(a) Any person who fails to plug an abandoned well within thirty days, or upon a showing of good cause, within a longer period as determined by the director not to exceed one hundred eighty days, from the date such plugging is ordered by the director, shall be liable for a civil penalty of $25,000 which penalty shall be recovered in a civil action in the circuit court wherein the abandoned well is located.

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Terms Used In West Virginia Code 22-10-9

  • 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

(b) The net proceeds of all civil penalties collected pursuant to subsection (a) of this section shall be deposited into the oil and gas reclamation fund established pursuant to section twenty-nine, article six of this chapter.