22-9-1 Definitions
22-9-2 Filing of maps and data by persons operating or proposing to operate gas storage reservoirs
22-9-3 Filing of maps and data by persons operating coal mines
22-9-4 Notice by persons operating coal mines
22-9-5 Obligations to be performed by persons operating storage reservoirs
22-9-6 Inspection of facilities and records; reliance on maps; burden of proof
22-9-7 Exemptions
22-9-8 Alternative method
22-9-9 Powers and duties of director
22-9-10 Conferences, hearings and appeals
22-9-11 Enforcement
22-9-12 Penalties
22-9-13 Orders remain in effect

Terms Used In West Virginia Code > Chapter 22 > Article 9

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • coal mine: means those operations in a coal seam which include the excavated and abandoned portions as well as the places actually being worked. See West Virginia Code 22-9-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the Secretary of the Department of Environmental Protection or his or her designee. See West Virginia Code 22-1-2
  • Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • gas: means any gaseous substance. See West Virginia Code 22-9-1
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • inactivate: means to shut off all flow of gas from a well by means of a temporary plug, or other suitable device or by injecting aquagel or other such equally nonporous material into the well. See West Virginia Code 22-9-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • judgment: includes decrees and orders for the payment of money or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • operating coal mine: means : (a) A coal mine which is producing coal or has been in production of coal at any time during the twelve months immediately preceding the date its status is put in question under this article and any worked out or abandoned coal mine connected underground with or contiguous to such operating coal mine as herein defined. See West Virginia Code 22-9-1
  • outside coal boundaries: when used in conjunction with the term "operating coal mine" means the boundaries of the coal acreage assigned to such coal mine and which can be practicably and reasonably expected to be mined through such coal mine. See West Virginia Code 22-9-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means any individual, association, partnership or corporation. See West Virginia Code 22-9-1
  • pillar: means a solid block of coal surrounded by either active mine workings or a mined out area. See West Virginia Code 22-9-1
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • reservoir protective area: means all of that area outside of and surrounding the storage reservoir boundary but within two thousand linear feet thereof. See West Virginia Code 22-9-1
  • retreat mining: means the removal of such coal, pillars, ribs and stumps as remain after the development mining has been completed in that section of a coal mine. See West Virginia Code 22-9-1
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • storage operator: means any person as herein defined who proposes to or does operate a storage reservoir, either as owner or lessee. See West Virginia Code 22-9-1
  • storage reservoir: means that portion of any subterranean sand or rock stratum or strata into which gas is or may be injected for the purpose of storage or for the purpose of testing whether said stratum is suitable for storage. See West Virginia Code 22-9-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • well: means a borehole drilled or proposed to be drilled within the storage reservoir boundary or reservoir protective area for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid but excluding boreholes drilled to produce potable water to be used as such. See West Virginia Code 22-9-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.