Current through Register Vol. XLII, No. 1, January 3, 2025
Section 50-1-2 - Rules Applicable To Proceedings Concerning The Location Of Shallow Gas Wells2.1. Scope. The rules in this part govern and are applicable to proceedings concerning the location of shallow wells under Code '22-7-7. In addition to the rules contained in this part, the general rules of practice before the Board contained in Section 1 and the rules relating to hearings held by the Board contained in Section 5 are also applicable to such proceedings.
2.2. How Initiated; Notice of Meeting. (a) Upon receipt of a Form IV-15, "Notice to West Virginia Shallow Gas Well Review Board of Objection Under Code '22-7-3 to a Proposed Drilling Site", from the Director, the Chairman shall call a meeting of the Board. Such meeting shall be scheduled not less than ten (10) days nor more than twenty (20) days from receipt by the Chairman of the notice of objection, and notice of such meeting shall be given by the Chairman at least ten (10) days in advance thereof to all parties and the remaining members of the Board.(b) The notice of each meeting called by the Chairman pursuant to subsection (a) of this section shall issue in the name of the State, shall specify the style of the proceeding and a docket number assigned by the Chairman, shall state that such meeting is being called for the purpose of holding a conference and, if necessary, a hearing concerning the objections to proposed drilling, shall state the date, time and place of the meeting, and shall be signed by the Chairman.(c) The notice of each meeting required by subsection (a) of this section shall be given in the manner provided in Code '22-7-6. A copy of such notice, including proof of service or publication thereof, shall be retained in the record of the proceeding by the Chairman. Proof of service or publication of such notice shall be made by (i) a verified return if service was made personally, (ii) a certificate of service or return receipt if service was by certified mail, or (iii) a copy of the published notice if service was by publication.(d) The Chairman shall also mail, by regular United States mail, a copy of all notices given pursuant to subsection (a) of this section to all other persons who have specified to the Chairman an address to which all such notices may be mailed.2.3. Agreed Location.(a) At any time prior to a meeting called pursuant to the provisions of section 2.2. of these rules, the parties may agree upon either the drilling location as proposed by the well operator or an alternate drilling location on the tract.(b) If all parties agree to a drilling location prior to a meeting of the Board, the well operator shall immediately file a notice that an agreement has been reached with the Chairman. Such notice shall specify the nature of the agreement and shall include a copy of the plat filed with the Department pursuant to Code '22B-1-12. Any change in the drilling location from the drilling location proposed by the well operator shall be shown on the plat and the distance and direction to the new drilling location from the proposed drilling location shall also be shown. Copies of the notice of an agreed location, including a copy of the plat, shall be served upon all other parties.(c) Upon receipt of any notice of agreement filed pursuant to subsection (b) of this section, the Chairman shall promptly cancel the meeting of the Board and shall issue a written order stating that an agreement has been reached, stating the nature of such agreement, and directing the Department to grant the well operator a drilling permit for the location agreed upon. The original of such order, together with the entire record of the proceeding, shall be filed with the Department within five (5) days after receipt of a notice of agreement. A copy of the order shall be mailed by registered or certified mail to all parties.2.4. Conference. (a) If a drilling location is not agreed upon pursuant to the provisions of section 2.3. of these rules, the parties shall meet with the Board at the time and place fixed by the Chairman to consider the objections to proposed drilling. At such conference, the parties may agree upon either the drilling location as proposed by the well operator or an alternate drilling location on the same tract.(b) If all parties agree upon a drilling location, the Board shall issue a written order stating that an agreement has been reached, stating the nature of such agreement, and directing the Department to grant the well operator a drilling permit for the location agreed upon. Any change in the drilling location from the drilling location proposed by the well operator shall be indicated on the plat enclosed with the notice of objection filed with the Chairman by the Director and the distance and direction to the new drilling location from the proposed drilling location shall also be shown on such plat. The original of the Board's order, together with the entire record of the proceeding, shall be filed with the Department within five (5) days after the conference of the Board at which the drilling location was agreed upon. A copy of the order shall be mailed by registered or certified mail to all parties.2.5. Hearings. (a) If the parties present or represented at the conference with the Board are unable to agree upon a drilling location, then, unless they otherwise agree, the Board shall, without recess for more than one (1) business day, hold a hearing to consider the application for a drilling permit. Such hearing shall be conducted in the manner provided in Section 5 of these rules and the pertinent provisions of Article 5, Chapter 29A of the Code shall apply to and govern such hearing.(b) Within twenty (20) days after the close of such hearing, the Board shall issue and file with the Department a written order in accordance with Code ''22-7-7 and 8. The entire record of the proceedings shall be filed with the Department simultaneously with the order, and a copy of the order shall be mailed by registered or certified mail to all parties at the time such order is filed.(c) Any member of the Board may file a separate opinion with the Department within twenty-five (25) days after the close of a hearing. A copy of any such opinion shall be mailed by registered or certified mail to all parties at the time it is filed.