W. Va. Code R. § 38-23-13
Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-23-13 - Water Protection, Testing and Redemption13.1. Before commencing to drill any CBM well, the CBM Well owner or operator shall make proper and adequate provision to prevent surface and underground water pollution as required by W.Va. Code § 22-6-7 and 38 CSR 11.13.2. When drilling of a CBM Well 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.13.3. Water Testing Rights and Obligations. 13.3.1. Prior to drilling a CBM Well at the request of the owners of record of the surface tract as defined in W.Va. Code § 22-6-9 or an occupant of land within one thousand (1,000) feet of the proposed well, the CBM Well Operator shall sample and analyze, in accordance with this section, water from any wells or springs located within one thousand (1,000) feet of the proposed CBM Well that is actually used by such owner or occupant for human consumption, domestic animals, or other general use.13.3.2. If, prior to drilling, no request is made of the CBM Well Operator pursuant to the previous subsection, the CBM Well Operator shall sample and analyze, in accordance with this section, water from any one known and existing well or spring within one thousand (1,000) feet of the proposed well. If more than one such well or spring exists, the CBM Well Operator shall select for sampling and analysis the one well or spring that, in the CBM Well Operator's judgment, has the highest potential for being influenced by the CBM Well Operator's well work.13.3.3. If for any reason the CBM Well Operator is unable to sample and to analyze water from any such water wells or springs within one thousand (1,000) feet of the CBM Well Operator's proposed well, the Chief may require the operator to sample and to analyze in accordance with this section water from one existing well or spring located between one thousand (1,000) feet and two thousand (2,000) feet from the CBM Well Operators proposed well.13.3.4. At a CBM Well Operator's discretion, any or all water wells or springs within one thousand (1,000) feet of CBM Well Operator's proposed well may be sampled and analyzed in accordance with this section.13.3.5. Surface Owner Notice - The CBM Well Operator shall give notice to the owner of record of the surface tract as defined in W.Va. Code § 22-6-9 of the right of the user who is either an owner or occupant to request the CBM Well Operator to sample and analyze a well or spring in accordance with subsection 13.3.1 of this Section. The CBM Well Operator shall be deemed to have satisfied this requirement if notice is provided by the same methods used in conjunction with the permit application.13.3.6. Additional Notice - The CBM Well Operator shall make a reasonable attempt to give additional notice of the right to request the operator to sample and analyze a well or spring in accordance with subsection 13.3.1 of this section. The CBM Well Operator will be deemed to have satisfied this requirement if notice is provided by any of the following methods. a. By personal service or by posting of notice at the entrance to any dwellings located within one thousand (1,000) feet and at any other locations within one thousand (1,000) feet of the CBM Well Operator's proposed well where the use of such water wells and springs is conspicuous;b. Mailing of notice to dwellings located within one thousand (1,000) feet of the CBM Well Operator's proposed well and posting at any other locations within one thousand (1,000) feet of the operator's proposed well where the use of such water wells and springs is apparent; orc. By any other means reasonably calculated by the Chief to provide adequate notice to the occupant/user.13.3.7. Form of Notice - The notice provided by the CBM Well Operator in accordance with this section shall be in a form approved by the Chief, which, at a minimum, shall contain a statement of such user's right to request such sampling and analysis, advise such users of the independent right to sample and analyze any water supply at the expense of the user, advise such users as to whether the operator will use an independent laboratory, or not, to analyze any sample, and to advise such users of the availability through the Chief of a list of laboratories.13.3.8. Timing - The CBM Well Operator shall provide such notice prior to the time of the filing of any permit application with the Chief.13.3.9. Methods of Sampling - The CBM Well Operator shall collect and analyze samples in accordance with methods approved by the Chief or set forth at 40 CFR Part 136.13.3.10. Parameters - The CBM Well Operator shall analyze samples for the following parameters: 13.3.10.3. total dissolved solids,13.3.10.5. detergents (MBAS), and13.3.10.6. any other parameters as determined by the CBM Well Operator.13.3.11. Laboratories - The laboratory used by the operator shall be approved by the Chief as being capable of performing sample analyses in accordance with this section.13.3.12. Distribution of Results - The CBM Well Operator shall, no later than thirty (30) days after receipt of such sample analysis provide the results of such sample analysis in writing to the Chief, and any of the users who may have requested such analysis in accordance with this section.13.3.13. After notice as required by this section, the CBM Well Operator (or any other contractor or laboratory directed by the CBM Well Operator to collect samples of water for analysis by this section) may enter onto land upon which a water well or spring is located to conduct sampling as authorized.13.3.14. If any owner of the land or use of the water well or spring protests or acts to block the right of entry, then the right of entry may be enforced by a court with jurisdiction to enter an injunction regarding the land upon which the source or supply is located. However, if any person acts to block the right of entry provided herein, the CBM Well Operator is not required to enforce this right of entry and shall not be liable for any penalty or loss of rights, privileges or permits based on the failure to exercise the right of entry and obtain the water sample otherwise required by this section. To the extent that alandowners refusal to allow a CBM operator to enter land restricts the CBM operator from compliance with other sections of this rule, the CBM operator is relieved of liability for such non-compliance.13.4. The CBM Well Operator is liable for any reasonable actual damages done while gathering the sample required by this section. This provision does not limit other provisions of the law.13.5. Groundwater Remediation - Where the facilities or activities of an CBM Well Operator cause or contribute to the concentration of a certain constituent in groundwater which exceeds standards of purity and quality for ground water promulgated by the state Water Resources Board pursuant to W.Va. Code § 20-5M-5, every reasonable effort shall be made by the CBM Well Operator to identify, remove or mitigate the source of such contamination. Within thirty (30) days following written request by the Chief, the CBM Well Operator shall submit to the Chief a groundwater remediation plan to strive where practical to reduce the level of contamination over time to support drinking water use. Such a plan shall include such groundwater monitoring as may be necessary to demonstrate the effectiveness of the plan.W. Va. Code R. § 38-23-13