Current through Register Vol. XLI, No. 50, December 13, 2024
Section 35-5-5 - Inactive Status5.1. Upon submittal of a completed Designation of Bona Fide Future Use to the chief, any permitted well which satisfies the following requirements shall be deemed to be in inactive status:5.1.a. The condition of the well is sufficient to prevent waste of oil or gas;5.1.b. The condition of the well is sufficient to prevent pollution of waters of the state; and5.1.c. The operator satisfies the bonding requirements of W. Va. Code '22-6-1 et seq.5.2. The chief shall determine whether sufficient data and information have been provided to make a determination that the well has a bona fide future use and is properly deemed in inactive status.5.3. The chief may require the operator of any well in inactive status to monitor the mechanical integrity of such well, and to require the operator to submit reports on the integrity of the well to the chief.5.4. The inactive status of any well with a designation of bona fide future use shall be valid for the time period requested by the operator, not to exceed five (5) years from the date of filing with the chief, unless inactive status is revoked pursuant to subsection 5.5 of this rule, or unless the operator elects to extend the inactive status period pursuant to the provisions of subsection 3.3 of this rule.5.5. The chief may revoke the inactive status of any well upon a finding that: 5.5.a. The operator has failed to comply with the provisions of W. Va. Code '22-6-1 et seq;5.5.b. The operator has failed to comply with the provisions of this rule;5.5.c. The well does not satisfy the requirements of this rule; or5.5.d. The well does not have a bona fide future use.5.6. Any well that is not in active or inactive status shall be deemed abandoned and shall be promptly plugged by the operator.