H. B. 4657

(By Delegates Cann, Angotti,
Beane, Varner and Frederick)

[Introduced February 22, 2002; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section twenty-three, article six, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the plugging of oil and gas wells; and designating the plats required to be filed prior to commencing plugging operations.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article six, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.

§22-6-23. Plugging, abandonment and reclamation of well; notice of intention; bonds; affidavit showing time and manner.

All dry or abandoned wells or wells presumed to be abandoned under the provisions of section nineteen of this article shall be plugged and reclaimed in accordance with this section and the other provisions of this article and in accordance with the rules promulgated by the director.
Prior to the commencement of plugging operations and the abandonment of any well, the well operator shall either: (a) Notify, by registered or certified mail, the director 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 section twelve of this article, and the coal operators to whom notices are required to be given by section thirteen of this article, of its intention to plug and abandon any such well (using such form of notice as the director may provide), giving the 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 days after the day on which such notice so mailed is received or in due course should be received by the director, in order that a representative or representatives of the director and such coal operator, owner or lessee, if any, may be present at the plugging and filling of the well: Provided, That whether such 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; or (b) first obtain the written approval of the director and such coal operator, owner or lessee, if any, or (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 director, first obtain the verbal permission of the director or the director's designated representative to plug and abandon such well, except that the well operator shall, within a reasonable period not to exceed five days after the commencement of such plugging operations, give the written notices required by subdivision (a) above.
The well operator shall not be required to prepare or submit to the director a plat prior to the commencement of plugging operations, as long as a plat pertaining to the particular well was submitted to the director under section twelve or section fourteen of this article.
No well may be plugged or abandoned unless prior to the commencement of plugging operations and the abandonment of any well the director is furnished a bond as provided in section twenty-six of this article.
When the plugging, filling and reclamation of a well have been completed, an affidavit, in triplicate, shall be made (on a form to be furnished by the director) by two experienced persons who participated in the work, the director or the director's designated representative, in which affidavit shall be 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 director.