W. Va. Code R. § 38-18-16
Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-18-16 - Reclamation16.1. Reclamation under the Construction and Reclamation Plan -16.1.1. All proposed reclamation method for construction of roads, drilling locations, and pits, if any, or alternative overflow prevention facilities, shall be submitted on Form WW-9 with the application for any permit required by W.Va. Code § 22B-1-6, except a permit to plug a well. Such proposed reclamation methods shall be approved by the Chief or his designate, prior to the issuance of the permit, all reclamation shall be done under the supervision of the Chief. The reclamation may be altered from that set out in said Form WW-9, if found necessary, with the consent of the Chief of his designate, due to topography or other conditions not apparent upon initial submission and approval of the proposed reclamation methods.16.2. Access Roads - All access roads shall be constructed and maintained so as to prevent excess sedimentation, maintain natural drainage areas and, if practicable, to direct or carry away from disturbed areas surface water run-off from undisturbed areas.16.3. Drilling sites - Drilling sites shall be constructed and maintained to prevent surface run-off carrying excessive sedimentation from the site, to confine all materials leaked or spilled as a result of drilling operations to the drilling site and to prevent excess sedimentation by not placing in any stream any material moved or cut. Upon the plugging of a non-productive well, whether as a continuous operation with other permitted well work or otherwise, all cementing and other waste materials resulting therefrom shall be retained on the drilling site.16.4. Pits - All field constructed pits which are used to contain wastewater shall meet the following minimum requirements: 16.4.1. Any pit shall be constructed and maintained so as to prevent seepage, leakage or overflows and to maintain its integrity.16.4.2. Provisions shall be made for diverting surface water from the pits.16.4.3. When an operator is unable to maintain adequate freeboard to prevent overflow from any pit, the District Inspector shall be notified by the well operator and an additional pit (or alternative overflow facility) shall be constructed under the supervision of the Chief which shall also meet the requirements specified in this section (16.4.).16.4.4. If existing soil is not suitable to prevent seepage or leakage, other materials which are impervious shall be used as a liner for a pit. Any such liner shall be installed in such a manner as to protect the structural integrity of both pit and liner.16.4.5. Dikes associated with pits shall be constructed of compacted material and maintained with a slope that will preserve the structural integrity of such dike.16.4.6. Any unlined dike constructed of existing soil shall be free of trees and other organic matter, large rocks, or any other material which could be reasonably expected to adversely affect the structural integrity of such dike.16.4.7. Reclamation of the pits shall not cause an overflow and/or discharge of materials to water of the State.16.4.8. All drilling pits and alternative overflow prevention facilities shall be constructed, maintained and reclaimed so as not to be left in such condition as to constitute a hazard or to prevent use of the surface for agricultural purposes after the expiration of the six (6) month or extended period for reclamation prescribed by W.Va. Code § 22B-1-30.16.5. Surface and Underground Water Pollution -16.5.1. Before commencing to drill any well for oil and gas, the well owner or operator shall make proper and adequate provision to prevent surface and underground water pollution.16.5.2. When rotary drilling penetrates a formation known to contain substantial amounts of salt water, drilling will continue to the next casing point by drilling with mud, foaming, or other satisfactory methods for the purpose of isolating the salt water in the formation or preventing the discharge of salt water per se into a fresh water horizon, or above the surface of the ground. In the case of foaming, it is recognized that a certain amount of salt water, mixed with the cuttings, will be discharged above the surface of the ground which will be contained in sump pits no larger than necessary for this purpose.16.6. Notifications Prior to Commencement of Work - Prior to the construction of roads, locations and pits for any permitted well work, the operator or his contractor shall notify the appropriate oil and gas inspector and allow the opportunity of inspecting and approving the construction and method of reclamation for all proposed areas to be disturbed in siting, drilling, completing or producing the well, in addition, the well operator or his contractor shall notify the appropriate district oil and gas inspector twenty-four (24) hours before actual permitted well work is commenced.16.7. Requirements for Production and Gathering Pipelines -16.7.1. This rule prescribes the minimum requirements for the safe and efficient installation of all production and gathering pipelines installed, relocated or replaced after June 9, 1983, which are not regulated by the United States Department of Transportation minimum safety standards applicable to pipelines.16.7.2. The Chief reserves the right to direct the burial of any line installed under this regulation to protect the pubic safety, by order issued after notice and hearing under the Office's rules.16.7.3. Subject to the reservation in Section 16.7.2. of production and gathering lines subject to this rule shall conform with the following:16.7.3.1. Lines shall be buried where practical and reasonable; and practical and reasonable shall be construed to mean lines should be buried in the following situations: 16.7.3.1.1 Where the line crosses agricultural land as defined in W.Va. Code § 19-19-2;16.7.3.1.2 Where an unburied line would prohibit use of a pre-existing private roadway or other means of access to a part of or all of surface land;16.7.3.1.3 Where the line cannot more practically and reasonably be securely suspended to cross stream beds;16.7.3.1.4 Where the line crosses a public road, in which event it shall be buried and otherwise installed in accordance with the rules of the public agency having jurisdiction over the road, and16.7.3.1.5 Where the Chief decides prior to installation that burial would be practical and reasonable.16.7.3.2. All buried lines shall be installed with a minimum of eighteen (18) inches of cover, except where solid rock is encountered in which case the minimum cover shall be six (6) inches;16.7.3.3. Whenever a buried line crosses a pre-existing public or private roadway, the location of the line shall be clearly marked at the point of crossing by an appropriate marker; and16.7.3.4. A suitable conductive wire shall be installed with plastic pipe to facilitate locating it with an electronic pipe locator; provided, that any other suitable material or means for accomplishing this purpose may be employed.16.7.4. Notwithstanding Section 16.7.3 of this rule, the surface owner(s) of record of any tract subject to the provisions of W.Va. Code § 22B-1-30(d) shall have the right to prescribe that a pipeline or specified parts thereof need not be buried. The prescription shall be on Form WR-75, "Permission Not to Bury Production or Gathering Line", unless it is included in the recorded right-of-way or lease under which pipeline is to be installed, which right-of-way or lease was granted by the then surface owner of record. Once executed and delivered to the person who proposed to install and operate the line, the prescription may not be revoked by any subsequent surface owner(s) of record.16.7.5. This rule shall not be construed to prohibit a surface owner from preparing a safe crossing of a pipeline for a new means to access of another part of his tract.W. Va. Code R. § 38-18-16