W. Va. Code R. § 38-18-13
Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-18-13 - Plugging, Abandonment and Reclamation13.1 Notice and Application to Plug and Abandon; Time of Filing - 13.1.1.1. The Notice of Intention to Plug and Abandon a Well required by W.Va. Code § 22B-1-23 shall conform to Section 5.2.4.13.1.1.2. The well operator shall also submit copies of all logs in his possession upon specific request by the Chief pursuant to W.Va. Code § 22B-1-6(c)(10)(ii).13.1.2. Completed Forms WW4(A) and WW-4(B) shall in all cases be filed with the Office and delivered to the coal operator, owner or lessee in the manner and within the time, limits set out in subsections (a), (b), and (c) of W. Va. Code § 22B-1-23 for "notices" referred to therein.13.1.3. The owner or operator of every well presumed to have been abandoned under the provisions of W.Va. Code § 22B-1-19 shall file Form WW-4 within sixty (60) days after such abandonment, unless the Office waives this requirement for good cause shown.13.2. Work Order; Manner and Method of Plugging13.2.1. An applicant for a permit to plug a well shall set forth a detailed statement of the manner in which the work of plugging and filling such well is to be performed, including:13.2.1.1. location (by depth),13.2.1.2. 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,13.2.1.3. plans for mudding, cementing, and filling,13.2.1.4. plans for testing, and for shooting and removing casing, and13.2.1.5. all other pertinent information regarding said plugging and filling, all of which shall be in compliance with W.Va. Code § 22B-1-24. The information shall be submitted on Form WW-4(B), "Application to Plug and Abandon a Well".13.2.2. Any well operator proposing to plug or to clean out and replug a well in the manner specified by W.Va. Code § 22B-1-24(c), shall furnish the alternate cost estimates for performing such well work in the manner specified by W.Va. Code § 22B-1-24(d)(3) 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 § 22B-4-10(d)".13.2.3 Length of Plug - All cement plugs, other than those across coal seams, shall be at least one hundred (100) feet in length unless a variance from such a requirement is granted pursuant to Section 18.13.2.4 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 his authorized representative). Equipment used to pull recoverable casing shall be rated and rigged at or above one hundred and fifty percent (150%) of the estimated weight of the heaviest string of recoverable casing, unless otherwise approved by the Chief or his 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.13.3. "Verbal Permission" to Plug -13.3.1. Verbal permission may be given pursuant to W.Va. Code § 22B-1-33(c) 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 Office. Any verbal permission shall be given by the Chief, or the supervising inspector, or any inspector who is available to supervise the plugging work. Unless such verbal approval is given by the Chief, the well operator shall notify the Chiefs office by telephone of such verbal approval no later than the next regular working day.13.3.2. Unless the well operator proposes to plug the well in a manner allowed by W.Va. Code § 22B-1-24(d)(3), the well operator shall contact the coal operator or the coal owner or lessee who has filed a declaration under W.Va. Code § 22B-1-36, so as to provide the coal owner, operator or lessee the best feasible opportunity to make a plugging request under Section 13.5.13.4. 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 the provisions of W.Va. Code § 22B-1-23 or this regulation or of W.Va. Code § 22B-1-24 or Section 15. 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.13.5. Plugging Method Request by Coal Operator or Coal Seam Owner -13.5.1. The request by a coal operator or coal seam owner made pursuant to W.Va. Code § 22B-1-24(d), for a well to be plugged in any manner allowed by W.Va. Code § 22B-1-24(d)(3) rather than by the method provided in W.Va. Code § 22B-1-24(c), shall be made on Form OB-16, "Request by Coal Operator, Owner, or Lessee for Plugging under W.Va. Code § 22B-1-24(d)".13.5.2. The well operator or owner in his sole discretion may waive the provision in W.Va. Code § 22B-1-24(d) 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.13.5.3. The Office shall make findings and issue an order in accordance with W.Va. Code § 22B-1-24(d)(2) by endorsement on or attachment to Form WW-4.13.6. Statutory Affidavit - The affidavit by W.Va. Code § 22B-1-23 and Section 12.2 shall be made on Form WR-38, "Affidavit and Filling Well". The affidavit shall be executed by at least two (2) parties doing, the actual work, whether they are employees of a service company or a plugging contractor, or of the well owner or well operator.W. Va. Code R. § 38-18-13