West Virginia Code 22-21-12 – Review of application; issuance of permit in the absence of objections; copy of permits to county assessor
The chief shall review each application for a permit and shall determine whether or not a permit shall be issued.
Terms Used In West Virginia Code 22-21-12
- 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
- Office: means office of oil and gas provided for in section seven, article one of this chapter. See West Virginia Code 22-21-2
- Person: means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary, other representative of any kind, any recognized legal entity, or political subdivision or agency thereof. 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
No permit shall be issued less than fifteen days after the filing date of the application for any well work except plugging or replugging; and no permit for plugging or replugging shall be issued less than five days after the filing date of the application except a permit for plugging or replugging a dry hole: Provided, That if the applicant certifies that all persons entitled to notice of the application under the provisions of this article have been served in person or by certified mail, return receipt requested, with a copy of the permit application, including the erosion and sediment control plan, if required, and the plat required by section six of this article, and further files written statements of no objection by all such persons, the chief may issue the permit at any time.
The chief may cause such inspections to be made of the proposed location as to assure adequate review of the application. The permit shall not be issued, or shall be conditioned, including conditions with respect to the location of the well and access roads, prior to issuance if the chief determines that:
(1) The proposed well work will constitute a hazard to the safety of persons; or
(2) The plan for soil erosion and sediment control is not adequate or effective; or
(3) Damage would occur to publicly owned lands or resources; or
(4) The proposed well work fails to protect fresh water sources or supplies. Upon the issuance of any permit pursuant to the provisions of this article, the chief shall transmit a copy of such permit to the office of the assessor for the county in which the well is located.