West Virginia Code 22-10-6 – Establishment of priorities for plugging expenditures
(a) The director shall promulgate legislative rules establishing a priority system by which available funds from the Oil and Gas Reclamation Fund, established pursuant to § 22-6-29 of this code, will be expended to plug abandoned wells. The rules shall, at a minimum, establish three primary classifications to be as follows:
Terms Used In West Virginia Code 22-10-6
- Abandoned well: means any well which is required to be plugged under the provisions of section nineteen, article six of this chapter and rules promulgated pursuant thereto. See West Virginia Code 22-10-3
- Director: means for the purpose of this article, the director of the Division of Environmental Protection as established in article one of this chapter or such other person to whom the director may delegate authority or duties pursuant to sections six or eight, article one of this chapter. See West Virginia Code 22-10-3
- 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
(1) Wells which are an immediate threat to the environment or which may hinder or impede the development of mineral resources of this state so as to require immediate plugging;
(2) 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 available resources; and
(3) 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 for an indefinite period.
(b) The classifications shall, among other things, take into consideration the following factors, as appropriate:
(1) The age of the well;
(2) The length of time the well has been abandoned;
(3) The casing remaining in the well;
(4) The presence of any leaks either at the surface or underground;
(5) The possibility or existence of groundwater contamination;
(6) Whether the well is located in an area to be developed for enhanced recovery;
(7) Whether the well hinders or impedes mineral development; and
(8) Whether the well is located in close proximity to population.
(c) Notwithstanding the other provisions of this section, the bond posted for the well shall first be used to plug the well and mitigate environmental issues related to oil and gas development on the land where the well is located if:
(1) The bond is forfeited as a result of failure to plug the abandoned well, repair the well that is causing immediate threat to the environment, or which hinders or impedes the development of mineral resources of this state; or
(2) The well operator was cited for and then failed to correct an immediate threat to the environment or hinderance or impediment to the development of mineral resources of this state; or
(3) The operator failed to reclaim the surface disturbance causing immediate threat to the environment or which hinders or impedes the development of mineral resources of this state.