West Virginia Code 22-11B-5 – Public participation in permit process, notices, public hearing
(a) Public notice of an application for a permit required under this article shall allow at least 30 days for public comment. The secretary shall specify the required contents of the public notice.
Terms Used In West Virginia Code 22-11B-5
- Commission: means the Oil and Gas Conservation Commission established pursuant to §. See West Virginia Code 22-11B-2
- Permit: means a Class VI underground injection control permit issued by the secretary or by the US EPA, authorizing a person or business entity to drill an injection well and to construct and operate a carbon dioxide sequestration facility. See West Virginia Code 22-11B-2
- Pore space: means a cavity or void, whether naturally or artificially created, in a subsurface stratum and is also known as container space or storage rights. See West Virginia Code 22-11B-2
- Reservoir: means a subsurface stratum, formation, aquifer, cavity, or void, whether naturally or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for, or capable of being made suitable for, injecting and storing carbon dioxide. See West Virginia Code 22-11B-2
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11B-2
- Storage reservoir: means a reservoir proposed, authorized, or used for storing carbon dioxide. See West Virginia Code 22-11B-2
(b) The secretary shall send the public notice to the applicant, who shall be responsible for publication of a Class 1 legal advertisement of the notice by a date and in a paper specified by the secretary. Upon publication, the applicant shall send the secretary a copy of the certificate of publication. The costs of publication shall be borne by the applicant.
(c) Notice of an application for a permit shall be served to each mineral lessee, mineral owner, and pore space owner with a legal interest that involves the storage reservoir.
(d) Notice of an application for a permit shall be served to each surface owner of land overlying the storage reservoir.
(e) Notice of an application for a permit shall be served to any additional persons that the secretary requires.
(f) Service of individual notices required by this section shall be through personal service, by registered mail, or by any method of delivery that requires a receipt or signature confirmation.
(g) The secretary and/or the commission shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest of issues relevant to the draft permit. The secretary and/or the commission may also hold a public hearing at his or her discretion if a hearing may assist in clarifying one or more issues involved in the permit decision. Should a public hearing be held, notice of the hearing shall be provided in the same manner as set forth above with respect to public notice of the preparation of a draft permit.