Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-6-6 - Priority of Expenditures from the Oil and Gas Reclamation Fund6.1. General Requirements. 6.1.a. The chief shall maintain a census of abandoned wells. The census shall be based upon the best information available to the chief. Such information may be gathered through and may include studies undertaken to maintain the census, knowledge of the oil and gas inspectors, investigations resulting from citizen's complaints, whether an operator exists, whether financial responsibility exists to plug the abandoned well, or other such information as may be available.6.1.b. As often as practicable, but at least once every five years, the Office of Oil and Gas shall publish a list of abandoned wells. This requirement may be met by the publication of the notice required by subsection 3.2 of this rule.6.1.c. The chief is authorized to expend funds from the Oil and Gas Reclamation Fund in accordance with the procedures in W. Va. Code '22-6-29, and the rules promulgated thereunder. The chief shall expend funds first for wells in Classification One, second for wells in Classification Two, and third, for wells in Classification Three. The chief shall expend funds within a classification in the order defined in that classification.6.2. Priority classification procedure.6.2.a. All abandoned wells identified by the census of abandoned wells and which do not have an operator or not in compliance with the financial responsibility requirements or do not have an independent source of funding, shall be placed into Classification Two unless the chief otherwise places the abandoned well(s) into either Classification Three or Classification One.6.2.b. Any abandoned well in Classification One, Classification Two, or Classification Three may be plugged by an interested party or by the chief of the Office of Oil and Gas. In the event that an interested party desires to plug a well which is included in Classification One, and the interested party has demonstrated to the satisfaction of the chief that the interested party does not have sufficient funds with which to plug the well, the chief shall have the discretion to expend funds from the Oil and Gas Reclamation Fund to partially assist in the plugging.6.3. Classifications.6.3.a. Classification One. Abandoned wells in Classification One shall be those that pose an immediate threat to human health, safety, or the environment, or are such an impediment to the development of mineral resources as to require immediate plugging. Wells which pose an immediate threat to human health, safety, or the environment shall take priority over those wells which impede the development of mineral resources.6.3.b. Classification Two.6.3.b.1. Abandoned wells in Classification Two are those abandoned 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 funds in the oil and gas reclamation fund, and such other resources as may be available to the chief.6.3.b.2. Abandoned wells in Classification Two will include all abandoned wells identified by the abandoned well census and not otherwise placed by the chief into Classification One or Classification Three.6.3.c. Classification Three. Abandoned wells in Classification Three will include all abandoned 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.