of gas or more to each one (1) barrel of oil on the basis of the initial gas-oil ratio test.
2.13. Health care professional means a physician, physician assistant, nurse practitioner, registered nurse, or emergency medical technician licensed by the State of West Virginia.
2.14. Initial gas-oil ratio test means the gas-oil ratio test preformed for the purpose of completing Form IV-36, Well Operators Report of Initial Gas-Oil Ratio Test, to designate the type of well being drilled.
2.15. Karst terrain means a terrain, generally underlain by limestone or dolomite, in which the topography is formed chiefly by the dissolving of rock and which may be characterized by sinkholes, sinking streams, closed depressions, subterranean drainage, and caves, as such areas (known as karst regions) have been identified, mapped, and published by the West Virginia Geological and Economic Survey.
2.16. Log or well log means a systematic, detailed geological record of all formations, including coal, freshwater, and salt water encountered in the drilling of a well.
2.17. Natural gas pipeline means a pipeline, other than an interstate or utility pipeline, that is used to transport natural gas.
2.18. Notice of Designated Mining Area means a written notice from a coal permit holder that contains the following information: (a) A copy of the mine plan permit maps previously submitted to the Department of Environmental Protection in connection with the permit, pursuant to W. Va. Code § 22-3-9(12) and 38 CSR 2 § 3.4, with a discernible boundary identifying the designated mining area where excavation work will be conducted within the following twelve (12) month period.; and (b) The general location of all oil and gas wells and pipelines known to the coal mining permit holder or operator or identified in the coal permitting process, together with any GPS or other survey information in the possession of the coal permit holder that identifies the location of any natural gas pipelines in the designated mining area; and (c) The office telephone number and mailing address for the mine where the work will occur and identification of the location of any staffed guard gate or entrance.
2.19. Office means the Office of Oil and Gas within the Department of Environmental Protection.
2.20. Oil well means any well which produces or appears capable of producing a ratio of less than six thousand (6,000) cubic feet of gas to each one (1) barrel of oil on the basis of the initial gas-oil ratio test.
2.21. Staff gauge means a continuously functioning measuring device in the field designed to record the height of water in a stream or river.
2.22. Stream gauging station means an active, continuously functioning measuring device in the field for which a mean daily stream flow is computed or estimated and quality assured for at least 355 days of a water year or a complete set of unit values are computed or estimated and quality assured for at least 355 days of a water year.
2.23. Surface owner of record and owner of record of the surface means 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 oil and gas or other mineral ownership.
2.24. Well completion means the date on which hydraulic fracturing operations have ceased for more than 30 consecutive days.
W. Va. Code R. § 35-8-3 Forms
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 Departments 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.
W. Va. Code R. § 35-8-4 Violations, Findings, and Orders
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 Offices power to initiate any other lawful proceedings concerning violations of W. Va. Code § 22-6A-1 et seq. or this rule.
W. Va. Code R. § 35-8-5 Permits, Notice, Review
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).
5.1.b. Where there is more than one type of well work, a single application may be used so long as all well work is noted on the Form WW-6B filed in connection therewith. Form WW-6B shall also include:
5.1.b.1. The casing program, as detailed in section 9.2 of this rule;
5.1.b.2. The anticipated depth and thickness of any producing formation, expected pressures, anticipated fresh groundwater zones, and the method or information by which the depth of the deepest fresh groundwater zone was determined;
5.1.b.3. The diameter of the borehole.
5.1.b.4. The casing type, whether the casing to be used is new or used, and the depth, diameter, wall thickness, and burst pressure rating for the casing;
5.1.b.5. The cement type, yield, additives, and estimated amount of cement to be used;
5.1.b.6. The estimated location of centralizers;
5.1.b.7. The proposed borehole conditioning procedures; and
5.1.b.8. Any alternative methods or materials required by the Chief as a condition of the well work permit.
5.1.c. An application for a permit to plug a well shall be made on Form WW-4(B), Application to Plug and Abandon a Well, and shall be accompanied by:
5.1.c.1. A Notice of Application to Plug and Abandon a Well, in the form prescribed by the Chief;
5.1.c.2. A plat in the form prescribed by section 6 below unless the operator complies with subdivision 19.1.f. below; and
5.1.c.3. A bond in one of the forms prescribed by section 8 below, or in lieu thereof cash or collateral security required by W. Va. Code § 22-6A-15.
5.1.d. The applicant for any permit mentioned in this rule must file an original and two (2) copies of the application and the plans associated with the application.
5.1.e. The permit and any conditions to or modifications of the proposed permitted well work shall be issued by endorsement on or attachment to the Permit copy of the Application (Form WW-6B or WW-4(B) as applicable) and the Water Management Plan Approval.
5.1.f. Any permit issued pursuant to this section shall expire automatically unless the permitted well work is commenced within twenty-four (24) months of the date the permit was issued. No permit shall be extended to authorize the commencement of well work after the expiration of twenty-four (24) months from the date the permit was issued.
5.1.g. Irrespective of the scope of the well work for which a permit was originally issued, the operator shall file a new application for any well work performed subsequent to the expiration of the reclamation period, including any extensions granted pursuant to W. Va. Code § 22-6A-14.
5.1.h. In the event an operator drilling a horizontal well encounters conditions or experiences events in the borehole prior to reaching the intended total depth of the permitted well work, which conditions or events result in the inability to drill to the intended total depth of the permitted well work, the operator may submit an application to the Chief requesting permission to drill a new, replacement borehole. The notice and comment periods provided by W. Va. Code § 22-6A-10 that accompanied the original borehole shall satisfy the notice and comment requirements for the new, replacement borehole permit application, except that the operator shall provide notice to the coal owner, operator or lessee as required by W. Va. Code § 22-6A-10(b)(3). The objection period associated with the notice to the coal owner, operator or lessee may be waived pursuant to the provisions of W. Va. Code § 22-6A-8(b). The new, replacement borehole permit application must be identical to the original well work permit application, with the exception of the location coordinates for the new, replacement borehole and any necessary revisions to the casing program or design. The new, replacement borehole must be located on the same well pad as the original borehole, and it must meet all applicable spacing requirements. The original borehole must be plugged in a manner approved by the Chief. Verbal permission to plug the existing borehole may be granted by the Chief or the Chiefs designee in the event the drilling operations have been continually progressing on the hole to be plugged. Within five (5) days of commencement of plugging operations, the operator shall submit a plugging permit application to the Chief and provide notice as provided by W. Va. Code § 22-6A-10(b).
5.1.i. In any area having karst terrain, as identified, mapped, and published by the West Virginia Geological and Economic Survey, prior to submitting its application, the operator shall conduct testing at the proposed drilling site in order to identify caves and other voids, faults and relevant features in the strata. The operator shall also conduct testing to identify surface features such as sinkholes. The results of these tests shall accompany the permit application.
5.2. Flat Well Royalty Leases.
5.2.a. Any application for a well work permit subject to the provisions of W. Va. Code § 22-6A-5(a)(5) shall include the information required by W. Va. Code § 22-6-8(c). The required information may be recorded on the applicable form of the Notice of Application in lieu of filing copies of the well operators lease or leases or other continuing contract or contracts.
5.2.b. If the applicants right to extract, produce or market the oil or gas is based upon a lease or leases or other continuing contract or contracts providing for a flat well royalty or any similar provision for compensation to the owner of the oil or gas in place that is not inherently related to the volume of oil and gas so extracted, produced, and marketed, then the affidavit to be furnished pursuant to W. Va. Code § 22-6-8(e) shall be submitted on Form WW-60.
5.3. Notice to Surface Owners of Record; Proof of Notice; Comments.
5.3.a. For purposes of notice of surface owners of record pursuant to W. Va. Code §§ 22-6A-10 and 22-6A-16, the applicant well operator is entitled to assume, subject to performing the public record review described in subdivision 5.3.b. below, that the specific person(s) listed on the relevant tax ticket(s) maintained by the Sheriff pursuant to W. Va. Code § 11A-1-8 (as distinguished from the listing of an estate or of person(s) as agent or with et al. or heirs or other designation indicating unspecified owners or record), were in fact surface owners of record when the tax ticket was prepared.
5.3.b. To establish that a surface owner identified on a tax ticket has not transferred an interest in the surface, the applicant well operator must review, from the date the surface owner acquired the surface, or for ten (10) years prior to the date of the review, whichever period is shorter, the Grantor Index and the Fiduciary Index maintained in the office of the Clerk of the County Commission. If the review identifies surface owner(s) in replacement of or in addition to the tax ticket listing, all successor names shall likewise be checked in the Grantor and Fiduciary Indexes to establish the surface owner(s) of record on the date the review is made. If more than three tenants in common or other co-owners of interests described in W. Va. Code § 22-6A-10(c)(1) hold interests in the lands, the applicant may serve the documents required upon the person described in the records of the sheriff required to be maintained pursuant to W. Va. Code § 11A-1-8.
5.3.c. Where the relevant tax ticket(s) list an estate or list person(s) as agent or with et al. or heirs or other designation indicating unspecified owners of record, the applicant well operator must use records in the office of the Clerk of the County Commission to determine whether the total number of owners is more than three (3) and, if the total number of such owners is three (3) or less, the name(s) of the surface owner(s) of record on the date the review is made.
5.3.d. If the identification of the surface owners of record is made pursuant to the criteria of subdivisions 5.3.a. and 5.3.b. or 5.3.c. within ninety (90) days of the date of filing the application for a permit, the applicant well operator need not review the records again prior to the filing.
5.3.e. Proof of personal service may be made by the return of any sheriff or other official empowered by law to serve process or by affidavit of personal service on Form WW-70 by any person, including but not limited to any employee or agent of the applicant well operator. If service is affected by certified mail, service is effective upon mailing, and the return receipt card or other postal receipt for certified mailing with postal stamp affixed or photocopy will be accepted as proof of service.
5.3.f. No permit will be issued until all required proofs of notice have been filed with the Chief.
5.3.g. All comments filed pursuant to the provisions of W. Va. Code §§ 22-6A-10(e) and 22-6A-11 shall be in writing and should contain the name, address, and telephone number of the person filing the comment, the applicant well operators name and well number, and the approximate location of the proposed well site, including district and county as indicated in the permit application. Comments may be accompanied by other pertinent documents in support of the comment. Other than as prescribed in this rule, no particular form for the comment is prescribed.
5.4. Erosion and Sediment Control Plan
5.4.a. Erosion and sediment control plans submitted in conjunction with applications for well work permits involving well sites that disturb three acres or more of surface (excluding pipelines, gathering lines, and roads) shall be certified by, and constructed in accordance with plans certified by, a West Virginia registered professional engineer and in compliance with best management practices (BMPs) established by the Chief and provided in the Offices erosion and sediment control field manual, and contain both a narrative and a set of drawings. The plans shall be considered conditions of the permit and be enforceable as such.
5.4.b. The narrative components of the plan shall include:
5.4.b.1. A general sequence of events that describe in relative terms how and when each construction phase (i.e. clearing and grubbing, mass grading, stabilization) will occur and when each erosion and sediment control BMP will be installed;
5.4.b.2. A description of the stabilization methods to be used, including the application rates for temporary and permanent seeding and mulching, as well as the timeframes for establishing stabilization; and
5.4.b.3. Details or specifications for the erosion and sediment control BMPs employed on the project.
5.4.c. The drawings submitted with the plan shall include:
5.4.c.1. A vicinity map locating the site in relation to the surrounding area and roads;
5.4.c.2. A plan view site map at a scale of one inch equal to one hundred feet (1 = 100) or greater, showing appropriate detail of all site features, including the identification of site access that provides for a stabilized construction entrance and exit to reduce tracking of sediment onto public or private roads; and
5.4.c.3. The location of all proposed erosion and sediment control BMPs.
5.5. Site Construction Plan
5.5.a. All applications for well work permits involving well sites that will disturb three acres or more of surface (excluding pipelines, gathering lines, and roads) shall be accompanied by a site construction plan certified by, and constructed in accordance with plans certified by, a West Virginia registered professional engineer. The plan shall describe the nature and purpose of the construction project and identify the procedures for construction that will be used to achieve site stability. The plan shall be considered conditions of the permit and be enforceable as such.
5.5.b. The site construction plan shall contain the following information:
5.5.b.1. A vicinity map locating the site in relation to the surrounding area and roads;
5.5.b.2. A plan view site map at a scale of one inch equal to one hundred feet (1 = 100) or greater that shows appropriate detail of all site features and:
5.5.b.2.A. Clearly identifies the limit of disturbance for the project;
5.5.b.2.B. Provides existing topographic information on a contour interval that affords sufficient detail to illustrate site terrain conditions;
5.5.b.2.C. Identifies proposed cut and fill areas with grading contours at an interval that provides sufficient detail to accurately depict slope ratios, indicating top and bottom of slopes; and
5.5.b.2.D. Identifies any existing structures, roads, water bodies, karst terrain, and other critical areas within the area that would most likely be affected by the construction.
5.5.b.3. A cross-section of the length and width of the location, providing cut and fill volumes; and
5.5.b.4. Any other engineering designs or drawings necessary to construct the project.
5.5.c. At a minimum, site construction shall be conducted in accordance with the following criteria:
5.5.c.1. All woody material, brush, and trees shall be cleared from the site area and the cleared area kept to the minimum necessary for proper construction, including the installation of necessary sediment controls. Trees six inches (6) in diameter and larger shall be cut and logs stacked, unless agreed to otherwise by the operator and timber owner. However, in no case shall organic material be buried;
5.5.c.2. Topsoil shall be removed from construction areas and stockpiled for reuse during reclamation. In woodland areas, tree stumps, large roots, large rocks, tree and leaf debris, and ground vegetation shall be removed prior to actual site construction;
5.5.c.3. No embankment fill shall be placed on frozen material;
5.5.c.4. The fill material shall be clean mineral soil, free of roots, woody vegetation, stumps, sod, large rocks, frozen soil or other objectionable material;
5.5.c.5. Embankment material shall exhibit adequate soil strength and contain the proper amount of moisture to ensure that compaction will be achieved;
5.5.c.6. Earthen fill slopes shall be constructed with slopes no steeper than a ratio of two-to-one (2:1) horizontal to vertical;
5.5.c.7. Soil fill material shall be placed in lifts or layers over the area to receive the fill. Soil lift thickness shall be between six (6) and twelve (12) inches, provided that proper compaction can be achieved throughout the entire thickness of the lift.
5.5.c.8. The size of rock lifts shall not exceed thirty-six inches (36). The rock shall not be greater in any dimension than thirty-six inches (36);
5.5.c.9. Compaction shall be obtained by compaction equipment so that the entire surface of each fill lift is compacted to an appropriate density. Each lift shall be compacted before beginning the next lift. Minimum compaction requirements for embankment fills shall be ninety-five percent (95%) of the Standard Proctor density as established in the American Society for Testing and Materials Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (ASTM D-698). After determination of the required parameters indicated by the soil tests, the engineer shall specify an acceptable moisture range.
5.5.c.10. Surface water diversion ditches shall be constructed above the disturbed area and maintained to intercept water and to divert surface water runoff around the site; and
5.5.c.11. In areas of steep terrain, a terraced bench shall be constructed at the base of the slope where fill is to be placed, creating a toe foundation and aid in holding fill material. Additional terracing shall be constructed for each additional fifty vertical feet (50) of slope and shall be a minimum of ten feet (10) wide.
5.5.c.12. Well pads shall be fully enclosed by berm structures or an engineered berm equivalent approved by the Chief. If an earthen berm is employed, the berm shall be a minimum of two feet (2) in height with a two foot (2) top. Minimum compaction requirements for raised earthen berms shall be the same as those for embankment fills as set forth in subdivision 5.5.c.9 above and have maximum side slopes of one and one-half horizontal to one vertical (1.5:1). The area where the access road meets the well pad shall be equipped with a mountable berm structure. Sumps may be installed to release stormwater from the pad with the exception of when drilling and completion activities are in progress.
5.6. Water Management Plan
5.6.a. All applications for well work permits shall include an estimation of the volume of water that will be used in conjunction with drilling, fracturing or stimulating the well for which the permit is sought and, if the drilling, fracturing or stimulating of the well requires the use of water obtained by withdrawals from waters of this State in amounts that exceed two hundred ten thousand (210,000) gallons during any thirty-day period, the application for a well work permit shall include a water management plan. The water management plan is considered a condition of the permit, and it is enforceable as such.
5.6.b. The water management plan, which may be submitted either on an individual well basis or on a watershed basis, shall include the following information:
5.6.b.1. The type of water source, such as surface or groundwater, the county in which each water source to be used for water withdrawals is located, and the latitude and longitude of each anticipated withdrawal location;
5.6.b.2. The anticipated volume of each water withdrawal;
5.6.b.3. The anticipated months when water withdrawals will be made;
5.6.b.4. The planned management and disposition of wastewater from fracturing, stimulation, and production activities;
5.6.b.5. A listing of the anticipated chemical additives, including Chemical Abstract Service (CAS) registry numbers, that may be used in the hydraulic fracturing or stimulating of the well, and, upon well completion, a listing of the chemical additives, including CAS registry numbers, that were actually used in the hydraulic fracturing or stimulating of the well shall be submitted as part of the completion report required by W. Va. Code § 22-6A-5(a)(14) and section 10 below;
5.6.b.6. For all groundwater withdrawals, the results of an aquifer test, as defined in subparagraph 9.1.a.4.A. below supporting the feasibility of the water supply well as a water source at a proposed pump rate.
5.6.c. For all surface water withdrawals, the water management plan shall include the following, in addition to the information required in subdivision 5.6.b above:
5.6.c.1. Identification of the current designated and existing water uses, including any public water intakes within one mile downstream of the withdrawal location;
5.6.c.2. A demonstration, using methods acceptable to the Secretary, that sufficient in-stream flow will be available immediately downstream of the point of withdrawal. Sufficient in-stream flow is maintained when pass-by flow that is protective of the identified use of the stream is preserved immediately downstream of the point of withdrawal; and
5.6.c.3. Identification of the methods to be used to minimize significant adverse impact to aquatic life.
5.6.d. As part of the agencys approval of a proposed Water Management Plan, the agency will provide to the operator both a minimum stream flow requirement at a specified United States Geological Survey-operated stream gauging station and a minimum pass-by flow requirement that must be maintained immediately downstream of each proposed surface water withdrawal point. For proposed groundwater withdrawal locations, the agency shall review the operators aquifer test data to evaluate the appropriateness of the proposed withdrawal rate. In some cases, groundwater withdrawal locations may be provided a minimum stream flow requirement that must be maintained. Operators receiving withdrawal thresholds from the agency must adhere to both the minimum gauge reading and pass-by flow requirements. Demonstration that pass-by flow requirements are met must be done in a manner acceptable to the Secretary. At withdrawal locations where operators monitor stream flow to ensure minimum pass-by flows are maintained in accordance with paragraph 9.1.a.1., such findings shall be sufficient for commencement of a withdrawal.
5.6.e. Signage shall be posted at each water withdrawal site that: discloses that the location is a water withdrawal point; includes the water withdrawal site name as defined in the approved water management plan; identifies the operator and well pad name(s) for which the water will be used; and provides a contact telephone number for that operator and a contact telephone number and website address for the Office of Oil and Gas.
5.6.f. Wastewater generated from drilling, fracturing, stimulation, and production activities may be used for drilling, fracturing, and stimulation activities. Any wastewater brought from another well location shall be stored in pits or tanks or centralized waste pit facilities to be used at the new well location. The use of wastewater shall be identified in the plan.
5.7. Well Site Safety Plan
5.7.a. All applications for well work permits shall be accompanied by a well site safety plan to address proper safety measures to be employed for the protection of persons on the well site, as well as the general public in the area surrounding the well site. Each plan shall be specific to the well site described in the permit application and include the surrounding area. The plan shall encompass all aspects of the operation, including the actual well work for which the permit is sought, the anticipated Safety Data Sheets (SDS) for the chemical components added to the hydraulic fracturing fluid, and completion, production, and work-over activities. It shall be made available on the well site during all phases of the operation and provide an emergency point of contact and twenty-four (24)-hour contact information for the well operator. At least seven (7) days before commencement of well work or site preparation work that involves any disturbance of the land, the well operator shall provide a copy of the well site safety plan to the local emergency planning committee (LEPC) for the emergency planning district in which the well work will occur or to the county office of emergency services. The operator shall also provide one copy of the Well Site Safety Plan to the surface owner, any water purveyor and any surface owner subject to notice and water testing as provided in section 15 of this rule: Provided, That in the event the Well Site Safety Plan previously provided to a surface owner, water purveyor or surface owner, is later amended, in whole or in part, the operator shall provide a copy of the amendments to the surface owner, water purveyor or surface owner. The operator should work closely with the local first responders to familiarize them with potential incidents that are related to oil and gas development, so that the local first responders have the information they need to provide the support necessary for the operator to implement the well site safety plan. The well site safety plan shall include, at a minimum, the information contained in subdivision 5.7.b. through 5.7.h.
5.7.b. Siting Requirements
5.7.b.1. A plan view map showing the well location, access road, pits, flare lines, dwellings, and noting the north and prevailing wind directions;
5.7.b.2. An area topographical map showing the well site location that includes latitude and longitude coordinates at the well site entrance and the point at which the access road intersects with the public road, which shall be identified by route number and/or name;
5.7.b.3. An evacuation plan for the removal of personnel and residents in the surrounding area who have the potential to be affected by an emergency;
5.7.b.4. A list of telephone numbers, including twenty-four (24)-hour contact information, for the following entities: the operator, any known contractors of the operator that will be on the site, the Department, the oil and gas inspector, the oil and gas inspector supervisor, and local emergency response units. This information shall be provided for all remaining contractors at the pre-spud meeting; and
5.7.b.5. A list of all schools and public facilities within a one-mile radius of the proposed well site, including telephone numbers for the same.
5.7.c. Well Control and Blowout Preventer (BOP) Requirements
5.7.c.1. A list of all BOP equipment and casing heads, including types, sizes, and ratings used during drilling, completion, and work-over operations shall be maintained on site;
5.7.c.2. The procedure and schedule for testing the BOP stack as follows: for the bottom and horizontal wellbore drilling phase, the BOP equipment shall be function tested upon initial installation, weekly, and after each bit trip unless otherwise authorized by the Office as part of a well work permit. It shall be pressure tested upon initial installation and every twenty-one (21) days thereafter. All pressure tests shall be performed for thirty (30) minutes. Annular preventers should be tested to seventy percent (70%) of the rated capacity and ram preventers should be tested to eighty percent (80%) of the rated capacity.
5.7.c.3. A schedule for BOP equipment installation and operation on the applicable casing string;
5.7.c.4. A list of all personnel with approved well control training and current certification recognized by the International Association of Drilling Contractors (IADC) shall be provided to the Office prior to the pre-spud meeting; 5.7.c.5 A detailed record of significant events, including without limitation lost circulation, the presence of hydrogen sulfide gas, fluid entry, kicks, and abnormal pressures. The operator shall immediately notify the oil and gas inspector of the presence of hydrogen sulfide gas at concentrations of ten parts per million (10 ppm) or greater or any blow-out or significant kick;
5.7.c.6. A schematic and description of the wellhead assembly placed on the well upon completion;
5.7.c.7. A protocol and established safeguards designed to prevent underground collisions during any drilling on multi-well pads; and
5.7.c.8. Protection of High Pressure, Large Volume Wells - On all wells where high pressure or large volume can be reasonably expected, properly working pressure BOP 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 BOP equipment shall be properly configured, installed, and tested by operation and pressure to a minimum pressure that is commensurate with the objective formation pressure or zones with anticipated high pressure or large volume gases before drilling is continued.
5.7.d. Well Killing Operations Requirements
5.7.d.1. An inventory of all material that will be on site for the mixing of mud, including the amount of mixed mud, mixed mud weight, amount of additional weighting material (i.e. barite or bentonite), and the volume of water for mixing;
5.7.d.2. The number and type of mixing units that will be utilized for the mixing of mud; and
5.7.d.3. The methodology and type of kill procedures as recognized by the IADC.
5.7.e. Hydrogen Sulfide Operations Requirements
5.7.e.1. The equipment and method used for the monitoring, detection, and warning of the presence of hydrogen sulfide gas during drilling, completion, and work-over operations, specifying the location of the monitoring and detection equipment;
5.7.e.2. A statement of the training to be provided or that has been provided to all personnel who will be involved in hydrogen sulfide operations;
5.7.e.3. A list of the personal protective equipment (PPE) that will be maintained on the well site when in areas where hydrogen sulfide gas is likely to be encountered; and
5.7.e.4. The method that will be used to notify the oil and gas inspector and the Chief of the presence of hydrogen sulfide gas and how the operator will control access to the same.
5.7.f. Notification and Protection Zones Requirements
5.7.f.1. The operator shall establish a method of notification to all residents and emergency response personnel who may be affected by specific events during the operation. Such events may include, without limitation, the presence of hydrogen sulfide gas, blow-outs, wet gas flowback periods, and flaring.
5.7.f.2. The operator shall establish and maintain protection zones during applicable events and working environments.
5.7.f.3. Accidents - If any explosion or other accident causing loss of life or serious personal injury occurs in or about a well or well work on a well, the well operator or its contractor shall give notice, stating the particulars of the explosion or accident, to the oil and gas inspector and the Chief.
5.7.g. Safety Data Sheets (SDS) for all materials and chemicals on the well site shall be readily available and maintained at the well site. The safety plan should identify the location of the SDS and contact information for the person(s) who are responsible for maintaining them.
5.7.h. Safety meetings shall be held on-site weekly, at a minimum, and specifically prior to the beginning of drilling (pre-spud meeting), completion, and work-over operations. Meeting attendance shall be logged, and the log shall be maintained on site during operations. A check-in and check-out list of all personnel shall be maintained during the drilling and completion phases of the operation, as well as a system for logging personnel and visitors to the drilling location to allow for an accurate count of people on the site at any time. The oil and gas inspector shall be notified forty-eight (48) hours prior to the pre-spud meeting.
5.8. Identification Markings.
5.8.a. Every well shall have attached or stamped, in a permanent manner, the API identification number, which consists of the state (47), county (001 through 109), and permit number. The number shall be no less than one-half inch (1/2) in height and detectable by any interested person approaching the well. Any additional information the well operator may desire to display may be incorporated in the permanent identification plat or stamp in a manner that will not confuse or distort the permanent API identification number.
5.8.b. Except as provided below, upon the completion of the plugging and filling of any abandoned well, a permanent monument or marker consisting of a length of pipe (minimum diameter size six inches (6)) filled with concrete (or the equivalent thereof if approved by the Chief) shall be erected over the well. The marker shall extend no less than thirty inches (30) above the surface and not less than ten feet (10) below the surface and into the well, and shall be sealed with concrete for the purpose of making the marker permanent. The API well identification number, as described above, shall be attached or stamped in a permanent manner to the monument, and the numbering shall be no less than one half inch (1/2) in height and detectable by any interested person approaching the marker. The erection of the marker shall in no way interfere with the bleeder pipe from the well where such pipe is required, or the vent or other device installed pursuant to the plugging requirements of the Office. The manner of plugging and filling the well shall be accurately described on Form WR-38, Affidavit of Plugging and Filling Well as to time and manner of plugging and filling the well, and shall be approved by the Chief as a satisfactory landmark that may be used in the location of adjacent wells. Two (2) permanent reference points with courses and distances from the abandoned well shall be designated and prescribed on the plat required by section 6 of this rule in a form approved by the Chief, accompanying Form WW-4, Notice of Intention to Plug and Abandon a Well and, if any change in the plat is necessary, accompanying Form IV-38, Affidavit of Plugging and Filling Well.
5.9. Parties Responsible. All contractors and drillers, including all service companies carrying on business or doing work in oil and natural gas fields in West Virginia, as well as lease holders and operators generally, shall take notice of and are hereby directed to observe and apply the provisions of W. Va. Code § 22-6A-1, et seq. and this rule; and all contractors, drillers, service companies, and operators shall be held responsible for violations thereof.
5.10. Evidence of Performance.
5.10.a. After the completion of the work authorized to be done by any permit required by W. Va. Code § 22-6A-7, the permittee shall comply with filing requirements of W. Va. Code § 22-6A-5(a)(14) and section 11 of this rule.
5.10.b. In addition to the requirements of subdivision 5.10.a, following completion of plugging a well, the operator shall also comply with the affidavit requirements of the Office.
5.11. Area of Review-- The permittee shall review the area surrounding the proposed well pad so as to identify and evaluate potential conduits for unintended fracture propagation, a report of which the permittee shall provide to the Office with the application for well work. All existing active, plugged, abandoned, and undocumented wells within a five hundred feet (500) radius of the surface location of the well that is the subject of the new application and within a five hundred feet (500) radius of the lateral section of the wellbore shall be considered for the potential of unintended fracture propagation. The report shall detail those wells that are known or reasonably expected to penetrate a depth that could be within the range of the fracture propagation. The detail shall include at a minimum the API number, operator name, total depth, perforated formation(s) and producing zones not perforated. 5.12 The operator shall comply with all provisions set forth in the permit as approved, including all associated plans required by this section.
W. Va. Code R. § 35-8-6 Plats; Form and Contents
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.
6.2. Form and Contents of Plats. In addition to the statutory requirements set forth in W. Va. Code § 22-6A-5(a)(6), any plat filed with the Chief shall conform to the following standards of accuracy and depiction:
6.2.a. Accuracy - An accuracy of one (1) part in two thousand five hundred (2,500) is required for location of wells on land containing workable coal beds that are tributary to operator coal mines. All other plats require a minimum accuracy of one (1) part in two hundred (200). The attained accuracy standard shall be stated on every plat.
6.2.b. Permanent Landmarks - At least two (2) permanent monuments or landmarks with courses and distances to the subject well shall be shown on the basis of an on-the-ground survey and, if any monument or landmark is not a permanently established property corner, it shall be referenced to a permanently established property corner by courses and distances on the basis of an on-the-ground survey.
6.2.c. Physical Location of Well - Every well shall be drilled within ten feet (10) of the exact well location designated on the plat. At no point shall the path of the drilled borehole deviate from the permitted borehole by more than fifty feet (50) or deviate outside the target formation subsequent to intersection of that formation. The path of the borehole shall be drilled using prudent methods identified pursuant to the requirements in section 5.7.c.7. of this rule establishing safeguards to minimize the risk of underground collisions. Such deviations or curvature strategy for borehole separations are acceptable exceptions to the 50 distance requirement. Additionally if unforeseen conditions occur such as fault intersection, formation dip, other geological variations or drilling methodology causing the borehole to either deviate from the fifty feet (50) path requirement or to drill out of the target formation, prudent actions shall immediately be applied to correct the borehole or otherwise provide immediate notice to the Office of Oil and Gas. To facilitate compliance and verification, the plat for a new well shall designate at least two (2) reference points from which, after the drilling site has been cleared and graded, the proposed well location can be accurately reestablished by the well operator and, if desired, subsequently verified by the oil and gas inspector or any interested person. When the survey party stakes the proposed well location, it shall flag or otherwise mark the reference points, which may be permanent (such as standing trees) or temporary (such as set stakes). The reference points shall be beyond the limits of the drilling site but within six hundred feet (600) of the well location. A description of the reference points and their location with reference to the well location shall be indicated on a detail drawing or a narrative statement on the face of the plat.
6.2.d. Description - Landmarks and permanently established property corners used shall be named and described on all plats. They shall include standing corner trees, set stones, iron pipes, T-rails or other manufactured monuments. Existing wells (operating or abandoned) shall also be considered established landmarks if the wells are accurately platted and on file with the Office. If landmarks used are not permanently established property corners, the landmark must be adequately referenced to property corners to permit their future location.
6.2.e. Method of Showing Property Lines - The courses and distances of all farm lines both adjoining and connecting the landmarks or permanently established property corners and all mineral tract boundaries within the scope of the well location plat shall be shown thereon. All lines actually surveyed shall be shown on the plat in solid lines. Lines taken from deed descriptions only shall be shown by broken lines. Mineral tract boundary lines and surface tract boundary lines shall be clearly distinguishable from each other.
6.2.f. Proven Elevation - The elevation of the surface of the well location shall be given, and it shall be tied to either a government benchmark or other point of proven elevation. The location of the government benchmark or the point of proven elevation shall be noted and described on the plat.
6.2.g. North-South Line - A north and south line shall be given and point to the top of the plat.
6.2.h. Scale and Size of Plat - If practicable, all plats shall be drawn to a scale of one inch equals two thousand feet (1 = 2,000), (1:24,000) or to even multiples thereof for each reduction of the plat photographically to a scale of one inch equals two thousand feet (1 = 2,000). The plat shall be eight and one-half inches by fourteen inches (8½ x 14) in size. Plats may be submitted electronically, using a format approved by the Chief.
6.2.i. Topographic Map Location of Well - The topographic map location of the top-hole and bottom-hole of the well for which any permit application is made shall be shown on the plat by a cross with the measured distance in feet from the nearest two point five (2.5) minute latitude and longitude intersection using the Northeast (upper right) border of the plat on a seven point five (7.5) minute (1:24,000) topographic map. The plat shall also contain Universal Transverse Mercator (UTM) Zone 17 Northing and Easting coordinates in North American Datum (NAD) 83(CORS96). Each plat shall indicate the quadrangle name of the topographic map used.
6.2.j. Wells - All wells within the scope of the plat, whether active, drilling or abandoned, shall be shown. The scope of every plat shall be sufficient to show all wells within one thousand two hundred feet (1,200) of the surface location of the well that is the subject of the new application and within five hundred feet (500) of the horizontal section of the well bore and, in the case of an application for a gas well with a depth of three thousand feet (3,000) or more and that penetrates a coal seam, the scope of the plat shall be sufficient to show all wells within two thousand four hundred feet (2,400) of the surface location of the well that is the subject of the application and within five hundred feet (500) of the horizontal section of the well bore. To make this determination, the permit applicant may rely on all available records and locational information; the permit applicant need not conduct a physical survey of the area.
6.2.k. Other Surface Features - The plat shall show the following surface features lying within the scope of the plat:
6.2.k.1. Existing water wells or developed springs used for human or domestic animal consumption within two hundred fifty feet (250) of the well for which the permit is being sought;
6.2.k.2. Occupied dwellings or buildings two thousand five hundred square feet (2,500 ft2) or larger used to house or shelter dairy cattle or poultry husbandry within six hundred twenty-five feet (625) of the center of the well pad for which the well work permit is being sought. Occupied dwellings for the purpose of this Rule shall mean dwellings that are used for human habitation on a permanent or periodic basis. An occupied dwelling is not a structure designed for temporary human habitation, i.e. a mobile camping unit, unless such unit is affixed to the ground, not capable of immediate removal, and attached to at least one public utility; tents or similar camping units; unimproved structures that are not equipped for long-term human habitation; temporary structures erected on the premises commensurate with the initiation of activity indicating the prospect of horizontal drilling activities on the site; and similar temporary structures.
6.2.k.3. Streams;
6.2.k.4. Roads and highways; and
6.2.k.5. Railroads.
6.2.l. Names - The plat shall state the names of the surface owners and the royalty owners of the land at the well location.
6.3. Plat Certification - Surveys and plats shall be made under the supervision of a registered professional engineer or professional surveyor licensed by the State of West Virginia. The certificate shall be signed and certified by the registered professional engineer or professional surveyor in the following manner: I, the undersigned, hereby certify that this plat is correct to the best of my knowledge and belief and shows all the information required by law and the rules issued and prescribed by the Department of Environmental Protection.
6.4. Re-use of Plats - Following issuance of the initial permit for drilling a well, any subsequent application for a new permit involving the same well may be accompanied by an accurate copy of the plat accepted by the Chief for use with the permit issued for the most recent previous application, updated as necessary to reflect new data or additional data not required by statute or this rule and bearing a new certification as required above. However, a new certification is not required for a plugging permit.
6.5. Permanent Character of Plats - Every plat submitted pursuant to this rule shall be of permanent character, that is, on linen or plastic or other material of comparable quality and with indicia or other ink resulting in a depiction not subject to substantial degradation through time from exposure to ordinary conditions of temperature, humidity, and light. Plats may be submitted electronically, using a format approved by the Chief.
W. Va. Code R. § 35-8-7 Notice to Coal Owner, Operator or Lessee; Objections to Applications by Coal Owner, Operator or Lessee; Notice of Objection
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.
W. Va. Code R. § 35-8-8 Separate Bonds; Blanket Bonds; Financial Responsibility; Registration; Designation of Agent; Transfer of Title and Operator Status; Transfer Procedures; Ineffective Bonds; and Financial Responsibility from Competing Interests
8.1. Separate Bonds.
8.1.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 § 22-6A-15 and shall be submitted in a form approved by the Chief, except where: (1) a blanket bond is being furnished pursuant to W. Va. Code § 22-6A-15(c); or (2) 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 the corporate surety, cash or collateral security was furnished.
8.1.b. The demonstration of financial responsibility for individual wells after December 14, 2011 shall be accompanied by a separate bond with corporate surety or cash or other collateral security in the amount of fifty thousand dollars ($50,000) in compliance with W. Va. Code §§ 22-6A-15, except where a blanket bond is being furnished pursuant to W. Va. Code § 22-6A-15(c), and shall be submitted in a form approved by the Chief. Any corporate surety bond, cash or collateral security furnished prior to December 14. 2011 shall remain in effect for the benefit of the Office until such time as the well operator is issued any new determination of financial responsibility as may be required by this rule.
8.2. Blanket Bonds.
8.2.a. Any blanket bond furnished after December 14, 2011 shall have corporate surety, cash or other collateral security and shall be submitted in a form approved by the Chief. Any blanket bond with corporate surety, cash or collateral security furnished in connection with any permit or permits issued prior to December 14, 2011 shall remain in effect for the benefit of the Office until such time as the well operator is issued any additional permit and has furnished new or additional corporate surety, cash or collateral security complying with W. Va. Code § 22-6A-15. If a 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 the corporate surety, cash or collateral security was furnished, no additional corporate security, cash or collateral security is required.
8.2.b. The demonstration of financial responsibility for multiple wells after the effective date of this rule shall be accompanied by corporate surety or cash or other collateral security in compliance with W. Va. Code § 22-6A-15 and shall be submitted in a form approved by the Chief. Any corporate surety bond, cash or collateral security furnished prior to December 14, 2011 shall remain in effect for the benefit of the Office until the well operator is issued any new determination of financial responsibility as may be required by this rule.
8.3. Registration; Designated Agent; Transfer of Title and Operator Status.
8.3.a. All persons owning or operating or proposing to own or operate a horizontal well in West Virginia shall register with the Chief. In all cases, an agent or attorney in fact shall be designated on Form OP-1, Designation of Agent by Well Owner or Operator by and for each well or operator upon whom process, notices, orders, and other communications issued pursuant to Chapter 22 of the West Virginia Code may be served. The designation shall not be effective until it has been accepted in writing by the designee and approved by the Chief. Every well owner or operator who has designated an agent or attorney in fact shall, within five (5) days after termination of the designation, notify the Chief of the termination and designate a new agent on Form OP-1. This rule applies to all well operators, not merely those specifically required by W. Va. Code § 22-6A-7 to designate an agent. A well operator who is a natural person and a resident of the State of West Virginia may list himself or herself instead of an agent for service of all papers.
8.3.a.1. When a well work permit or title to an existing well or the right to operate a well is transferred from one well work permittee or operator to another, the Chief shall be notified in writing of the name and address of the transferee within thirty (30) days of the transfer by the transferor or, if the transferor no longer exists, by one or more of the owners of the well work permit or existing well. A copy of the notification shall be delivered to the transferee. Failure to notify the Chief of the transfer is a violation of this rule by the transferor.
8.3.a.2. The transferee shall forthwith register with the Chief if the transferee has not previously registered. In any event, the transferee shall forthwith notify the Chief of its designated agent or attorney in fact pursuant to this rule, unless a designation has already been made and approved. The transferee shall file with the Chief on prescribed forms the well name and the permit number of the transferred well work permit or existing well, the county and district in which the transferred well or well work permit is located, the names and addresses of the transferor and the transferee, a copy of the instrument of assignment or transfer or a certification of the assignment or transfer acceptable to the Chief, and the applicable bond, cash or collateral security described in W. Va. Code § 22-6A-15.
8.3.a.3. No assignment or transfer by the transferor shall relieve the transferor of any obligations or liabilities incurred pursuant to this rule or Chapter 22 of the West Virginia Code, unless and until the Chief approves the transfer application and notifies the transferee and transferor that they have complied with the provisions of this subsection.
8.4. General Filing Requirements and Procedures for Application to Transfer Operator and Declaration of Operator Status.
8.4.a. Each application to transfer an existing well shall be on Form OP-77. Each application to transfer a well work permit shall be done on Forms OP-6A and WW-6A1PT and shall also include a Department of Highways road bond letter issued to the transferee and an update to the emergency contact information provided in the Well Site Safety Plan pursuant to section 5.7. of this rule.
8.4.b. No transfer of operator or declaration of operator status will be approved until a copy of Form OP-1, Operator Registration Form and Designation Form, has been filed with the Chief.
8.4.c. A separate application must be submitted for each existing well or well work permit for which a transfer is desired.
8.4.d. Each application to transfer an existing well must be accompanied by a filing fee of fifty dollars ($50). Each application to transfer a well work permit must be accompanied by a filing fee of five hundred dollars ($500). Where an operator or permittee is submitting several existing well or well work permit transfer applications at one time, a single check may be submitted for a sum equal to the number of applications multiplied by fifty dollars ($50) or five hundred dollars ($500), respectively. The fee should be paid by the transferor, but in no case will any well be transferred without payment of the fee.
8.4.e. Upon receipt of an application to transfer an existing well or well work permit from one operator or permittee to another or to transfer an existing well or well work permit from one bond to another bond, the Chief will review the submitted data along with other available information and approve or disapprove the application within sixty (60) days or ninety (90) days, respectively. If the Chief disapproves the application, he or she shall state the reasons for the disapproval and allow the parties to resubmit the application with corrected or additional information.
8.5. If for any reason the bond or other proof of financial responsibility on an existing well or well work permit is rendered invalid or ineffective, the operator has sixty (60) days in which to replace the bond or other proof of financial responsibility. In the event the bond or other proof of financial responsibility is not replaced, the Chief shall order the well to be shut in and may order the well to be plugged.
8.6. Nothing in this section shall prohibit the Chief from accepting and holding bonds or other forms of financial responsibility from more than one competing interest.
W. Va. Code R. § 35-8-9 Operational Criteria
9.1. Water Quality and Quantity Protection Standards
9.1.a. All operators are required to protect the quality and quantity of water in surface and groundwater systems both during and after drilling operations and during reclamation by:
9.1.a.1. Withdrawing water from surface waters of the State using methods deemed appropriate by the Secretary so as to maintain sufficient in-stream flow immediately downstream of the withdrawal location;
9.1.a.1.A. To assure maintenance of adequate pass-by flow downstream of withdrawal points, the Secretary may require the operator to install and maintain a staff gauge or other suitable stream flow measuring device.
9.1.a.1.B. If a staff gauge or other suitable stream flow measuring device is required, operators shall certify that the staff gauge or other suitable stream flow measuring device has been properly calibrated. The agency will provide forms and instructions for facilitating proper location, installation, and calibration of the staff gauge or other suitable stream flow measuring device.
9.1.a.2. Casing, sealing or otherwise managing wells to keep fluids or natural gas from entering ground or surface waters, as prescribed in subsection 9.2 below;
9.1.a.3. Conducting oil and gas operations using BMPs so as to minimize additional contributions of suspended or dissolved solids to stream flow or runoff outside the permit area, but in no event shall the contributions be in excess of requirements set by applicable State or federal law; and
9.1.a.4. Registering all water supply wells with the Chief, and constructing and plugging water supply wells in accordance with laws governing drinking water well construction and plugging. Water supply well registrations shall include the results of a detailed aquifer test prior to its inclusion as a potential water source identified in the Water Management Plan, as required in subdivision 5.6.d. of this rule. The aquifer test shall be conducted by qualified groundwater professionals or licensed drilling and water system installers. The aquifer test will serve as an evaluation of the aquifer, the local groundwater basin, and the production capability of the water supply well to ensure that the resources are adequate to supply the need without adverse impact to the water resources of the basin. Adverse impacts, for the purpose of water supply well suitability considerations, shall include: lowering of groundwater or stream flow levels to an extent that may be injurious to any existing or potential uses; rendering competing supplies unreliable; affecting other water uses; causing water quality or quantity degradation that may be injurious to any existing or potential uses; affecting fish, wildlife or other living resources or their habitat; causing permanent loss of aquifer storage capacity; or affecting low flow of perennial streams.
9.1.a.4.A. The aquifer test shall consist of a hydrogeologic delineation of the groundwater basin identifying all existing groundwater wells and developed springs within one thousand five hundred feet (1,500) of the water supply well.
9.1.a.4.B. The test shall include a step-drawdown test over a range of pumping rates to allow for characterization of the water-bearing zones and provide for the selection of an appropriate rate for a subsequent constant-rate aquifer test. The step-drawdown test should be performed at pumping rates that start at approximately fifty percent (50%) of the anticipated yield and progress to higher rates in approximately equal steps until the water level fails to stabilize over the step period or the anticipated yield is reached.
9.1.a.4.C. The aquifer test shall also include a constant-rate drawdown test during which the pump is used for an extended period of time at the desired pump rate to observe induced changes in groundwater levels, surface water bodies, and wetlands. The recommended drawdown timeframe is seventy-two (72) hours, but must be of sufficient duration to establish hydrologic changes and trend characteristics.
9.1.a.4.D. A recovery analysis to evaluate the sustainability of the proposed withdrawal is also required. The duration of the recovery test is a minimum of twenty-four (24) hours or until the groundwater levels have recovered to ninety percent (90%) of their pretest levels.
9.1.a.4.E. A minimum of one groundwater monitoring station shall be installed to adequately characterize the aquifer during the testing period.
9.1.a.5. All drinking water wells within one thousand five hundred feet (1,500) of a water supply well shall be flow and quality tested by the operator upon request of the drinking well owner prior to operating the water supply well.
9.1.a.5.A. Flow tests shall include a site description consisting of a site diagram accurately describing the drinking water well location with GPS coordinates, as well as any septic leach fields or other significant structures that that may be present; a description of the household that the subject drinking water well serves, including occupancy, number of bathrooms, other water discharge points such as external hose bibs, kitchen and laundry facilities, swimming pools, and other outbuildings supplied by the subject drinking water well; and a description of the components of the water system, such as a well pit, pump house, basement installation, etc.
9.1.a.5.B. Flow tests shall include collection of the following technical details:
9.1.a.5.B.1. All known characteristics of the pump system including make, model, horsepower rating of the pump and drive motor, water treatment and filtration systems, pressure tanks and storage tanks;
9.1.a.5.B.2. An accurate description of all known subsurface completion characteristics of the drinking water well, including depth, casing type, and diameter, sand pack (if present), and discharge line characteristics;
9.1.a.5.B.3. An accurate description of the groundwater discharge point where the flow measurement and quality sampling will take place, such as a hydrant, exterior hose bib, interior water tap, or other point of discharge; and
9.1.a.5.B.4. A description of the equipment the discharge passes through before flow measurement or sampling, such as filtration systems, pressure tanks, etc.
9.1.a.5.C. Where the drinking water well is accessible for water level measurements, all depth measurement equipment and procedures used in the drinking water well flow test described in subparagraph 9.1.a.5.D. below shall be accurately described in a manner that can be easily replicated should additional testing be required. All water level and well depth measurements shall be within an accuracy of one-half inch (1/2). The equipment and method used for measuring the well discharge rate shall be documented. If a water meter is used, the make, model, and accuracy parameters shall be recorded. If the flow rate is determined by filling a container of known volume, times shall be recorded to the nearest one-half second (1/2 sec).
9.1.a.5.D. The drinking water well flow test for wells accessible for water level measurements shall be in substantial compliance with the following procedure or an alternative procedure approved by the Chief. Any testing procedures determined to present a potential to cause adverse impacts to the water resources, drinking water well or associated pumping equipment shall be modified to minimize impact.
9.1.a.5.D.1. The drinking water well shall be taken out of service for a minimum of thirty (30) minutes prior to the start of the pump test.
9.1.a.5.D.2. The water level shall be measured at thirty (30), ten (10) and five (5) minutes before the start of pumping to document static conditions and immediately before the start of pumping, which is to be designated as time zero (0) for the test.
9.1.a.5.D.3. A step-drawdown test shall be performed at pumping rates that start at approximately fifty percent (50%) of the anticipated yield and progress to higher rates in approximately equal steps until the water level fails to stabilize over the step period.
9.1.a.5.D.4. Water level measurements shall be recorded at regular time intervals measured in minutes. Suggested time intervals for measurement are once per minute during the first ten (10) minutes of testing; every two (2) minutes up to thirty (30) minutes of testing; every five (5) minutes up to sixty (60) minutes of testing; and at ten (10) minute intervals throughout the remainder of the test.
9.1.a.5.D.5. The water level measurement taken at the conclusion of the withdrawal portion of the test shall be the same as the zero (0) minutes of recovery time. Water levels shall be measured during the recovery time at the same intervals as measured for the draw down period. The recovery interval shall continue until the groundwater levels have recovered to ninety percent (90%) of their pretest levels.
9.1.a.5.E. Where the drinking water well is inaccessible for water level measurements, the operator shall coordinate with the drinking water well owner to come to agreement on a satisfactory analysis method. All equipment and procedures used in the drinking water well flow test shall be accurately described in a manner that can be easily replicated should additional testing be required.
9.1.a.5.F. Raw groundwater samples shall be collected within ten (10) minutes of the end of the flow test or when it has been determined that a representative sample can be obtained. The samples shall be collected and analyzed in accordance with subsection 15.3. of this rule.
9.1.b. All operators who withdraw two hundred ten thousand (210,000) gallons or more of water from waters of this State during any thirty-day period shall adhere to the following operational and reporting requirements:
9.1.b.1. Within forty-eight (48) hours prior to the withdrawal of water, the operator shall identify the location of withdrawal by latitude and longitude; verify, using methods outlined in paragraph 9.1.a.1 above, that sufficient flow exists to protect designated uses of the stream; and provide notice to the Chief in a form and manner approved by the Chief;
9.1.b.2. Water withdrawal locations and facilities shall be limited to those identified in the approved water management plan, as required in Section 5.6. of this rule. All water withdrawal locations identified in the water management plan shall be identified with a sign that meets the requirements set forth in Section 5.6.e. Such signage shall be erected within twenty-four (24) hours of notification of intent to commence active withdrawals. Prior to use, best management practices for controlling erosion and sedimentation shall be installed at water withdrawal sites and shall be routinely inspected and properly maintained during all phases of activity covered by the well work permit. These practices shall meet the minimum requirements for erosion and sediment control structures described within the Office of Oil and Gas Sediment Control Field Manual. When the withdrawal location is no longer being utilized, or at the direction of the Chief, the operator shall notify the Chief, remove all signage, and reclaim the location. During withdrawals, a person who is aware of the water withdrawal limiting thresholds and who has the ability to determine if adequate flow is available shall be present any time pumping is commenced and shall monitor the water withdrawal location and assigned stream gauging stations at least one time during the calendar day when pumping is occurring. A daily record of such monitoring shall be available upon request.
9.1.b.3. For all water used for hydraulic fracturing of horizontal wells and for flowback water from hydraulic fracturing activities and produced water from production activities from horizontal wells, an operator shall comply with the following record-keeping and reporting requirements:
9.1.b.3.A. For production activities, the following information shall be recorded and retained by the well operator: (1) the quantity of flowback water from hydraulic fracturing of the well; (2) the quantity of produced water from the well; and (3) the method of management or disposal of the flowback and produced water; For the purposes of this section flowback shall be defined as the water recovered during the first thirty (30) days of the flowback period.
9.1.b.3.B. For transportation activities, the following information shall be recorded and maintained by the operator: (1) the quantity of water transported; (2) the collection and delivery or disposal location(s) of the water; and (3) the name of the water hauling company.
9.1.b.3.C. The information maintained pursuant to this subdivision shall be available for inspection by the department along with other required permits and records and maintained for three years after the water withdrawal activity. 9.1.c In any area having karst terrain, as identified, mapped, and published by the West Virginia Geological and Economic Survey, the operator shall conduct baseline water testing prior to commencement of any site construction or well work. Testing shall be conducted on the water resources which are determined to have a physical connection or are hydrologically connected and down-gradient of the well location. 9.2 Casing and Cementing Standards
9.2.a. The operator shall prudently drill through fresh groundwater zones so as to minimize any disturbance of them. Further, the operator shall construct the well and conduct casing and cementing activities of all horizontal wells in accordance with W. Va. Code §§ 22-6A-5(a)(10), (11), (12), and (13) and 22-6A-24 and this rule and in a manner that will provide for control of the well at all times, prevent the migration of gas and other fluids into the fresh groundwater and coal seams, and prevent pollution of or diminution of fresh groundwater.
9.2.b. General Casing Standards
9.2.b.1. The diameter of each section of the wellbore in which casing will be installed and cemented shall be at least one inch greater than the outside diameter of the casing collar to be installed.
9.2.b.2. Casing shall be centralized in each segment of the wellbore to provide sufficient casing standoff and facilitate effective circulation of cement to isolate critical zones. Centralizers must meet standards established by the American Petroleum Institute (API) in Specification 10D where bow spring centralizer use is applicable, or in API 10TR-5 for use of solid or rigid centralizers, where applicable.
9.2.b.3. All casing shall be made of steel and manufactured and tested consistent with standards established by the API in API Specification 5CT or the American Society for Testing Materials (ASTM). Each casing connection shall be torqued in accordance with manufacturers specifications or API standards RP 5A3 and RP 5C5 to preserve the design integrity of the casing. The Office may approve welded casing connections. At a minimum welded casing connections shall be conducted by a certified welder and the casing must be pressure tested before drill out.
9.2.b.4. All casing shall possess an internal pressure rating twenty percent (20%) greater than the anticipated maximum pressure to which the casing will be exposed. Prior to installation, used casing must pass a hydrostatic pressure test at a pressure twenty percent (20%) greater than the anticipated maximum pressure to which the casing will be exposed.
9.2.b.5. The operator shall provide notice to the oil and gas inspector at least twenty-four (24) hours prior to the commencement of any casing installation.
9.2.b.6. Subsequent to the installation and cementing of any casing, a casing pressure test may be required by the Chief to establish casing integrity.
9.2.c. Conductor Casing Standards
9.2.c.1. Conductor casing shall be set where necessary to stabilize unconsolidated sediments and must be installed in a manner that prevents infiltration of surface fluids into the subsurface.
9.2.c.2. Conductor casing may be driven into place. If set in a drilled hole, the casing annulus must be cemented. Cementing of the conductor casing may be done by grouting from the surface, so long as any fresh groundwater zones are cemented across and isolated.
9.2.c.3. The section of the wellbore in which the conductor casing is installed, if not driven, must be drilled using only air, fresh water or freshwater-based drilling fluid. Any additives to the drilling fluid, such as soap, must be added in a manner that is protective of fresh groundwater.
9.2.d. Freshwater Casing Standards
9.2.d.1. The freshwater protective casing required by W. Va. Code § 22-6A-5(a)(13) shall extend at least fifty feet (50) and no more than one hundred fifty feet (150) below the deepest freshwater horizon (that being the deepest horizon that will replenish itself and from which fresh water or usable water for household, domestic, industrial, agricultural or public use may be economically and feasibly recovered) and shall have cement circulated in the annular space outside the casing. The freshwater protective casing may be installed to a depth greater than one hundred fifty feet (150) below the deepest freshwater horizon in order to cover workable coal seams or to address unstable wellbore conditions, so long as all other requirements of this subsection are met.
9.2.d.2. The section of the wellbore in which the freshwater casing is installed shall be drilled using only air, fresh water or freshwater-based drilling fluid and shall be conducted using operating practices that minimize damage or disturbance or the possibility of unnecessary damage or disturbance to the uncased strata/formations and groundwater contained in any of those formations; provided that in any area having karst terrain, as identified, mapped and published by the West Virginia Geological and Economic Survey, the section of the wellbore in which the freshwater casing is installed shall be drilled using only air. The requirements of this section do not prevent the use of drilling practices and procedures reasonably necessary to the successful drilling of the well in a safe manner. The requirements of this section shall not be construed to prohibit practices specifically allowed by statute or other rules. Any additives to the drilling fluid, such as soap, must be added in a manner that is protective of the fresh groundwater. In any karst region, when a well is drilled through a cave void, the freshwater casing shall be equipped with a cement basket or similar device above and as close to the top of the cave as practical to allow for cementing of the annular space from that point to the surface. The hole may be drilled no more than one hundred feet (100) below the base of the cave prior to installing the casing or liner.
9.2.d.3. A minimum of three hundred feet (300) of freshwater casing shall be installed, except that less than three hundred feet (300) may be installed if necessary to avoid penetration of any salt water, oil or gas bearing zones.
9.2.d.4. The volume of cement needed shall be calculated using approved engineering methods to assure the return of the cement to the surface through circulation by the displacement method. Cement baskets may be installed on the surface casing in areas where lost circulation zones may exist to facilitate cement circulation to the surface through the displacement method or, if necessary, through grouting from the surface.
9.2.d.5. In the event cement does not return to the surface, the oil and gas inspector shall be notified within twenty-four (24) hours. If the top of the cement cannot be located using sound engineering practices approved by the Chief or the Chiefs designee, then an electric log or similar technology approved by the Chief shall be used. Sound engineering practices approved by the Chief or the Chiefs designee shall be used to fill the annular space back to the surface. Requests to approve methods other than pre-approved practices shall be acted upon by the Chief or the Chiefs designee within twenty-four (24) hours of actual notice to the Chief or the Chiefs designee, otherwise the request will be deemed approved.
9.2.d.6. If the coal protection casing is cemented to the surface in accordance with the prescribed procedure, this may also be considered a freshwater protective casing.
9.2.d.7. In no case shall the freshwater casing penetrate salt water or gas bearing strata or extend below sea level.
9.2.d.8. There shall be no oil and gas production through the freshwater casing.
9.2.d.9. Variances from the requirements of this section shall be granted on a site specific or area basis in accordance with section 14 of this rule.
9.2.d.10. Subsequent to installation and cementing of the fresh water protection casing, a formation integrity test (FIT), as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty (50) feet in drilling out and below the fresh water protection casing shoe.
9.2.e. Standards for Casing through Coal Seams.
9.2.e.1. The coal protection casing required to be installed through the workable coal seam(s) by W. Va. Code § 22-6A-5(a)(10), (11), and (12) shall be in addition to the production casing.
9.2.e.2. The coal protection casing required by W. Va. Code § 22-6A-5(a)(10) shall have cement circulated by the displacement method in the annular space outside the 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, the oil and gas inspector shall be notified. Sound engineering practices approved by the Chief or the Chiefs designee shall be used to fill the annular space back to the surface.
9.2.e.3. When a well is drilled through a horizon of a coal bed from which the coal has been removed, the coal protection casing shall be equipped with a cement basket or similar device above and as close to the top of the coal bed as practical to allow for cementing of the annular space from that point to the surface. The hole may be drilled no more than one hundred feet (100) below the base of the mine void prior to installing the casing or liner required by W. Va. Code § 22-6A-5(a)(12) without prior approval from the Chief.
9.2.e.4. Either the freshwater casing or the intermediate casing may serve as the coal protection casing.
9.2.e.5. Subsequent to installation and cementing of the coal protection casing, a formation integrity test (FIT), as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty (50) feet in drilling out and below the coal protection casing shoe.
9.2.f. Intermediate Casing Standards
9.2.f.1. Intermediate casing shall be set when necessary to provide for well control, down-hole stability, safety, and separation of flow zones and when installed shall be cemented to the surface through circulation by the displacement method, unless conducted in a manner otherwise approved by the Chief.
9.2.f.2. Subsequent to installation and cementing of the intermediate casing, a formation integrity test (FIT) , as recognized by the American Petroleum Institute (API) Standards 65 Part 2, may be required by the Chief to establish cement and formation integrity during well work activities. FIT tests should consider heavier mud weights or equivalent mediums expected during drilling of the borehole below the casing shoe. Any FIT test conducted shall apply a known or predetermined pressure limit that may need established for that region, specific well activity, or as otherwise required by the Chief and shall be conducted no more than fifty feet (50) in drilling out and below the intermediate casing shoe.
9.2.g. Production Casing Standards. Production casing shall be installed and may be cemented in place or set without cement to allow for packer completion. If cemented, the cement shall be placed in the hole by the displacement method from the bottom of the hole to a point at least five hundred feet (500) above the shallowest producing zone. If no intermediate casing is installed, production casing must be cemented to a point at least five hundred feet (500) above the shallowest fluid bearing zone.
9.2.h. Cementing Standards
9.2.h.1. Prior to cementing, the wellbore shall be conditioned to ensure adequate cement displacement and a high quality bond between cement and the wellbore.
9.2.h.2. All cement placed in the wellbore shall meet the ASTM C 150 Standard or API Specification 10A.
9.2.h.3. Cement must protect the casing from corrosion and degradation associated with the geochemical, lithological, and physical conditions of the wellbore. Sulfate resistant cement shall be used whenever necessary to protect the casing and prevent the migration of hydrogen sulfide and sulfate waters.
9.2.h.4. Cement placed in the annular space around the casing shall be allowed to set to a minimum compressive strength of five hundred pounds per square inch (500 psi) and achieve a compressive strength of one thousand two hundred pounds per square inch (1,200 psi) in seventy-two (72) hours, using approved engineering data for the type of cement used. The waiting time for cement used in compliance with this section shall not be less than eight (8) hours.
9.2.h.5. The cement slurry must be mixed and pumped at a rate that ensures a consistent slurry density. Surface casing cement free water separation may be no more than six milliliters (6mL) per two hundred fifty milliliters (250mL) of cement separation, tested in accordance with API RP 10B. Intermediate casing cement free fluid separation may be no more than three milliliters (3mm) per two hundred fifty milliliters (250mL) of cement slurry, tested in accordance with API RP 10B-2.
9.2.h.6. Cement testing shall be conducted in accordance with API standards.
9.2.h.7. The oil and gas inspector shall be notified at least twenty four (24) hours prior to the commencement of any cementing operations.
9.2.h.8. Cement used to fill the annular space around the freshwater and coal protection casing shall be API Class A Ordinary Portland cement with no greater than three percent (3%) calcium chloride and no other additives. If the well operator furnishes satisfactory proof that a different type of cement or additive is adequate, the Chief may approve use of a different type of cement.
9.2.h.9. The operator shall maintain a copy of the cementing records for each casing string at the well site for review by the oil and gas inspector. The records shall include the type of cement, any cement additives used, the volume, yield, and density of the cement, and the amount of cement returned to the surface. The records shall contain information describing the sequence of events during the cementing operation and include pumping rates, pressures, and pumping time.
9.2.i. Defective Casing or Cementing The operator shall report defective, insufficient or improperly cemented casing to the oil and gas inspector or the Chief within twenty-four (24) hours of discovery of the problem and, within seventy-two (72) hours, correct the defect or submit a plan to correct the defect to the Chief for approval. If the defect cannot be corrected or a plan is not approved by the Chief, the well shall be plugged upon the issuance of a written order by the Chief.
9.2.j. Annual Inspection The operator shall conduct an inspection at the surface of each unplugged well. The inspection shall be conducted no less frequently than once per calendar year and in a method approved by the Chief. The operator shall certify that the required inspections have occurred, in a form approved by the Chief and filed with the operators annual report required by section 11 below. During inspection, if the operator detects evidence of more than de minimus leakage or other indications of casing integrity failure, the operator shall notify the oil and gas inspector and the Chief of the same and take all appropriate measures to eliminate or mitigate the leakage or casing integrity failure.
9.2.k. Results of the tests conducted in accordance with subsection 9.2 of this rule shall be maintained on the well site and readily available for review by the oil and gas inspector until completion of the permitted well work.
9.3. Fracture Propagation -- The permittee shall provide notice to all known well owners and/or operators of potential conduits, as determined by Section 5.11 of the permittees planned completion activities prior to commencement of completion activities. Such notice shall include information on the timing and duration of the well completion activities and the permittees contact information so that the owner and/or operator can monitor and contact the permittee if any potential fracture communication issues are observed. The permittee shall offer to coordinate or assist with all appropriate monitoring.
9.3.a. If the permittee is notified of potential fracture communication, the permittee shall suspend the completion activities and review if fracture communication has occurred and whether the completion activities can be appropriately managed by modifying the operation. Upon suspending the completion activities the permittee shall notify the oil and gas inspector immediately. The permittee may resume completion activities only upon an approved demonstration to the Chief or his designee.
9.3.b. The permittee shall monitor any existing abandoned well that is located within the area of review defined in subsection 5.11. of this rule and that may serve as a potential conduit for unintended fracture propagation during completion activities. The Chief may require, in his or her reasonable discretion, that any monitored abandoned well be plugged or re-plugged in the event that communication between the permitted well and the monitored abandoned well cannot be adequately and safely managed by operating adjustments during completion activities.
9.3.c. The permittee shall monitor all associated fracturing treatment pressures throughout the entirety of the hydraulic fracturing operation. If data monitoring indicates that communication has occurred, the permittee shall terminate the fracturing operations and relieve the associated pressure. Upon fracture termination the operator shall contact the oil and gas inspector immediately.
9.4. Blowout Prevention Training The operator shall assure that, at all times during the drilling, completion or re-work operation, a person is present who has successfully completed a blowout prevention training course that has been approved by the Chief.
9.5. The operator shall, at all times, conduct all operations on the well pad in a manner that will provide for control of the well and all ancillary equipment.
W. Va. Code R. § 35-8-10 Well Records
10.1. Well Records Made During Permitted Work - The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall keep at the well location a copy of the application as permitted, including the associated plat and plans required by section 5 of this rule. The well operator or its contractor (service provider, drilling contractor or other contractor, as appropriate) shall also make and preserve at the well location accurate records of all well work performed pursuant to the permit, including documentation by the contractor or person performing the cementing services of the time of completion of cementing and the volume of cement used for the cementing of all casing operations. The records shall be complete enough to support, as applicable, the entries of well work done and related data on Form WR-35, Well Operators Report of Well Work, Form WR-36, Well Operators Report of Initial Gas-Oil Ratio Test, and Form WR-38, Affidavit of Plugging and Filling Well, but these forms shall reflect information discovered or changes made after the permitted well work has been finished and before the reports are filed. The records made and preserved at the well location and the recordings made on Form WR-35 shall include, but not be limited to, indications of caverns, open mines or other voids, whether the freshwater casing cement circulated to the surface, and the efforts made to fill the annular space and the results. Unless the records of well work performed are prepared by the well operator or owner, a copy of all the records shall be delivered to the well owner or operator, except for those records the contractor (service provider, drilling contractor or other contractor, as appropriate) designates as a confidential trade secret.
10.1.a. As part of the well completion report (Form WR-35), the operator or its service provider shall list all the additives used in the hydraulic fracturing or stimulation process, including each additives specific trade name, supplier, and purpose. The operator or its service provider shall also list each chemical intentionally added to a base fluid for the purpose of preparing a fracturing fluid, along with each chemicals CAS registry number if applicable, its maximum concentration in the additive, and its maximum concentration as added to the base fluid, and the volume of the base fluid used. The concentrations shall be expressed as a mass percent. The operator or service provider may designate the information regarding the specific identity or concentration or both of a chemical as a confidential trade secret not to be disclosed to the agency or anyone else except in the event of an investigation by the office, medical emergency, or for diagnostic or treatment purposes involving the designated chemical, pursuant to subdivisions 10.1.d. and 10.1.e. below.
10.1.b. The operator or service provider shall fulfill the additive reporting requirement of subdivision 10.1.a above by submitting the information to the Office and the FracFocus Chemical Disclosure Registry.
10.1.c. As part of the well completion report (Form WR-35), the operator shall report the volumes of fluids pumped and treatment pressures recorded throughout the hydraulic fracturing process.
10.1.d. In the event of an investigation by the office involving a chemical designated as a confidential trade secret, the operator or service provider shall provide the specific identity of the chemical, the concentration of the chemical, or both the specific identity and concentration of the chemical, as needed, to the agency upon receipt of notification from the chief or his or her designee stating that such information is necessary in connection with an investigation by the office. Upon receipt of such notification of need, such information shall be disclosed by the operator or service provider, as applicable, directly to the chief or his or her designee and shall in no way be construed as publicly available. The chief or designee may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a confidential trade secret to additional agency staff members to the extent that such disclosure is necessary to allow the agency staff member receiving the information to assist in such an investigation by the office, provided that such individuals shall not disseminate the information further and such information shall at all times be considered confidential and shall not be construed as publicly available. Upon request by the operator or service provider, and where a notification of need is provided orally, the chief shall execute a written statement of need indicating that the information was necessary in connection with an investigation by the office.
10.1.e. The operator or service provider shall provide the specific identity of a chemical designated as a confidential trade secret, the concentration of the chemical designated as a confidential trade secret, or both the specific identity and concentration of the chemical designated as a confidential trade secret, as needed, upon request to a health care professional in a medical emergency, or for diagnostic or treatment purposes. The health care professional shall only use the information provided by the operator or service provider for diagnosis or treatment of an individual, and the operator or service provider may provide notice to the health care professional at the time of release of the information, that the information provided is solely for diagnosis or treatment of the individual, that the information may be a trade secret, and disclosure to others for any other purpose may subject that health care professional to a legal action by the operator or service provider for violating its trade secret.
10.2. Filing of Well Records and Related Forms.
10.2.a. Within ninety (90) days after completing the permitted well work, the operator shall file with the Office two (2) copies of Form WR-35 containing in proper form the geological information required by W. Va. Code § 22-6A-5(a)(14) and the exact location of the as-drilled wellbore; Form WR-36 (except that, where the well has not been connected within ninety (90) days to pipelines or production tanks, Form WR-36 shall be filed no more than fifteen (15) days after connection); and Form WR-38. The forms need not repeat well record information for any work (whether permitted or not) performed prior to and not part of the permitted work to which the forms apply. The forms shall correct or add to the well log and other records made and preserved at the well location by specifying the casing, treatment or physical changes performed after completion of the permitted work, and the additional information or corrected information discovered by electric logs or other means after completion of the permitted work. The information submitted in accordance with this subdivision designated as a confidential trade secret shall not lose its status as such after the one year confidentiality period or the extension period addressed in paragraph 10.2.b.3 below.
10.2.b. Confidential Information; Filing of Well Logs:
10.2.b.1. Within ninety (90) days after the completion of drilling or recompletion of a well, the well operator shall, at the request of the Chief, file a copy of the well log and the electrical, radioactive or other similar conventional log if those logs have been performed. In addition, as soon as practicable, the well operator shall, upon request of the Chief, file a copy of drill stem test charts, formation water analyses, porosity, permeability or fluid saturation measurements, core analyses, and lithological logs or sample descriptions as compiled. Provided, that no such additional information shall be required unless the well operator has compiled such information in the ordinary course of business. No interpretation of the data is required to be filed.
10.2.b.2. Any reports and other information or materials that reveal trade secrets or other confidential business information relating to the competitive interests of the operator or the operators privy may be marked Confidential by the operator or the operators privy and shall not be disclosed to the public for one year following their delivery to the Chief or to the State Geological and Economic Survey, unless the well operator gives the Chief or the State Geological and Economic Survey written permission to release the information at an earlier date.
10.2.b.3. For good cause shown by the operator, the period of confidentiality for well logs may be extended in annual increments, but the total period of confidentiality shall not exceed three (3) years.
10.3. Restriction of New Application - Except for good cause shown, no application required by W. Va. Code § 22-6A-7 may be filed for any subsequent well work on a well in which previous well work has commenced but for which the forms required by section 10.2 of this rule have not been completed and filed with the Chief.
W. Va. Code R. § 35-8-11 Reports
11.1. Annual Reports of Natural Gas, Oil, Condensate, and Water Production
11.1.a. The operator shall file an annual report of natural gas, oil, condensate, and water production for each well on or before March 31 of the year succeeding the production. This report shall be on Form WR-39, Report of Monthly Production, or in any other form approved by the Chief, and must identify the production from every oil and natural gas well not yet plugged and abandoned, regardless of the status of the well. Oil, condensate, and produced water shall be reported in barrels, and natural gas shall be reported in thousand cubic feet. The volume of condensate reported shall be the amount separated under the control of the well operator. For purposes of reporting condensate volume under this section, condensate means the light hydrocarbon liquid fraction that condenses from the produced gas stream at atmospheric or surface pipeline pressure and temperature and is separated at or near the well head by the well operator.
11.1.b. Measurement of Oil and Condensate The volume of oil and condensate production shall be determined through the standard practices in the industry. The report on the volume of oil and condensate shall be the same volume on which the royalty interest was determined.
11.1.c. Measurement of Natural Gas
11.1.c.1. If a meter has been set for each well, the natural gas production for each well shall be reported, with each well identified by API number.
11.1.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 well shall be reported.
11.1.c.3. If calculated value is in use and no measurement of natural gas is available for an individual well or group of wells, the calculated volume of natural 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 well shall be reported if estimates are made.
11.1.d. Measurement of Produced Water The volume of water produced shall be determined through the standard practices in the industry. For the purposes of reporting produced water volume under this section, produced water means any water originating from subsurface formations that is brought to the surface along with oil or natural gas. Flowback water volumes need not be included in this report. For the purpose of this section the definition of flowback is the definition found in Section 9.1.b.3.A.
11.1.e. Failure to submit an annual report of natural gas, oil, condensate or water production as required by this rule or to provide proof of an existing use or a bona fide future use per 35 CSR 5 shall constitute a rebuttable presumption that the well is abandoned by the operator.
W. Va. Code R. § 35-8-12 Reclamation; Notification; Production and Gathering Pipelines; and Operating in Designated Mining Areas
12.1. Reclamation under the Construction and Reclamation Plan. All proposed reclamation methods for construction of any roads, drilling locations, pits, impoundments or alternative overflow prevention facilities shall be submitted on Form WW-9 with the application for any permit required by W. Va. Code § 22-6A-7. Proposed reclamation methods shall be approved by the Chief or the Chiefs designee prior to the issuance of the permit, and all reclamation shall be done under the supervision of the Chief or the Chiefs designee. With the consent of this Chief or the Chiefs designee, the reclamation may be altered from the plan initially set out in Form WW-9, if found necessary due to topography or other conditions not apparent upon initial submission and approval of the proposed reclamation methods.
12.2. Access Roads - All access roads shall be constructed and maintained so as to minimize sedimentation, maintain natural drainage areas and, if practicable, to direct or carry away from disturbed areas surface water run-off from undisturbed areas.
12.3. Drilling Sites - Drilling sites shall be constructed and maintained to prevent surface run-off carrying excessive sedimentation from the site, to confine all materials leaked or spilled as a result of drilling operations to the drilling site, and to minimize sedimentation by not placing in any stream any material moved or cut. Upon the plugging of a non-productive well, whether as a continuous operation with other permitted well work or otherwise, all cementing and other waste materials resulting therefrom shall be retained on the drilling site until properly disposed of or recycled.
12.4. Pits and Freshwater Impoundments Associated with a Well Work Permit - All pits shall meet the requirements of subdivisions 17.2.b. through 17.2.f. and subdivision 17.2.h. of this rule. Additionally, all pits and freshwater impoundments constructed on the permitted well location shall meet the following minimum requirements:
12.4.a. All pits and freshwater impoundments shall be constructed and maintained so as to prevent seepage, leakage or overflows and to maintain their integrity.
12.4.b. Provisions shall be made for diverting surface water from pits.
12.4.c. All pits and freshwater impoundments shall have adequate freeboard to prevent overflow, and in no case shall the freeboard be less than approximately two (2) feet. When an operator is unable to maintain adequate freeboard to prevent overflow, the operator shall notify the oil and gas inspector and an additional pit, freshwater impoundment or alternative overflow facility shall be constructed under the supervision of the Chief or the Chiefs designee. The additional pit, freshwater impoundment or alternative overflow facility shall also meet the requirements specified in this subsection (12.4).
12.4.d. All pits and freshwater impoundments shall have an impermeable synthetic liner to prevent seepage or leakage, except those freshwater impoundments deemed to be suitable to prevent seepage or leakage based on soil analyses from the operator and standards developed and certified by a West Virginia registered professional engineer and approved by the Chief. All liners shall be installed in a manner that protects the structural integrity of both pit or freshwater impoundment and liner.
12.4.e. Dikes and embankments associated with pits and freshwater impoundments shall be constructed of compacted material and maintained with a slope that will preserve the structural integrity of the dike or embankment.
12.4.f. All dikes and embankments shall be free of trees and other organic matter, large rocks or any other material that reasonably could be expected to adversely affect the structural integrity of the dike or embankment.
12.4.g. Reclamation of the pits and freshwater impoundments shall not cause an overflow or discharge of materials to waters of the State. All material in the pit or freshwater impoundment, including the liner, shall be disposed of under approved permit unless beneficially reused in an appropriate manner.
12.4.h. All pits and alternative overflow prevention facilities shall be constructed, maintained, and reclaimed so as not to be left in a condition that constitutes a hazard or prevents use of the surface for any use available prior to the well activity, unless otherwise allowed by agreement with the surface owner, after the expiration of the reclamation period prescribed by W. Va. Code § 22-6A-14 and this section of the rule.
12.4.i. No pits or freshwater impoundments shall be constructed or utilized in any area having karst terrain, as identified, mapped, and published by the West Virginia Geological and Economic Survey.
12.5. Surface and Underground Water Pollution.
12.5.a. Before beginning to drill a horizontal well, the well owner or operator shall make proper and adequate provision to prevent pollution of the surface and groundwater.
12.5.b. When rotary drilling penetrates a formation known to contain substantial amounts of salt water, drilling will continue to the next casing point by drilling with mud, foaming or other satisfactory methods for the purpose of isolating the salt water in the formation or preventing the discharge of salt water into a freshwater horizon or to the surface of the ground. In the case of foaming, it is recognized that a certain amount of salt water mixed with the cuttings will be discharged above the surface of the ground, which will be contained in lined pits or steel tanks no larger than necessary for this purpose.
12.6. Notifications Prior to Commencement of Work - Prior to the construction of roads, locations or pits for any proposed well work, the operator or his contractor shall notify the oil and gas inspector so that the inspector can inspect and approve the construction and method of reclamation for all areas proposed in the permit application to be disturbed in siting, drilling, completing or producing the well. In addition, the well operator or his contractor shall notify the oil and gas inspector twenty-four (24) hours before actual permitted well work is commenced.
12.7. Requirements for Production and Gathering Pipelines.
12.7.a. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after the effective date of this rule, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.
12.7.b. The Chief reserves the right to direct the burial of any line installed pursuant to this rule to protect the public safety, by order issued after notice and hearing pursuant to the Offices rules.
12.7.c. Subject to the reservation in subdivision 12.7.b. above, production and gathering lines subject to this rule shall conform to the following:
12.7.c.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:
12.7.c.1.A. Where the line crosses agricultural land as defined in W. Va. Code § 19-19-2;
12.7.c.1.B. Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;
12.7.c.1.C. Where the line is crossing a stream bed;
12.7.c.1.D. Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road; and
12.7.c.1.E. Where the Chief decides prior to installation that burial would be practical and reasonable.
12.7.c.2. All buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered, in which case the minimum cover shall be six (6) inches. The buried line shall be installed in a manner that protects the line against corrosion.
12.7.c.3. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and
12.7.c.4. A suitable conductive wire shall be installed with plastic pipe or other suitable material to facilitate locating it with an electronic pipe locator.
12.7.d. Notwithstanding subdivision 12.7.c of this rule, the surface owner(s) of record of any tract subject to the provisions of W. Va. Code § 22-6A-14 have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on Form WR-75, Permission Not to Bury Production or Gathering Line, unless it is included in the recorded right-of-way or lease under which the pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.
12.7.e. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his or her tract. 12.8 Operating in Designated Mining Areas
12.8.a. In the event the coal permit holder provides a gas operator with a Notice of Designated Mining Area by certified mail/return receipt requested, the gas operator shall disclose by markers or drawings on one or more maps all natural gas pipelines as provided in subdivision 12.8.b below within ninety (90) days of the date of receipt of the notice, but the Chief may extend this time period by not more than ninety (90) days for good cause shown.
12.8.b. Pipelines in designated mining areas
12.8.b.1. All buried pipelines within a designated mining area shall be physically marked by the installation by or for the gas operator of above ground pipeline markers to be placed near the pipeline approximately along the line of sight, but not more than five hundred feet (500) apart. The pipeline markers shall be at least three feet (3) in height and include the word Warning, Caution, or Danger followed by the words Gas Pipeline, all of which must be in letters at least one inch (25 millimeters) high with one-quarter inch (6.4 millimeters) stroke, and show the name of the gas operator and the ten digit telephone number (including area code) where the gas operator can be reached. Markers shall be within twenty feet (20) of the pipeline where practicable. If the pipeline has been buried or moved by a third party, the pipeline shall be marked on a best-efforts basis and, in any event, the gas operator is not required to dig or excavate to uncover the line. The gas operator does not have a duty to replace markers unless those markers are damaged, disturbed or destroyed by the gas operator or someone acting on the gas operators behalf.
12.8.b.2. Unburied lines within a designated mining area will be marked as provided above or identified by providing the holder of the coal permit with computer-assisted or other drawings that show the approximate location of the unburied natural gas pipelines operated by the gas operator, or a topographical map on a scale no larger than one inch equals two thousand feet (1 = 2,000), showing the approximate location of the operators natural gas pipelines. The pipeline locations shown on the map shall be within three hundred feet (300) of the actual location of the line, unless it has been buried or moved by a third party, in which event the map or drawings shall identify the line on a best-efforts basis.
12.8.b.3. Pipeline markers should be placed where reasonably possible within line of sight, but in places where that may not be practical, other means may be used to establish markings along the line of sight, provided that the coal operator is informed of the alternative method of marking. Additionally, upon receipt of a Notice of Designated Mining Area, the gas operator shall provide the coal operator that provided the Notice of Designated Mining Area with a ten digit telephone number where the gas operator may be contacted.
12.8.b.4. The provisions of this subdivision may be superseded by a written agreement between the gas operator and the coal operator, which allows for notice of the location of pipelines by providing drawings, computer-assisted or otherwise, a topographical map of a scale no less detailed than one inch equaling two thousand feet (1 = 2,000) or by providing the GPS coordinates of such pipeline. A copy of the agreement shall be supplied to the Director of Miners Health, Safety, and Training and to the Chief.
12.8.c. Gas operators who have received a Notice of Designated Mining Area shall have a continuing obligation to comply with the disclosure requirements of this section with respect to: (1) all new pipelines installed by the gas operator subsequent to the gas operators initial disclosure; and (2) all existing pipelines relocated by the gas operator elsewhere within a designated mining area subsequent to the gas operators initial disclosure.
12.8.d. Upon the gas operator providing the required maps, coordinates or drawings or upon the gas operator setting conforming pipeline markers, the gas operator shall certify to the Chief by notarized affidavit, sworn or attested under penalty of law, that, to the best of the gas operators knowledge and belief, or that of the gas operators authorized agent or representative: (1) the gas operator is aware of and understands its obligations pursuant to subdivision 12.8.a. of this rule; and (2) the gas operator has complied fully therewith. The gas operator shall deliver a copy of the certification to the coal permit holder by certified mail/return receipt requested to the address provided in the Notice of Designated Mining Area.
12.8.e. So long as mining activities are ongoing, and excepting a bona fide emergency, a gas operator shall attempt to contact the coal permit holder whenever the gas operator enters or leaves the designated mining area. An attempt shall be deemed sufficient if the gas operator checks in at any staffed guard gate or entrance, or if the gas operator telephones the contact number listed in the Notice of Designated Mining Area in a good faith effort to communicate with the coal permit holder.
12.8.f. If any provision of this section is deemed to conflict with the pipeline regulations of the United States Department of Transportation (USDOT), then the USDOT regulations shall prevail, be enforced, and govern the conduct otherwise subject to this section. Nothing in this section is intended to contravene any right or obligation imposed by contract, statute or the common law.
W. Va. Code R. § 35-8-13 Preventing Waste
13.1. Equipment - All well owners or operators, contractors, drillers, pipeline companies or gas distributing companies producing or transporting oil or natural gas for any purpose shall use every reasonable precaution in accordance with accepted and approved methods to prevent waste of oil or natural gas and to prevent the pollution of the waters of the State in drilling, producing, transporting or distributing the oil or natural gas and shall not wastefully utilize oil or natural gas or allow the same to leak or escape from natural reservoirs, wells or pipelines.
13.2. Commercial Well Properly Equipped - Whenever oil or natural gas in commercial quantities in a well-defined oil or natural gas bearing stratum, which stratum are known to contain oil or natural gas in commercial quantities, is encountered in any well drilled for oil or natural gas in this State, all oil or natural gas bearing strata shall be adequately protected from infiltrating waters.
13.3. Preparation for Drilling In - Equipment for conserving oil and natural gas shall be provided before drilling in. In all proved or well-defined oil or natural gas fields or where it can be reasonably expected that oil or natural gas in commercial quantities will be encountered, adequate preparations shall be made for the conservation of oil or natural gas before drilling any well.
13.4. Multi-Zone Production - So far as it is practical to do so, natural 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 natural gas into the low pressure sands.
W. Va. Code R. § 35-8-14 Variances
Upon request of the operator, or upon the Chiefs own initiative, the Chief may grant a variance from any requirements of this rule upon a showing by the operator of the reason for the variance and that alternative practices will satisfy the requirements of Chapter 22, Article 6A of the West Virginia Code and exhibit sound engineering practices. Prior to taking final action to grant or deny a variance, the Chief shall provide notice of the proposed action to the public, the surface owner(s) of record, and any coal owner, operator or lessee and provide them with an opportunity to comment on the a proposal.
W. Va. Code R. § 35-8-15 Water Supply Testing
15.1. Testing Obligations and Rights.
15.1.a. In accordance with W. Va. Code §§ 22-6A-10(b)(5) and 22-6A-10(d), at the request of the surface owner or water purveyor, the operator shall sample and analyze, in accordance with this section, water from any existing water wells or developed springs actually used by the surface owner or water purveyor for consumption by humans or domestic animals, which water wells or springs are located within one thousand five hundred (1,500) feet from the center of the proposed well pad.
15.1.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 existing water well or developed spring within one thousand five hundred (1,500) feet from the center of the proposed well pad. If more than one water well or spring exists, the operator shall select for sampling and analysis the one water well or spring that, in the operator's judgment, has the highest potential for being influenced by the operators well work.
15.1.c. If for any reason the operator is unable to sample and to analyze water from any existing water wells or developed springs within one thousand five hundred (1,500) feet from the center of the proposed well pad, the Chief may require the operator to sample and to analyze, in accordance with this section, water from one existing water well or developed spring located between one thousand five hundred (1,500) and two thousand (2,000) feet from the center of the proposed well pad.
15.1.d. In accordance with W. Va. Code § 22-6A-18, at the operators discretion, any or all existing water wells or developed springs within one thousand five hundred (1,500) feet from the center of the proposed well pad may be sampled and analyzed in accordance with this section.
15.1.e. In accordance with W. Va. Code § 22-6A-8(g)(5)(D), owners of drinking water wells located within one thousand five hundred feet (1,500) of a water supply well used to support activities permitted under this article may request well flow and quality testing prior to operating the water supply well. Drinking water well owners shall be noticed as described in section 15.2.b. 15.2 Notice
15.2.a. Surface Owner and Water Purveyor Pursuant to W. Va. Code § 22-6A-10(d), the operator shall give notice to the surface owner and the water purveyor of their right to request that the operator sample and analyze an existing water well or developed spring in accordance with subdivision 15.1.a. of this rule. The operator may satisfy this requirement by providing this notice at the same time and in the same manner as it provides the surface owner with notice of the permit application.
15.2.b. Generally - The operator shall make a reasonable attempt to give additional notice of the right to request the operator to sample and analyze an existing water well or developed spring in accordance with subdivision 15.1.a above. The operator may satisfy this requirement if notice is provided by any of the following methods:
15.2.b.1. Personal service or posting notice at the entrance to any occupied dwellings or at any other locations where the use of the existing water well or developed spring is conspicuous, which occupied dwellings or other locations are located within one thousand five hundred (1,500) feet from the center of the proposed well pad;
15.2.b.2. Mailing notice to occupied dwellings located within one thousand five hundred (1,500) feet from the center of the proposed well pad; or
15.2.b.3. Any other means reasonably calculated to provide adequate notice to the surface owner and water purveyor and approved by the Chief.
15.2.c. Form - The notice provided by the operator in accordance with this section shall be in a form approved by the Chief, which, at a minimum, shall contain a statement of the surface owners and water purveyors right to request sampling and analysis; advise the surface owner and water purveyor of the rebuttable presumption for contamination or deprivation of a fresh water source or supply; advise the surface owner and water purveyor that refusal to allow the operator to conduct a pre-drilling water well test constitutes a method to rebut the presumption of liability; advise the surface owner and water purveyor of his or her independent right to sample and analyze any water supply at his or her own expense; advise the surface owner and water purveyor whether or not the operator will utilize an independent laboratory to analyze any sample; and advise the surface owner and or water purveyor that he or she can obtain from the Chief a list of water testing laboratories in the subject area capable of and qualified to test water supplies in accordance with standard acceptable methods.
15.2.d. Timing The operator shall provide notice as required in subsection 15.2 above prior to filing any permit application with the Chief.
15.2.e. Filing At the time the operator files a well work permit application, the operator shall also file a statement describing whether any water users as described above were identified and the manner in which the operator provided the requisite notice.
15.3. Sampling and Analysis.
15.3.a. Approved Methods - The operator shall collect and analyze samples in accordance with methods approved by the Chief or as set forth at 40 CFR Part 136.
15.3.b. Parameters - The operator shall analyze samples for the following parameters:
15.3.b.1. Total Petroleum Hydrocarbons (GRO, DRO, ORO)
15.3.b.2. BTEX
15.3.b.3. Chloride
15.3.b.4. Sodium
15.3.b.5. Total Dissolved Solids (TDS)
15.3.b.6. Aluminum
15.3.b.7. Arsenic
15.3.b.8. Barium
15.3.b.9. Iron
15.3.b.10. Manganese
15.3.b.11. pH
15.3.b.12. Calcium
15.3.b.13. Sulfate
15.3.b.14. Detergents (MBAS)
15.3.b.15. Dissolved Methane
15.3.b.16. Dissolved Ethane
15.3.b.17. Dissolved Butane
15.3.b.18. Dissolved Propane
15.3.b.19. Bacteria (total coliform)
15.3.b.20. Any others parameters determined by the operator or the Chief.
15.3.c. Laboratories - The laboratory utilized by the operator shall be approved by the agency as being certified and capable of performing sample analyses in accordance with this section.
15.3.d. Distribution of Results No later than thirty (30) days after receipt of any water sample analysis, the operator shall provide the results of the same in writing to the Chief and to any of the water users who requested an analysis in accordance with this section.
15.3.e. Certification of Results - The submission of analytical results on behalf of the operator pursuant to subdivision 15.3.d. shall be made by a responsible operator representative or contractor knowledgeable of and responsible for the sampling and analysis of water samples, who shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
15.4. Operators Right of Entry.
15.4.a. After notice as required by this section, the operator (or any other contractor or laboratory directed by the operator to collect samples of water for analysis) may enter onto land upon which an existing water well or developed spring is located to conduct sampling as authorized by subsection 15.1 above. This right of entry may be exercised for this purpose without the permission of the surface owner or water purveyor.
15.4.b. If the surface owner or water purveyor protests or acts to block the right of entry, then the right of entry may be enforced by a court with jurisdiction to enter an injunction regarding the land upon which the existing water well or developed spring is located. However, if any person acts to block the right of entry provided herein, the operator is not required to enforce this right of entry and shall not be liable for any penalty or loss of rights, privileges or permits based on the failure to exercise the right of entry and obtain the water sample otherwise required by this section.
15.4.c. If the operator or contractor does not enter onto land and obtain a water test because of a protest or action to block the operators or contractors entry, the protest or action to block entry shall be admissible as evidence in an action between the operator and any surface owner or water purveyor in which the results of the test would have been relevant.
15.4.d. The operator is liable for any reasonable actual damages done other than normal wear and tear of the property while gathering the sample required by this section. This provision does not limit other provisions of the law.
W. Va. Code R. § 35-8-16 Construction of Pits and Freshwater Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels Included in a Specific Well Work Permit
16.1. All pits and freshwater impoundments with capacity of greater than five thousand (5,000) barrels that are included in a specific well work permit 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 a manner that minimizes adverse environmental effects and assures safety to the public. Notice of construction of all pits and freshwater impoundments shall be provided to the oil and gas inspector and the Chief prior to construction. The notice shall identify the location and dimensions of the pit or freshwater impoundment. The Chief shall have the authority to inspect these sites and enforce this rule.
16.2. Design and Construction Requirements. All pits shall meet the requirements of subdivisions 17.2.b. through 17.2.f. and subdivision 17.2.h. of this rule. Additionally, all pits and freshwater impoundments subject to this section shall meet the following minimum requirements:
16.2.a. Be constructed in accordance with plans designed and certified by a West Virginia registered professional engineer;
16.2.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;
16.2.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; and
16.2.d. Incorporate lifelines and perimeter fencing for increased safety.
16.3. In constructing the dike or embankment, the operator shall remove all topsoil from the foundation, install cutoff trenches where necessary to ensure stability, provide for proper compaction and ensure against excessive settlement by excluding sod, roots or frozen soil from the embankment. Permanent vegetative cover, free of brush and trees, shall be established on all dikes and embankments.
16.4. A pit or freshwater impoundment that is constructed in such a manner that it (a) Rises twenty-five (25) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifteen (15) acre-feet or more of water; or (b) Rises six (6) feet or more above the natural bed of a stream or watercourse as measured from the downstream toe of the embankment and does or can impound fifty (50) acre-feet or more of water is, by definition, a dam and thereby subject to the provisions of the West Virginia Dam Control Act, W. Va. Code § 22-14-1, et seq. and are not subject to the requirements of this section or of W. Va. Code § 22-6A-1 et seq. as it relates to pit and impoundment construction.
16.5. Any freshwater impoundment that does not meet the criteria of section 16.4 above and that is intended to be left permanent shall meet the requirements set forth by the United States Department of Agricultures Natural Resources Conservation Service Conservation Practice Standard Ponds (Code 378). No pits may be left permanent.
16.6. Inspections.
16.6.a. After construction and prior to the placement of any fluid, all pits and freshwater impoundments with a capacity of greater than five thousand (5,000) barrels shall be inspected by a West Virginia registered professional engineer to ensure compliance with the certified design and construction plan. If the inspection reveals that the pit or freshwater impoundment has been constructed in accordance with the plan, the professional engineer shall certify that in writing to the Chief. Placement of fluid in the pit or freshwater impoundment shall not begin until the certification has been filed with the Chief.
16.6.b. All pits and freshwater impoundments with a capacity of greater than five thousand (5,000) barrels containing fluid must be inspected every two (2) weeks for the life of the pit or freshwater impoundment and within twenty-four (24) hours of a significant rain event, which shall be defined as rainfall of two (2) inches or more in a six (6) hour period. The inspection must be conducted by a company representative experienced in pit and impoundment construction and a report of the same shall be available for review by the Office. If an inspection discloses a potential hazard, the company shall inform the oil and gas inspector or the Chief within twenty-four (24) hours of the inspection the findings and of the emergency procedures implemented for public protection and remedial action.
W. Va. Code R. § 35-8-17 Construction of Centralized Pits and Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels
17.1. For purposes of this rule, the following terms have the following meanings:
17.1.a. Centralized pit or impoundment is a pit or impoundment, as that term is defined above, with capacity of greater than five thousand (5,000) barrels, which is not associated with a specific well work permit, but which is being used by the operator for the fluid management of one or more surrounding well work locations. The operator must receive a certificate of approval from the Chief prior to constructing a centralized pit or impoundment.
17.1.b. Certificate of approval means the written approval issued by the Chief to a person who has applied to the Chief for a certificate that authorizes the person to place, construct, enlarge, alter, remove or repair a centralized pit or impoundment and which specifies the conditions or limitations under which the work is to be performed by the applicant.
17.1.c. Dangerous condition means any structural or hydraulic condition of a centralized pit or impoundment that may lead to (1) failure of the centralized pit or impoundment and possible loss of human life or substantial loss of property; (2) harm to the public health or welfare; or (3) significant harm to the environment.
17.1.d. Emergency condition means an imminently dangerous condition where failure of the centralized pit or impoundment is possible at any time.
17.2. All centralized pits and impoundments shall be constructed in accordance with the provisions of section 16 above and the additional requirements set forth in this section except subsections 17.2.f. and 17.2.g. which do not apply to freshwater impoundments.
17.2.a. Siting Requirements
17.2.a.1. No centralized pits or freshwater impoundments shall be constructed or utilized in any area identified, mapped, and published as karst terrain by the West Virginia Geological and Economic Survey.
17.2.a.2. Centralized pits may not be constructed within the one hundred (100) year floodplain of waters of this State as determined by the National Flood Insurance Program (NFIP) floodplain mapping; in or within one hundred feet (100) of a wetland as measured horizontally from the limit of disturbance; within five hundred feet (500) measured horizontally from the limit of disturbance to an occupied dwelling, unless the dwelling owner has provided a written waiver consenting to the pit being closer than five hundred feet (500); within five hundred feet (500) of a perennial stream as measured horizontally from the limit of disturbance; within five hundred feet (500) of a private water source as measured horizontally from the limit of disturbance, unless the owner of the water source has provided a written waiver consenting to the pit being closer than five hundred feet (500); within one thousand feet (1,000) upstream of a public water system intake source as measured horizontally from the limit of disturbance; or in or within twenty inches (20) of the seasonal high of the groundwater table, except perched groundwater zones.
17.2.b. A centralized pit or impoundment shall have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. Minimum crest width of the embankment shall be twelve feet (12). Maximum interior and exterior slopes shall be constructed at a two-to-one ratio (2:1), horizontal to vertical, unless the operator can demonstrate through soil testing and engineered plans that include slope stability analyses that different slope configurations are sufficient to hold the required loading as defined by the engineer with a minimum factor of safety of one and one-half (1.5).
17.2.c. Minimum compaction requirements for embankment fills shall be the same as those for embankment fills as set forth in subdivision 5.5.c.9 above and have maximum side slopes of two horizontal to one vertical (2:1)
17.2.d. Fills shall be constructed in horizontal lifts with a maximum thickness nine inches (9) with no individual particle being greater than three inches (3). Organic material, woody debris, frozen material or any other objectionable or deleterious material shall not be allowed in any fill material utilized in the construction of a pit or impoundment. No fill material shall be allowed that is too wet or too dry to achieve adequate compaction based on soil test results;
17.2.e. Liner Requirements
17.2.e.1. Centralized impoundments shall have a synthetic liner designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum thickness) to prevent the migration of water out of the impoundment to the adjacent surface and subsurface soil, groundwater or surface water at any time during the active life.
17.2.e. 2. Centralized pits shall have a two liner system. The liner system shall be designed, constructed, and installed to prevent migration of wastewater out of the centralized pit to the adjacent surface and subsurface soil, groundwater or surface water at any time during the active life of the centralized pit. The liner system shall include a synthetic top liner designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum thickness) to prevent the migration of wastewater into the liner during the active life of the pit and a synthetic bottom liner, designed and constructed of materials (e.g., a geomembrane of sixty (60) mil minimum) to prevent the migration of wastewater into this component during the active life of the pit.
17.2.e.3. Liners shall be constructed of synthetic materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the water or wastewater to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation; placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and installed to cover all surrounding earth likely to be in contact with the water or wastewater.
17.2.f. Leak Detection
17.2.f.1. The area between the top and bottom liners, as described in paragraph 17.2.e.2., shall be designed as a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of wastewater at the earliest practicable time through all areas of the top liner likely to be exposed to wastewater during the active life of the pit.
17.2.f.2. The leak detection system shall be constructed with a minimum bottom slope of one percent; constructed of granular drainage materials with a hydraulic conductivity of 1×10−1 cm/sec or more and a minimum thickness of twelve (12”) inches (30.5 cm) or constructed of synthetic or geomet drainage materials with a transmissivity of at least 3×10−4 m2/sec; constructed of materials that are chemically resistant to the wastewater in the centralized pit, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastewater and any materials or equipment used at the surface of the centralized pit; designed and operated to minimize clogging during the active life of the pit; and constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each centralized pit shall have its own sump(s). The design of each sump and removal system shall provide a method for monitoring the volume of liquids removed.
17.2.f.3. Any liquids removed from a pit shall be properly managed by offsite disposal or placed back into the centralized pit. The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
17.2.g. Monitoring
17.2.g.1. A person or company that operates a centralized pit shall install, operate, and maintain a monitoring system that can detect the entry of contaminants into the groundwater or surface water.
17.2.g.2. The water quality monitoring system shall accurately characterize groundwater flow, groundwater chemistry, and flow systems on the site and adjacent area. For the purpose of establishing baseline groundwater data, the system shall consist of at least one monitoring well hydraulically down gradient from the proposed pit area in the direction of decreasing static head that is capable of providing representative data of groundwater prior to the construction of the pit. The down gradient monitoring well(s) shall be: sufficient in number, location and depth to be representative of water quality; located so that they do not interfere with routine well operations; located within two hundred feet (200) of the centralized pit; and drilled by drillers licensed in accordance with the Division of Water and Waste Managements Monitoring Well Rules, 47 CSR 59. The well materials shall be decontaminated prior to installation. All monitoring wells shall be installed in accordance with the Division of Water and Waste Managements Monitoring Well Design Standards, 47 CSR 60.
17.2.g.3. The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the centralized pit. At a minimum, the program shall include procedures and techniques for sample collection, sample preservation and shipment, analytical procedures, and chain of custody control.
17.2.g.4. Analyses of data collected shall be submitted to the Office within sixty (60) days of sampling or fifteen (15) days after completion of analyses, whichever is sooner, unless the Office approves another time period upon request of the operator and for good cause shown. Water samples must be collected from monitoring wells on a minimum frequency of once per calendar quarter and analyzed by a laboratory certified by the Division of Water and Waste Managements laboratory certification program for, at a minimum, the following parameters:
17.2.g.4.A. Total dissolved solids;
17.2.g.4.B. Chloride;
17.2.g.4.C. Sulfates;
17.2.g.4.D. pH; and
17.2.g.4.E. Specific conductance.
17.2.h. A centralized pit or impoundment shall be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error and have at a minimum two feet (2) of freeboard maintained at all times. To verify the two feet (2) of freeboard, the elevation of two feet (2) below the crest of the centralized pit or impoundment shall be permanently marked on the liner.
17.3. Certificate of Approval for Construction of Centralized Pits and Impoundments
17.3.a. Application Preparation, Submission, and Review
17.3.a.1. Applications shall be submitted on Form IMP-1B. Application forms must be completed in their entirety without unauthorized omissions, alterations or additions. Applications shall be signed by the applicant.
17.3.a.2. A complete application will consist of a completed and signed application form, all applicable fees, and a plan package containing the information required by subdivision 17.3.b. below.
17.3.a.3. Applications will be reviewed for sufficiency by the Office. The review will consider the completeness and technical accuracy of the information submitted and will evaluate all engineering plans and assumptions to determine the safety of the centralized pit or impoundment.
17.3.a.4. Applications that are incomplete or otherwise not in compliance with the requirements of this rule will be returned to the applicant for correction.
17.3.b. Plans and Specifications
17.3.b.1. Plans and Specifications - Plans and specifications relating to the design, placement, construction, enlargement, alteration, repair, removal or reclamation of a centralized pit or impoundment must be prepared in accordance with the requirements of this rule.
17.3.b.2. All plans and specifications shall be signed and certified by a West Virginia registered professional engineer.
17.3.b.3. Plan Package Organization - Each plan package submitted for approval shall contain a general narrative discussion of the project to fully and accurately describe the following information, arranged in the following order, unless an alternative submission format is approved by the Chief:
17.3.b.3.A. Existing site conditions;
17.3.b.3.B. Local geology and geotechnical considerations;
17.3.b.3.C. Design techniques with associated design computations and data;
17.3.b.3.D. Environmental protection measures for the control of erosion and sedimentation and for the disposal of construction wastes;
17.3.b.3.E. Method of construction, including clearing and grubbing, topsoil stockpiles, and surface and subsurface drainage structures; and
17.3.b.3.F. Routine inspection and maintenance procedures and schedules.
17.3.b.4. Project Specifications - Specifications submitted with the plan package must be specific to construction of the centralized pit or impoundment for which a certificate of approval is being sought. Specifications shall be included in the plan package to detail the following:
17.3.b.4.A. Clearing and grubbing;
17.3.b.4.B. Soil stockpiles;
17.3.b.4.C. Slopes and grades;
17.3.b.4.D. Surface drainage structures such as embankment diversion ditches;
17.3.b.4.E. Spreading and compaction requirements, including lift thicknesses, moisture content, and degree of compaction;
17.3.b.4.F. Anti-seep mechanisms;
17.3.b.4.G. Channel and slope protection (e.g., riprap);
17.3.b.4.H. Project quality control and testing;
17.3.b.4.I. Construction erosion and sediment control;
17.3.b.4.J. Construction waste disposal;
17.3.b.4.K. Dust abatement;
17.3.b.4.L. Revegetation;
17.3.b.4.M. Installation and reading of monitoring devices;
17.3.b.4.N. Inspection and maintenance; and
17.3.b.4.O. Other information as requested by the Chief.
17.3.c. Maps and Drawings The operator shall include maps and drawings in the plan package showing the following:
17.3.c.1. The project area in relation to primary highways, county seats, and major drainages. County highway maps may be used for this purpose;
17.3.c.2. The limits of the project area shall be included in the plan package. The minimum map scale meeting this requirement is a 7½- minute United States Geological Survey topographic map with the project area plotted on it;
17.3.c.3. A plan view map of the project area that shows all disturbed and impoundment or pit areas shall be included in the plan package showing detailed contour intervals (i.e., a five-foot maximum interval); and
17.3.c.4. Construction drawings shall be included in the plan package showing subdrains, spillways, anti-seep mechanisms, and other pertinent structures.
17.3.d. Erosion and Sediment Control Plan The operator shall submit as part of the plan package an erosion and sediment control plan that has been certified by a West Virginia registered professional engineer. Erosion and sediment control measures shall, at a minimum, conform to current erosion and sediment control reference manuals and apply to the entire project area.
17.3.e. Reclamation Plan The operator shall submit as part of the plan package a reclamation plan that has been certified by a West Virginia registered professional engineer. The reclamation plan shall include details describing the post-construction phase and the post-use final reclamation configuration of the centralized pit or impoundment site.
17.3.f. Maintenance Plan The operator shall submit as part of the plan package a maintenance plan that has been certified by a West Virginia registered professional engineer. The maintenance plan shall be updated periodically as necessary to reflect changing site conditions and shall include, at a minimum, schedules for maintaining embankments, vegetative or rock covers, gates, fences, safety lines and equipment, liners, pumps, diversion ditches, drainage control, manifold loading lines, monitoring equipment, and appurtenances. The maintenance plan shall be implemented immediately by the operator upon issuance of the certificate of approval by the Chief. Specific maintenance requirements are set forth in subsection 17.8. below.
17.3.g. Monitoring and Emergency Action Plan
17.3.g.1. The operator shall submit as part of the plan package a monitoring and emergency action plan that includes, but is not limited to, the following:
17.3.g.1.A. A description of the centralized pit or impoundment, including appropriate drawings and location maps;
17.3.g.1.B. A description of areas or items to be inspected;
17.3.g.1.C. The responsible persons names, addresses, and telephone numbers;
17.3.g.1.D. The method the responsible person(s) will use to contact the Chief and county emergency services authorities in the event of an emergency; and
17.3.g.1.E. Other items required by the Chief based upon site-specific conditions.
17.3.g.2. Monitoring and emergency action plans shall be updated annually. More frequent updating of the plans may be required by the Chief based upon rapidly changing personnel or site conditions. The updated monitoring plan shall be implemented immediately by the operator upon the approval of the plan by the Chief.
17.3.g.3. The operator shall coordinate with county emergency service authorities in the development of the emergency action plan and shall provide county emergency services authorities with a copy of the approved monitoring and emergency action plan and all updates to that plan that have been approved by the Chief.
17.3.g.4. Emergency Procedures
17.3.g.4.A. Emergency Condition - If the operator determines that an emergency exists, he or she shall immediately notify any person who may be endangered if the centralized pit or impoundment should fail and then notify the appropriate county emergency services authorities and the Chief. After providing notification of the emergency condition, the operator shall immediately take any remedial action, such as an emergency release of water, which is necessary to protect life and property. The Chief may waive the requirement for a certificate of approval where necessary to accomplish repairs under emergency conditions.
17.3.g.4.B. Dangerous Condition - Should a dangerous condition develop, the operator shall immediately notify the Chief and take any remedial action necessary to protect life and property. Emergency procedures developed in accordance with the provisions of subdivision 17.3.g. shall be implemented to protect life and property downstream. The site shall be inspected and monitored at least once every eight (8) hours until the emergency situation is alleviated. Continuous monitoring may be required by the Chief when there is an imminent danger to the health, safety or welfare of the public.
17.3.g.4.C. Evaluation of Dangerous Conditions - If a dangerous condition develops, the operator shall initiate an engineering evaluation as soon as possible to formulate a plan for permanent correction of the dangerous condition. The evaluation and corrective action plan shall be submitted to and approved by the Chief prior to implementation.
17.3.g.5. The Chiefs approval of a monitoring and emergency action plan or updates to the plan shall not relieve the operator of its legal duties, obligations or liabilities otherwise applicable by law.
17.3.h. Water Management Plan All applications for certificates of approval for centralized pits or impoundments shall include an estimation of the volume of water that will be stored in the pit or impoundment for which the certificate of approval is sought and, if filling the pit or impoundment requires the use of water obtained by withdrawals from waters of this State in amounts that exceed two hundred ten thousand (210,000) gallons during any thirty-day period, the application for a certificate of approval shall include a water management plan as set forth in subsection 5.6. above, except that the applicant for a certificate of approval does not need to provide the information required by paragraphs 5.6.b.4. and 5.6.b.5.
17.4. Notification of the Commencement of Construction In addition to the requirements of W. Va. Code § 22-6A-10(h) and prior to the commencement of construction activities in the project area, the operator or the operators representative shall notify the Chief and the surface owner of record of the tract on which the centralized pit or impoundment is to be constructed the name, address, and telephone number of the operators and contractors authorized contact person at the project area who is responsible for communicating with the Office and for receiving inspections reports and legal notifications, and the name, address, and telephone number of the operators and contractors authorized contact person at the project area whom the Chief or the surface owner can contact in case of an emergency, if those names and contact information are different.
17.5. Conformance with Plans
17.5.a. All work undertaken in the construction or modification of a centralized pit or impoundment shall be in strict conformance with the plans and specifications contained in the plan package submitted pursuant to subsection 17.3. above and approved by the Chief. Any changes to the approved plans and specifications shall be submitted to and approved by the Chief prior to implementation.
17.5.b. Upon completion of construction of a centralized pit or impoundment, the operator shall submit to the Chief certification from a West Virginia registered professional engineer that the centralized pit or impoundment was constructed in accordance with the approved plan. Once this certification and an as-built plan have been received by the Chief or the Chiefs designee, the centralized pit or impoundment may be filled. This final certification shall be maintained by the operator for a minimum of five (5) years after the reclamation of the structure and site. The certification shall be completed, signed, and sealed by the registered professional engineer who provided oversight for construction and shall contain, at a minimum, the following information: a statement that the engineer provided oversight for all aspects of construction and that the pit or impoundment was constructed as designed and in substantial conformance with these requirements and the quality assurance and quality control plan; soils classification testing results for the embankments; soil compaction testing results for the sub-base; as-built drawings noting any deviation from the original plans; quality assurance and quality control test results; and color photographs of, at a minimum, the following: the cleared and grubbed foundation; the leak detection system installation; the placement and compaction of fill; the completed embankments; the completed sub-base; and (6) the completed secondary liner.
17.6. On-Site Documents - A copy of the certificate of approval, all approved plans and specifications, and all outstanding notices to comply or orders to comply that have been issued by the Chief shall be available at the project area office for reference by construction personnel and the oil and gas inspector.
17.7. Application and Annual Registration Fees
17.7.a. Application Fee - Each application submitted to place, construct, alter, repair or remove a centralized pit or impoundment shall include an application fee of three hundred dollars ($300).
17.7.b. Annual Registration Fee Operators holding certificates of approval shall be assessed an annual registration fee of one hundred dollars ($100). In accordance with W. Va. Code § 22-6A-9, existing certificates of approval will be extended for one year upon receipt of the annual registration fee, an inspection report in accordance with subsection 17.9.b., a maintenance plan in accordance with subdivision 17.3.f., a monitoring and emergency action plan in accordance with subdivision 17.3.g., and a water management plan in accordance with subdivision 17.3.h. Where an approved, up-to-date inspection report, maintenance plan, monitoring and emergency action plan, and water management plan are on file in the Office, and where no outstanding violation(s) exist, then the certificate of approval will be extended without resubmission of the foregoing documents upon receipt of the annual registration fee.
17.7.c. Any certificate of approval issued pursuant to W. Va. Code § 22-6A-9 and this rule is void if fee payment has not been made within forty-five (45) days of receipt of notice that the amount is due. Resubmission of an application in accordance with section 17.3 is required where a certificate has become void.
17.8. Maintenance of Centralized Pits or Impoundments
17.8.a. Signage Once constructed, a centralized pit or impoundment shall display adequate signage that readily identifies its owner, its name and Certificate of Approval (COA) identification number, its contents, the ten-digit telephone number of a 24-hour emergency contact person, and warnings to the public forbidding unauthorized entry and communicating the hazards of unauthorized entry. Signs shall be conspicuously displayed at road entrances and, at a minimum, one on each of four sides of the pit or impoundment to ensure visibility from any approach. Signs shall be constructed of durable, weather-proof material.
17.8.b. Security All centralized pits and impoundments shall be enclosed by adequate fencing to secure the site from access by the public and wildlife. A six foot (6) minimum height perimeter fence that is suitable to limit unauthorized entry to the site shall be installed prior to placing any fluid in the centralized pit or impoundment. At least one strand of barbed wire shall be installed at the top of the perimeter security fence to discourage unauthorized entry. An equivalent fencing measure may be utilized upon the approval of the Chief. This security fence shall be maintained for the life of the centralized pit or impoundment. Orange construction barrier fence and barbed wire only fence shall not be considered adequate for limiting unauthorized access. A lifeline throw ring safety device attached to a rope shall be kept available at all times in case someone accidentally falls into the pit or impoundment. The safety device shall be attached in a readily available location adjacent to the centralized pit or impoundment.
17.8.c. Embankments All failures resulting from landslides or slope failures shall be corrected immediately, if the failures affect the safety or design capacity of the centralized pit or impoundment or its appurtenances. Any such failure shall be reported to the oil and gas inspector or the Chief within twenty-four (24) hours of its occurrence.
17.8.d. All liners shall be maintained so as to prevent leakage.
17.8.e. The operator shall maintain leak detection equipment and establish a leak detection zone around any centralized wastewater impoundment so as to ensure quick detection of leaks; immediately address evidence of leaks, with all efforts made to control the leak, to lower the water level in order to inspect the leaking area, and to repair the leak; and report all leaks or spills to the agencys spill hotline at 1-800-642-3074, the oil and gas inspector, and the Chief.
17.8.f. The operator shall utilize a marking device in all centralized pits and impoundments that readily allows for water level readings. The marking device shall display increments of at least six (6) inches and be used to observe and log water level readings. The marking device may include paint markings on the liner wall, a vertical rod with markings or other similar system.
17.8.g. The immediate area surrounding all centralized pits and impoundments shall have vegetative control and be mowed periodically.
17.8.h. The embankments of all centralized pits and impoundments shall be kept clear of burrowing animals.
17.8.i. Diversion ditches and all other surface water control ditches shall be maintained in proper working order so as to prevent drainage into the centralized pit or impoundment or uncontrolled erosion and sedimentation.
17.8.j. The operator shall not store non-aqueous phase hydrocarbons (i.e. visible, floating hydrocarbons) in a centralized pit or impoundment. Accumulation of non-aqueous phase hydrocarbons shall be skimmed and disposed of properly.
17.9. Inspection of Centralized Pits or Impoundments
17.9.a. After construction and prior to the placement of any fluid, any centralized pit or impoundment shall be inspected by a West Virginia registered professional engineer to ensure compliance with the certified design and construction plan. If the inspection reveals that the pit or impoundment has been constructed in accordance with the plan, the professional engineer shall certify that in writing to the Chief. Placement of fluid into the pit or impoundment shall not begin until the certification and as-built plan have been filed with the Chief.
17.9.b. During initial filling operations, the pit or impoundment shall be monitored continuously until the structure is filled. The pit or impoundment shall be inspected daily, at a minimum, for the first seven (7) days after the initial filling. Continuous monitoring means that the structure will be inspected at a minimum frequency of at least every two (2) hours. During construction and installation, liner systems (e.g., membranes, sheets or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots or the presence of foreign materials). Immediately after construction or installation, synthetic liners shall be inspected to ensure tight seams and joints and the absence of tears, punctures or blisters.
17.9.c. All centralized pits and impoundments containing fluid must be inspected every two (2) weeks for the life of the pit or impoundment and within twenty-four (24) hours of a significant rain event, which shall be defined as rainfall of two (2) inches or more in a six (6) hour period. The person conducting the inspection shall report describing evidence of any of the following: deterioration, malfunctions or improper operation of overtopping control systems; sudden drops in the level of the structures contents; and severe erosion or other signs of deterioration in dikes or other containment devices. The inspection must be conducted by a company representative experienced in pit and impoundment construction. If an inspection discloses a potential hazard, the company shall inform the oil and gas inspector or the Chief within twenty-four (24) hours of the inspection the findings and of the emergency procedures implemented for public protection and remedial action.
17.9.d. In the event the centralized pit or impoundment has not been utilized for its intended purpose for an extended period of time (at least six months), the owner or operator shall obtain a certification from a professional engineer that the centralized pit or impoundment, including that portion of any dike that provides freeboard, has structural integrity. The certification shall establish, in particular, that the dike: will withstand the stress of the pressure exerted by the types and amounts of water or wastewater to be placed in the centralized pit or impoundment; and will not fail due to internal erosion or piping without dependence on any liner system included in the centralized pit or impoundment construction.
17.9.e. An owner or operator shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life of the centralized pit.
17.9.f. Pipelines transporting any wastewaters (e.g. drilling or hydraulic fracturing fluids) to or from the pit shall have pressure monitored at the pump. The discharge end of the pipeline shall be visibly inspected to ensure that flow does not decrease or change in a manner that could indicate that leakage is occurring in the pipeline. Personnel at both the intake and discharge end of the pipeline shall maintain constant communication during flowback or pumping operations when filling a centralized pit. Automated monitoring of the intake and discharge ends of the pipeline will also be acceptable. In the event of a leak or suspected leak, the operator shall cease operation of the pipeline until leaks are found and corrected.
17.9.g. Loading and unloading stations, including but not limited to drums, trucks, and railcars, shall have spill prevention and control facilities and procedures as well as secondary containment, if appropriate or otherwise required. Spill containment and cleanup equipment shall be readily accessible. Drip pans or other appropriate containment devices shall be utilized as needed at hose connections, valves or any other location that has small leaks.
17.10. Removal of Centralized Pits or Impoundments
17.10.a. To remove a centralized pit or impoundment, the operator shall submit Form IMP-5, Impoundment Modification / Closure Form, along with the appropriate permit fee set forth in subdivision 17.7.a. above.
17.10.b. Removal of a centralized pit or impoundment shall be in accordance with the reclamation plan approved by the Chief and consist of the complete removal of the structure to the original ground. Centralized pits or impoundments shall be completely drained before removal operations begin. Removal work shall be scheduled during dry weather using National Weather Service advice and proceed quickly to reduce the potential for impounding water. Erosion and sediment control measures sufficient to comply with the approved erosion and sediment control plan shall be implemented during removal operations.
17.11. Transfer of a Centralized Impoundment; Transfer of a Centralized Pit Prohibited
17.11.a. An operator may transfer ownership of a centralized freshwater impoundment to the surface owner of record of the surface tract upon which the freshwater impoundment is situated, upon notification to the Chief in writing within thirty (30) days after the transfer as follows:
17.11.a.1. The name and address of the surface owner to whom the freshwater impoundment is transferred;
17.11.a.2. A copy of the signed agreement between the operator and the surface owner acknowledging certificate of approval responsibility and including any warranties, insurance coverage or liability agreements between the parties; and
17.11.a.3. The effective date of the ownership or responsibility transfer.
17.11.b. An operator may transfer ownership of a centralized pit or impoundment to a registered and bonded well operator upon notification to the Chief in writing within thirty (30) days after the transaction by providing the following:
17.11.b.1. A copy of the signed agreement between the operators; and
17.11.b.2. The effective date of the ownership transfer.
17.11.c. Any impoundment that does not meet the criteria of section 16.4. above and that is intended to be left permanent shall meet the requirements set forth by the United States Department of Agricultures Natural Resources Conservation Service Conservation Practice Standard Ponds (Code 378).
17.11.d. No centralized wastewater pit shall be left permanent, but must be removed and reclaimed by the operator in accordance with this rule.
W. Va. Code R. § 35-8-18 Spill and Pollution Prevention and Control Measures; Drilling, Completion, Work-over, and Production Operations
18.1. Site equipment shall be positioned and techniques shall be used on well sites so as to prevent spills of any pollutants to surface waters and groundwater of the State. Potential pollutant sources from well operations during the drilling, completion, work-over, and production phases include, but are not limited to, mobile treatment or service units, skid drop-off units, material storage, the loading and unloading of dry bulk materials and liquids, process activities, dust generating activities, improper connections or management practices, waste disposal practices, and production facilities.
18.2. The limit of disturbance must be indicated on the erosion and sediment control plan described in subdivision 5.4.c. of this rule. All site provisions and activities listed in this section must be conducted within this limit of disturbance.
18.3. The operator may utilize placement of linings, feltings, paddings, and support boardings of adequate qualities and strengths in the areas of the site that contain complex activities, equipment, and materials.
18.4. All catchment basins, synthetic linings, paddings, boardings, sumps, berms, dikes, curbings, drill pad spill containment lining systems, and diversionary structures shall be appropriately installed, of adequate quality, and maintained to intercept all spills and pollutants from operations.
18.5. Catchment basins, dikes, sumps, and secondary containments shall be structurally sound and appropriate for collection of stormwater. Protective measures shall be in place for adequate stormwater control and pollutant collection.
18.6. Secondary containments shall be installed with impermeable basins for tanks used for stored liquids other than freshwater and shall have a capacity of one hundred and ten percent (110%) of the largest tank within a battery. The Offices Water Pollution Control Rule (35 CSR 1) and federal SPCC plans may also apply to operations in this section.
18.7. Bulk storage of dry chemicals and materials shall be placed upon an impermeable base and protective of weather conditions and stormwater runoff.
18.8. The owner or operator or person in charge of operations subject to this rule shall include measures for inspections of all facilities and equipment during active drilling, completion, and work-over operations. The owner, operator or person in charge of operations must conduct site inspections at least once per week and maintain records of the inspections so that they are available for review by the oil and gas inspector.
18.9. The owner or operator or person in charge of operations subject to this rule shall notify the oil and gas inspector or the Chief of a reportable discharge, as that term is defined in 35 C.S.R. 1 § 3.3, by calling 1-800-642-3074 immediately, but in no case no later than twenty-four (24) hours after becoming aware of the discharge. The owner or operator or person in charge of operations shall notify the oil and gas inspector immediately of any spills or pollutant discharges that are reasonably expected to contaminate surface water or groundwater.
W. Va. Code R. § 35-8-19 Plugging, Abandonment, and Reclamation
19.1. Notice and Application to Plug and Abandon; Time of Filing. -- Prior to the commencement of plugging operations and the abandonment of any well, the well operator shall:
19.1.a. Notify, by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail), the Chief and the coal operator operating coal seams, the coal seam owner of record or lessee of record, if any, to whom notices are required to be given by W. Va. Code § 22-6A-10, of its intention to plug and abandon the well(s) (using the form of notice provided by the Chief), giving the API number of the well and its location, and fixing the time at which the work of plugging and filling will be commenced, which time shall be not less than five (5) days after the day on which the notice so transmitted is received by the Chief, in order that a representative or representatives of the Chief and the coal operator, owner or lessee, if any, may be present at the plugging and filling of the well: Provided, That whether the representatives appear or do not appear, the well operator may proceed at the time fixed to plug and fill the well in the manner hereinafter described;
19.1.b. First obtain the written approval of the Chief and the coal operator, owner or lessee, if any; or
19.1.c. In the event the well to be plugged and abandoned is one on which drilling or reworking operations have been continuously progressing pursuant to authorization granted by the Chief, first obtain the verbal permission of the Chief or the Chiefs designated representative to plug and abandon the well, except that the well operator shall, within a reasonable period not to exceed five (5) days after the commencement of the plugging operations, give the written notices required by W. Va. Code § 22-6A-10.
19.1.d. The Notice of Intention to Plug and Abandon a Well required by W. Va. Code § 22-6A-10 shall conform to subdivision 5.1.c. of this rule.
19.1.e. The well operator shall also submit copies of all logs in its possession upon specific request by the Chief, pursuant to W. Va. Code § 22-6A-7(b)(10).
19.1.f. The well operator shall not be required to prepare or submit to the Chief a plat prior to the commencement of plugging operations as long as a plat pertaining to the particular well is on file with the Office and accurately identifies the location of the well, or so long as there is also on file with the Office the coordinates of the well established by a global positioning system (GPS). The coordinates established by a GPS must be filed with the Office in either a written or electronic form prescribed by the Chief. The GPS used to establish the coordinates shall be accurate within the variance allowed by law for the distance between the actual location of the well and location shown on the plat that is required to be filed with a well work permit application,.
19.1.g. No well may be plugged or abandoned unless, prior to the commencement of activities associated with those operations, the operator furnishes a bond to the Chief as provided in W. Va. Code § 22-6A-15. In no event prior to the commencement of plugging operations shall a lessee under a lease covering a well be required to give or sell the well to any person owning an interest in the well, including, but not limited to, the respective lessor or agent of the lessor, nor may the lessee be required to grant a person with an interest in the well, including, but not limited to, the respective lessor or agent of the lessor an opportunity to qualify to continue operation of the well in accordance with W. Va. Code § 22-6A-15.
19.2. In all cases, completed Forms WW-4(A) and WW-4(B) shall be filed with the Office and parties required to be noticed in the manner and within the time limits set out in W. Va. Code § 22-6A-10.
19.3. All dry or abandoned wells or wells presumed to be abandoned under the provisions of section W. Va. Code § 22-6-19 shall be plugged and reclaimed in accordance with the provisions of W. Va. Code § 22-6A-14 and this rule. The owner or operator of every well presumed to have been abandoned under the provisions of W. Va. Code § 22-6-19 shall file Form WW-4 within sixty (60) days after abandonment, unless the Chief waives this requirement upon request of the operator and for good cause shown.
19.4. Work Order; Manner and Method of Plugging.
19.4.a. An applicant for a permit to plug a well shall set forth the information required by Form WW-4(B), Application to Plug and Abandon a Well, and a detailed statement of the manner in which the work of plugging and filling the well is to be performed, including:
19.4.a.1. Location (by depth);
19.4.a.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;
19.4.a.3. Plans for mudding, cementing, and filling;
19.4.a.4. Plans for testing and for shooting and removing casing; and
19.4.b. Any well operator proposing to plug or to clean out and replug a well in the manner specified in subdivision 20.3.c. of this rule shall furnish the alternate cost estimates for performing the well work in the manner specified in paragraph 20.3.d.2. of this rule only in the event a coal operator, owner or lessee has filed a Form OB-16, Request by Coal Operator, Owner or Lessee for Plugging Under W. Va. Code § 22-6-24(d) or 35 CSR 8 § 20.3.d.
19.5. Length of Plug -- All cement plugs, other than those across coal seams, shall be at least one hundred feet (100) in length unless a variance from such a requirement is granted pursuant to section 14 above.
19.6. Retrieving Casing and Completing a Seal -- The operator shall make reasonable efforts to cut and pull all recoverable casing as determined by methods approved by the Chief or the Chiefs authorized representative. Equipment used to pull recoverable casing shall be rated and rigged at or above one hundred fifty percent (150%) of the estimated weight of the heaviest string of recoverable casing, unless otherwise approved by the Chief or the Chiefs authorized representative. Sufficient instrumentation shall be utilized to accurately indicate the pulling force applied. When casing cannot be pulled, the operator shall make reasonable attempts to perforate the pipe and squeeze cement behind the pipe in the vicinity of the freshwater zones to prevent the contamination of the fresh water zone.
19.7. Verbal Permission to Plug.
19.7.a. Verbal permission may be given in the event the well to be plugged and abandoned is one on which drilling or working operations have been continuously progressing pursuant to authorization granted by the Chief. Any verbal permission shall be given by the Chief, the supervising inspector or any inspector who is available to supervise the plugging work. Unless verbal approval is given by the Chief, the well operator shall notify the Office by telephone of the verbal approval given by the supervising inspector or the inspector no later than the next regular working day.
19.7.b. Unless the well operator proposes to plug the well in a manner allowed by paragraph 20.3.d.2. of this rule, the well operator shall contact the coal operator or the coal owner or lessee who has filed a declaration pursuant to W. Va. Code § 22-6-36, so as to provide the coal owner, operator or lessee the best opportunity to make a plugging request in accordance with subdivision 19.4.b of this rule.
19.8. Objections to Proposed Plugging -- Objections to the proposed plugging of a well, whether by the Office or by any affected person, shall not be made except for violation or impending violation of any provision of this rule. The Chief shall promptly rule on such objections at a hearing to be held after providing no less than five (5) days notice to the applicant and objectors.
19.9. Plugging Method Request by Coal Operator or Coal Seam Owner:
19.9.a. The request by a coal operator or coal seam owner made pursuant to subdivision 20.3.d. of this rule for a well to be plugged in any manner allowed by paragraph 20.3.d.2. of this rule rather than by the method provided in subdivision 20.3.c. of this rule shall be made on Form OB-16, Request by Coal Operator, Owner or Lessee for Plugging Under W. Va. Code § 22-6-24(d) or 35 CSR 8 § 20.3.d.
19.9.b. The well operator or owner in his sole discretion may waive the provision in subdivision 20.3.d. of this rule that such request must be filed in writing with the Office prior to the scheduled plugging of the well. In the event of such waiver, the cost of undoing any part of the plugging work in order to comply with the coal operators or coal seam owners request shall be treated as a part of the cost of complying.
19.9.c. The Office shall make findings and issue an order in accordance with paragraph 20.3.d.2. of this rule by endorsement on or attachment to Form WW-4.
19.10. Statutory Affidavit -- When the plugging, filling, and reclamation of a well have been completed, an affidavit, in triplicate, shall be made on a form prescribed by the Chief by two experienced persons who participated in the work (whether they are employees of the well owner or operator, a service company or a plugging contractor) and the Chief or his or her designated representative. The affidavit shall set forth the time and manner in which the well was plugged and filled and the land reclaimed. One copy of this affidavit shall be retained by the well operator, another (or true copies of same) shall be mailed to the coal operator or operators, if any, and the third to the Chief. The affidavit shall be made on Form WR-38, Affidavit of Filling Well.
W. Va. Code R. § 35-8-20 Plugging Methods
20.1. Materials Used in Plugging -- The non-porous materials and cements described in subsection 20.3 of this rule 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 or her authorized representative may approve use of 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 Chief as suitable for the intended purpose, and otherwise comply with all provisions of law and accepted standards. The Chief may approve use of non-standard material or cement upon request of the operator and for good cause shown.
20.2. Cleaning Out and Replugging Application; Objections; Order.
20.2.a. Application to clean out and replug a previously plugged well pursuant to subdivision 20.3.e of this rule shall be made by completing Form WW-4A, Notice of Application to Plug and Abandon a Well, and by the associated comments required to accompany Form WW-4A by subsection 19.1 of this rule.
20.2.b. Objections to a Form WW-4 application to clean out and replug a well, whether by the Chief or by any affected person, shall not be made except for violation or impending violation of the provisions of sections 19 and 20 of this rule. If such an objection is filed or made, the Chief shall set a hearing date and give notice in accordance with subdivision 20.3.e. The notice shall indicate the date, time, and location of the hearing, identifying the well by reference to the API number.
20.2.c. The Chiefs order permitting or rejecting an application shall be endorsed on the Form WW-4 application and shall be mailed to the parties in accordance with the method provided by subdivision 20.3.e.
20.3. Plugging methodology--Upon the abandonment or cessation of the operation of any well drilled for natural gas or petroleum, the operator shall fill and plug the well in the following manner:
20.3.a. Where the well does not penetrate workable coal beds, it shall either be filled with water, cement or other nonporous material throughout the horizontal section; or a permanent bridge shall be anchored at the point in which the well intersects the formation in which the horizontal section exists. At this point, being the top of the target formation, there shall be placed a plug of cement or other suitable material which will completely seal the hole. Between this sealing plug and a point twenty feet (20) above the next higher oil, gas or water-bearing stratum, the hole shall be filled in the manner outlined herein. At that point, there shall be placed another plug of cement or other suitable material which will completely seal the hole. In like manner, the hole shall be filled and plugged with reference to each of its oil, gas or water-bearing strata. However, whenever the strata are not widely separated and are free from water, they may be grouped and treated as a single sand, gas or petroleum horizon, and the aforesaid filling and plugging may be performed as though there were but one horizon. After the plugging of all oil, gas or water-bearing strata as aforesaid, a final cement plug shall be placed approximately ten feet (10) below the bottom of the largest casing in the well. From this point to the surface, the well shall be filled with mud, clay or other nonporous material. In case any of the oil or gas-bearing strata in a well have been shot, thereby creating cavities which cannot readily be filled in the manner above described, the well operator shall follow either of the following methods:
20.3.a.1. Should the stratum which has been shot be the lowest one in the well, there shall be placed, at the nearest suitable point, but not less than twenty feet (20) above the stratum, a plug of cement or other suitable material which will completely seal the hole. However, in the event that the shooting has been done above one or more oil or gas-bearing strata in the well, plugging in the manner specified shall be done at the nearest suitable point, but not less than twenty feet (20) below and above the stratum shot; or
20.3.a.2. When the cavity is in the lowest oil or gas-bearing stratum in the well, a liner shall be placed which shall extend from below the stratum to a suitable point, but not less than twenty feet (20) above the stratum in which shooting has been done. In the event, however, that the shooting has been done above one or more oil or gas-bearing strata in the well, the liner shall be so placed that it will extend not less than twenty feet (20) above or less than twenty feet (20) below the stratum in which shooting has been done. Following the placing of the liner in the manner here specified it shall be compactly filled with cement, mud, clay or other nonporous sealing material.
20.3.b. Where the well penetrates one or more workable coal beds and a coal protection string of casing has been circulated and cemented into the surface, the well shall be filled and securely plugged in the manner provided in subdivision 20.3.a. of this rule, except that expanding cement shall be used instead of regular hydraulic cement, to a point approximately one hundred feet (100) below the bottom of the coal protection string of casing. A one hundred foot (100) plug of expanding cement shall then be placed in the well so that the top of the plug is located at a point just below the coal protection string of casing. After the plug has been securely placed in the well, the coal protection string of casing shall be emptied of liquid from the surface to a point one hundred feet (100) below the lowest workable coal bed or to the bottom of the coal protection string of casing, whichever is shallower. A vent or other device approved by the Chief shall then be installed on the top of the coal protection string of casing in a manner that will prevent liquids and solids from entering the well, but will permit ready access to the full internal diameter of the coal protection string of casing when required. The coal protection string of casing and the vent or other device approved by the Chief shall extend, when finally in place, a distance of not less than thirty inches (30) above ground level and shall be permanently marked with the API well number assigned by the Chief;
20.3.c. Where the well penetrates one or more workable coal beds and a coal protection string of casing has not been circulated and cemented in to the surface, the well shall be filled and securely plugged in the manner provided in subdivision 20.3.a. of this rule to a point fifty feet (50) below the lowest workable coal bed. Thereafter, a plug of cement shall be placed in the well at a point not less than forty feet (40) below the lowest workable coal bed. After the cement plug has been securely placed in the well, the well shall be filled with cement to a point twenty feet (20) above the lowest workable coal bed. From this point the well shall be filled with mud, clay or other nonporous material to a point forty feet (40) beneath the next overlying workable coal bed, if applicable and the well shall then be filled with cement from this point to a point twenty feet (20) above the workable coal bed. This method shall be followed for any other workable coal beds penetrated by the well. After the filling and plugging of the well to a point above the highest workable coal bed, filling and plugging of the well shall continue in the manner provided in subdivision 20.3.a. of this rule to a point fifty feet (50) below the surface, and a plug of cement shall be installed from the point fifty feet (50) below the surface to the surface with a monument installed therein extending thirty inches (30) above ground level;
20.3.d. Where the well penetrates one or more workable coal beds and a coal protection string of casing has not been circulated and cemented in to the surface, a coal operator or coal seam owner may request that the well be plugged in the manner provided in paragraph 20.3.d.2 of this rule rather than by the method provided in subdivision 20.3.c. above. The request shall be made on forms prescribed by the Chief, and submitted to the Chief prior to the scheduled plugging of the well. At the time the request is submitted to the Chief, a copy of the request must also be mailed by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the well operator named in the request.
20.3.d.1. Upon receipt of the request, the Chief shall issue an order staying the plugging of the well and shall promptly determine the costs of plugging the well both in the manner provided in paragraph 20.3.d.2 of this rule and in the manner provided in subdivision 20.3.c. of this rule. In making this determination, the Chief shall take into consideration any agreement previously made between the well operator and the coal operator or coal seam owner making the request. 20.3.d.1.A . If the Chief determines that the cost of plugging the well in the manner provided in subdivision 20.3.c. of this rule exceeds the cost of plugging the well in the manner provided in paragraph 20.3.d.2. of this rule, the Chief shall grant the request of the coal operator or owner and shall issue an order requiring the well operator to plug the well in the manner provided in paragraph 20.3.d.2. of this rule.
20.3.d.1.B. If the Chief determines that the cost of plugging the well in the manner provided in subdivision 20.3.c. of this rule is less than the cost of plugging the well in the manner provided in paragraph 20.3.d.2. of this rule, the Chief shall request payment into escrow of the difference between the determined costs by the coal operator or coal seam owner making the request. Upon receipt of satisfactory notice of the payment, or upon receipt of notice that the well operator has waived the payment, the Secretary shall grant the request of the coal operator or coal seam owner and shall issue an order requiring the well operator to plug the well in the manner provided in paragraph 20.3.d.2 of this rule. If satisfactory notice of either payment into escrow or waiver of the payment is not received by the Chief within fifteen (15) days after the request for payment into escrow, the Chief shall issue an order permitting the plugging of the well in the manner provided in subdivision 20.3.c. of this rule. Copies of all orders issued by the Chief shall be sent by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the coal operator or coal seam owner making the request and to the well operator. When the escrow agent has received certification from the Chief of the satisfactory completion of the plugging work and the reimbursable extra cost thereof (that is, the difference between the Chiefs determination of plugging cost in the manner provided in subdivision 20.3.c. of this rule and the well operator's actual plugging cost in the manner provided in paragraph 20.3.d.2 of this rule), the escrow agent shall pay the reimbursable sum to the well operator or the well operator's designee from the payment into escrow to the extent available. The amount by which the payment into escrow exceeds the reimbursable sum plus the escrow agent's fee, if any, shall be repaid to the coal owner. If the amount paid to the well operator or the well operator's designee is less than the actual reimbursable sum, the escrow agent shall inform the coal owner, who shall pay the deficiency to the well operator or the well operator's designee within thirty (30) days. If the coal operator breaches this duty to pay the deficiency, the well operator shall have a right of action and be entitled to recover damages as if for wrongful conversion of personalty, and reasonable attorney fees.
20.3.d.2. Where a request of a coal operator or coal seam owner filed pursuant to subdivision 20.3.d. has been granted by the Chief, the well shall be plugged in the manner provided in subdivision 20.3.a. of this rule, except that expanding cement shall be used instead of regular hydraulic cement, to a point approximately two hundred feet (200) below the lowest workable coal bed. A one hundred foot (100) plug of expanding cement shall then be placed in the well beginning at the point approximately two hundred feet (200) below the lowest workable coal bed and extending to a point approximately one hundred feet (100) below the lowest workable coal bed. A string of casing with an outside diameter no less than four and one-half inches (4½) shall then be run into the well to a point approximately one hundred feet (100) below the lowest workable coal bed, and the string of casing shall be circulated and cemented in to the surface. The casing shall then be emptied of liquid from a point approximately one hundred feet (100) below the lowest workable coal bed to the surface, and a vent or other device approved by the Chief shall be installed on the top of the string of casing in a manner that will prevent liquids and solids from entering the well, but will permit ready access to the full internal diameter of the coal protection string of casing when required. The string of casing and the vent or other device approved by the Chief shall extend, when finally in place, a distance of no less than thirty inches (30) above ground level and shall be permanently marked with the API well number assigned by the Chief. Notwithstanding the foregoing provisions of this paragraph, if under particular circumstances a different method of plugging is required to obtain the approval of another governmental agency for the safe mining through of the well, the Chief may approve a different method of plugging if he or she finds the same to be as safe for mining through and otherwise adequate to prevent gas or other fluid migration from the oil and gas reservoirs as the method above specified.
20.3.e. Any person may apply to the Chief for an order to clean out and replug a previously plugged well in a manner which will permit the safe mining through of the well. The application shall be filed with the Chief and shall contain the API well number, a general description of the well location, the name and address of the owner of the surface land upon which the well is located, a copy of or record reference to a deed, lease or other document which entitles the applicant to enter upon the surface land, a description of the methods by which the well was previously plugged, and a description of the method by which the applicant proposes to clean out and replug the well. At the time an application is filed with the Chief, a copy shall be mailed by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the owner or owners of the land, and the oil and gas lessee of record, if any, of the site upon which the well is located. If no objection to the replugging of the well is filed by the landowner or oil and gas lessee within thirty (30) days after the filing of the application, and if the Chief determines that the method proposed for replugging the well will permit the safe mining through of the well, the Chief shall grant the application by an order authorizing the replugging of the well. The order shall specify the method by which the well shall be replugged, and copies the order shall be mailed by certified or registered mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the applicant and to the owner or owners of the land, and the oil and gas lessee, if any, of the site upon which the well is located. If the landowner or oil and gas lessee objects to the replugging of the well, the Chief shall notify the applicant of the objection. Thereafter, the Chief shall schedule a hearing to consider the objection, which hearing shall be held after notice by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the objectors and the applicant. After consideration of the evidence presented at the hearing, the Chief shall issue an order authorizing the replugging of the well if he or she determines that replugging of the well will permit the safe mining through of the well. The order shall specify the manner in which the well shall be replugged, and copies thereof shall be sent by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail) to the applicant and objectors. The Chief shall issue an order rejecting the application if the he or she determines that the proposed method for replugging the well will not permit the safe mining through of the well;
20.3.f. All persons adversely affected by a determination or order of the Chief issued pursuant to the provisions of this section is entitled to judicial review in accordance with the provisions of the Administrative Procedures Act, W. Va. Code § 29A-5-1, et seq.
This Rule in no way abrogates the statutory requirement that water withdrawals in excess of three hundred thousand (300,000) gallons per calendar month be registered with the Division of Water and Waste Management. See, W. Va. Code § 22-26-1, et seq.
This Rule in no way abrogates the statutory requirement that water withdrawals in excess of three hundred thousand (300,000) gallons per calendar month be registered with the Division of Water and Waste Management. See, W. Va. Code § 22-26-1, et seq.
35CSR8
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