West Virginia Code 22-21-22 – Notice of plugging and reclamation of well; right to take well; objection; plugging order; plugging for mine-through
(a) Prior to the commencement of plugging operations the operator shall give thirty days' advance notice to the chief and to all coal owners and operators whose names and addresses would be required for a permit application under subdivision (2), subsection (b), section six of this article as of the date of the notice. Such notice shall set out the number and other identification of the well, a copy of the well plat, the date plugging will commence, and the manner and method of plugging.
Terms Used In West Virginia Code 22-21-22
- Chief: means the chief of the office of oil and gas of the Division of Environmental Protection provided for in section eight, article one of this chapter. See West Virginia Code 22-21-2
- Coal operator: means any person who proposes to or does operate a coal mine. See West Virginia Code 22-21-2
- Coal owner: means any person who owns or leases a coal seam. See West Virginia Code 22-21-2
- coal seam: means a seam of coal, whether workable or unworkable, and the noncoal roof and floor of said seam of coal. See West Virginia Code 22-21-2
- Coalbed methane: means gas which can be produced from a coal seam, the rock or other strata in communication with a coal seam, a mined-out area or a gob well. See West Virginia Code 22-21-2
- well: shall mean a coalbed methane well unless the context indicates otherwise. See West Virginia Code 22-21-2
- well operator: means any person who has the right to operate or does operate a coalbed methane well. See West Virginia Code 22-21-2
(b) Any coal owner or operator whose coal seam is affected by such well shall have the following rights:
(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; and
(2) To file comment or objection with the chief, within fifteen days after receipt of notice 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.
(c) Whenever any coalbed methane well is located in that portion of a coal seam which will be mined within six months, the well operator shall, within sixty days after notice from the coal owner or coal operator that the well is to be mined through, plug the well in such manner that the well can be safely mined through.