Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-4-2 - DefinitionsUnless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code §§ 22-1-2 and 22-6-1 shall apply to this rule in addition to those definitions set forth below:
2.1. "W. Va. Code" shall mean the West Virginia Code of 1931, as amended.2.2. "Barrel" shall mean forty-two (42) U.S. gallons of two hundred thirty-one (231) cubic inches each of liquid, including slurries, at a temperature of sixty (60) degrees Fahrenheit.2.3. "Chief" shall mean Chief of the Office of Oil and Gas as designated by the Secretary of the Department of Environmental Protection.2.4. "Coal permit" shall mean a valid current surface mining permit issued by the Department of Environmental Protection.2.5. "Coal permit holder" shall mean the party that is registered with the West Virginia Office of Miners' Health, Safety, and Training as the operator of that permit. The "coal permit holder" may also be known or referred to as the "coal mine operator."2.6. "Completion of the drilling process," as used in W. Va. Code § 22-6-30, shall mean the date on which a drilling rig ceases operation on the drilling site for more than thirty (30) consecutive days.2.7. "Cubic foot of gas" shall mean the volume of gas contained in one (1) cubic foot of space at a standard pressure base and a standard temperature base. The standard pressure base shall be fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia), and the standard temperature base shall be sixty (60) degrees Fahrenheit.2.8. "Day" shall mean a period of twenty-four (24) consecutive hours.2.9. "Designated agent" shall mean a resident of the State of West Virginia designated by an operator as the agent or attorney in fact of the operator upon whom process, notices, orders, or other communications issued pursuant to W. Va. Code §22-6 may be served. See section 10.3 below. 2.10. "Designated mining area" shall mean an area of real property subject to a coal permit, further depicted or described in the Notice of Designated Mining Area, where excavation work will be conducted within the succeeding twelve (12) months.2.11. "Excavation work" shall mean work where vegetation, timber, topsoil or overburden will be moved, removed or placed by surface mining operations and shall include surface impacts incident to underground coal mine operations.2.12. "Gas-oil ratio test" shall mean a test, by any means generally accepted in the industry, to determine the number of cubic feet of gas produced per barrel of oil produced.2.13. "Gas well" shall mean any well which produces or appears capable of producing a ratio of six thousand (6,000) cubic feet of gas or more to each one (1) barrel of oil on the basis of the initial gas-oil ratio test.2.14 "Impoundment" shall mean a man-made excavation or diked area for the retention of fresh water and into which no wastes of any kind are placed. 2.15. "Initial gas-oil ratio test" shall mean the gas-oil ratio test performed for the purpose of completing Form IV-36, "Well Operator's Report of Initial Gas-Oil Ratio Test," to designate the type of well.2.16. "Log" or "well log" shall mean a systematic, detailed geological record of all formations, including coal, fresh water, and salt water encountered in the drilling of a well.2.17. "Natural gas pipeline" shall mean a pipeline, other than an interstate or utility pipeline, that is used to transport natural gas.2.18. "Notice of Designated Mining Area" shall mean a written notice from a coal permit holder that contains the following information: (i) A copy of the mine plan permit maps previously submitted to the Department of Environmental Protection in connection with the permit, currently pursuant to W. Va. Code § 22-3-9(12) and 38 CSR 2 §3.4, with a discernable boundary identifying the designated mining area where excavation work will be conducted within the following twelve (12) month period.; and (ii) The general location of all oil and gas wells and pipelines known to the coal mining permit holder or operator or identified in the coal permitting process, together with any GPS or other survey information in the possession of the coal permit holder that identifies the location of any natural gas pipelines in the designated mining area; and (iii) The office telephone number and mailing address for the mine where the work will occur and identification of the location of any staffed guard gate or entrance.2.19. "Oil well" shall mean any well which produces or appears capable of producing a ratio of less than six thousand (6,000) cubic feet of gas to each one (1) barrel of oil on the basis of the initial gas-oil ratio test.2.20. "Pit" shall mean a man-made excavation or diked area that contains or is intended to contain an accumulation of process waste fluids, drill cuttings, and/or any other liquid substance that could impact surface water or groundwater.2.21. "Surface owner of record" and "owner of record of the surface" as used in W. Va. Code § 22-6-9 shall mean any person who is an owner of record of surface land or an undivided interest therein, whether or not the surface ownership is severed from the oil and gas or other mineral ownership.2.22. "Underground storage well" shall mean a gas well subject to the provisions of W. Va. Code § 22-9-1, et seq.2.23. "Use" for the purpose of W. Va. Code § 22-6-19 shall have the same meaning as "Active Status" is defined in 35 CSR 5, which is "any well producing oil or gas in commercial quantities, or being operated pursuant to underground injection control permits, or being operated in conjunction with the underground storage of hydrocarbons."