Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-8-19 - Plugging, Abandonment, and Reclamation19.1. Notice and Application to Plug and Abandon; Time of Filing. -- Prior to the commencement of plugging operations and the abandonment of any well, the well operator shall: 19.1.a. Notify, by registered or certified mail or any form of correspondence that evidences receipt (i.e. facsimile or electronic mail), the Chief and the coal operator operating coal seams, the coal seam owner of record or lessee of record, if any, to whom notices are required to be given by W. Va. Code § 22-6A-10, of its intention to plug and abandon the well(s) (using the form of notice provided by the Chief), giving the API number of the well and its location, and fixing the time at which the work of plugging and filling will be commenced, which time shall be not less than five (5) days after the day on which the notice so transmitted is received by the Chief, in order that a representative or representatives of the Chief and the coal operator, owner or lessee, if any, may be present at the plugging and filling of the well: Provided, That whether the representatives appear or do not appear, the well operator may proceed at the time fixed to plug and fill the well in the manner hereinafter described;19.1.b. First obtain the written approval of the Chief and the coal operator, owner or lessee, if any; or19.1.c. In the event the well to be plugged and abandoned is one on which drilling or reworking operations have been continuously progressing pursuant to authorization granted by the Chief, first obtain the verbal permission of the Chief or the Chief's designated representative to plug and abandon the well, except that the well operator shall, within a reasonable period not to exceed five (5) days after the commencement of the plugging operations, give the written notices required by W. Va. Code § 22-6A-10.19.1.d. The Notice of Intention to Plug and Abandon a Well required by W. Va. Code § 22-6A-10 shall conform to subdivision 5.1.c. of this rule.19.1.e. The well operator shall also submit copies of all logs in its possession upon specific request by the Chief, pursuant to W. Va. Code § 22-6A-7(b)(10).19.1.f. The well operator shall not be required to prepare or submit to the Chief a plat prior to the commencement of plugging operations as long as a plat pertaining to the particular well is on file with the Office and accurately identifies the location of the well, or so long as there is also on file with the Office the coordinates of the well established by a global positioning system (GPS). The coordinates established by a GPS must be filed with the Office in either a written or electronic form prescribed by the Chief. The GPS used to establish the coordinates shall be accurate within the variance allowed by law for the distance between the actual location of the well and location shown on the plat that is required to be filed with a well work permit application,.19.1.g. No well may be plugged or abandoned unless, prior to the commencement of activities associated with those operations, the operator furnishes a bond to the Chief as provided in W. Va. Code § 22-6A-15. In no event prior to the commencement of plugging operations shall a lessee under a lease covering a well be required to give or sell the well to any person owning an interest in the well, including, but not limited to, the respective lessor or agent of the lessor, nor may the lessee be required to grant a person with an interest in the well, including, but not limited to, the respective lessor or agent of the lessor an opportunity to qualify to continue operation of the well in accordance with W. Va. Code § 22-6A-15.19.2. In all cases, completed Forms WW-4(A) and WW-4(B) shall be filed with the Office and parties required to be noticed in the manner and within the time limits set out in W. Va. Code § 22-6A-10.19.3. All dry or abandoned wells or wells presumed to be abandoned under the provisions of section W. Va. Code § 22-6-19 shall be plugged and reclaimed in accordance with the provisions of W. Va. Code § 22-6A-14 and this rule. The owner or operator of every well presumed to have been abandoned under the provisions of W. Va. Code § 22-6-19 shall file Form WW-4 within sixty (60) days after abandonment, unless the Chief waives this requirement upon request of the operator and for good cause shown.19.4. Work Order; Manner and Method of Plugging.19.4.a. An applicant for a permit to plug a well shall set forth the information required by Form WW-4(B), "Application to Plug and Abandon a Well", and a detailed statement of the manner in which the work of plugging and filling the well is to be performed, including: 19.4.a.1. Location (by depth);19.4.a.2. Kind and length of plugs to be used and the method chosen to insure that no gap exists between the bottom of the coal protection string of casing and the expanding cement plug thereunder;19.4.a.3. Plans for mudding, cementing, and filling;19.4.a.4. Plans for testing and for shooting and removing casing; and19.4.b. Any well operator proposing to plug or to clean out and replug a well in the manner specified in subdivision 20.3.c. of this rule shall furnish the alternate cost estimates for performing the well work in the manner specified in paragraph 20.3.d.2. of this rule only in the event a coal operator, owner or lessee has filed a Form OB-16, "Request by Coal Operator, Owner or Lessee for Plugging Under W. Va. Code § 22-6-24(d) or 35 CSR 8 § 20.3.d. "19.5. Length of Plug -- All cement plugs, other than those across coal seams, shall be at least one hundred feet (100') in length unless a variance from such a requirement is granted pursuant to section 14 above.19.6. Retrieving Casing and Completing a Seal -- The operator shall make reasonable efforts to cut and pull all recoverable casing as determined by methods approved by the Chief or the Chief's authorized representative. Equipment used to pull recoverable casing shall be rated and rigged at or above one hundred fifty percent (150%) of the estimated weight of the heaviest string of recoverable casing, unless otherwise approved by the Chief or the Chief's authorized representative. Sufficient instrumentation shall be utilized to accurately indicate the pulling force applied. When casing cannot be pulled, the operator shall make reasonable attempts to perforate the pipe and squeeze cement behind the pipe in the vicinity of the freshwater zones to prevent the contamination of the fresh water zone.19.7. Verbal Permission to Plug. 19.7.a. Verbal permission may be given in the event the well to be plugged and abandoned is one on which drilling or working operations have been continuously progressing pursuant to authorization granted by the Chief. Any verbal permission shall be given by the Chief, the supervising inspector or any inspector who is available to supervise the plugging work. Unless verbal approval is given by the Chief, the well operator shall notify the Office by telephone of the verbal approval given by the supervising inspector or the inspector no later than the next regular working day.19.7.b. Unless the well operator proposes to plug the well in a manner allowed by paragraph 20.3.d.2. of this rule, the well operator shall contact the coal operator or the coal owner or lessee who has filed a declaration pursuant to W. Va. Code § 22-6-36, so as to provide the coal owner, operator or lessee the best opportunity to make a plugging request in accordance with subdivision 19.4.b of this rule.19.8. Objections to Proposed Plugging -- Objections to the proposed plugging of a well, whether by the Office or by any affected person, shall not be made except for violation or impending violation of any provision of this rule. The Chief shall promptly rule on such objections at a hearing to be held after providing no less than five (5) days' notice to the applicant and objectors.19.9. Plugging Method Request by Coal Operator or Coal Seam Owner: 19.9.a. The request by a coal operator or coal seam owner made pursuant to subdivision 20.3.d. of this rule for a well to be plugged in any manner allowed by paragraph 20.3.d.2. of this rule rather than by the method provided in subdivision 20.3.c. of this rule shall be made on Form OB-16, "Request by Coal Operator, Owner or Lessee for Plugging Under W. Va. Code § 22-6-24(d) or 35 CSR 8 § 20.3.d."19.9.b. The well operator or owner in his sole discretion may waive the provision in subdivision 20.3.d. of this rule that such request "must be filed in writing with the Office prior to the scheduled plugging of the well." In the event of such waiver, the cost of undoing any part of the plugging work in order to comply with the coal operator's or coal seam owner's request shall be treated as a part of the cost of complying.19.9.c. The Office shall make findings and issue an order in accordance with paragraph 20.3.d.2. of this rule by endorsement on or attachment to Form WW-4.19.10. Statutory Affidavit -- When the plugging, filling, and reclamation of a well have been completed, an affidavit, in triplicate, shall be made on a form prescribed by the Chief by two experienced persons who participated in the work (whether they are employees of the well owner or operator, a service company or a plugging contractor) and the Chief or his or her designated representative. The affidavit shall set forth the time and manner in which the well was plugged and filled and the land reclaimed. One copy of this affidavit shall be retained by the well operator, another (or true copies of same) shall be mailed to the coal operator or operators, if any, and the third to the Chief. The affidavit shall be made on Form WR-38, "Affidavit of Filling Well."