A. There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Well Fund, referred to in this section as "the Fund." All moneys appropriated to it and any surcharges collected pursuant to subsection D shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. The Fund shall be established on the books of the Comptroller. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys from the Fund shall be used solely for purposes of restoration and plugging of orphaned wells. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director or his designee.
B. The Director shall conduct a survey to determine the condition and location of orphaned wells in the Commonwealth. He shall establish priorities for the plugging and restoration of the identified orphaned wells. The plugging and restoration of orphaned well sites that pose an imminent danger to public safety shall have the highest priority.
C. In performing his duties under this section, the Director shall make every reasonable effort to identify and obtain the permission of a surface owner prior to entering onto the surface owner's land. In all cases, the Director shall as soon as practicable cause to be published in a newspaper of general circulation in the county or city wherein an orphaned well is located a notice of the proposed plugging and restoration work to be conducted on the property.
D. Each operator who applies for a new permit for any activity other than geophysical operations shall pay a $200 surcharge per permit into the Fund. Such surcharge shall continue until the Director determines that all orphaned wells in the Commonwealth are properly plugged and their sites are properly stabilized.
E. In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be placed in the Gas and Oil Plugging Restoration Fund created pursuant to § 45.2-1634.
1990, c. 92, § 45.1-361.40; 2017, c. 18; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 16 - Virginia Gas and Oil Act
§ 45.2-1601. Regulation of coal surface mining not affected by chapter
§ 45.2-1602. Construction; purposes
§ 45.2-1603. Virginia Gas and Oil Board; membership; compensation
§ 45.2-1604. Duties and responsibilities of the Director; Virginia Gas and Oil Inspector
§ 45.2-1605. Exclusivity of regulation and enforcement
§ 45.2-1607. Expenditure of funds
§ 45.2-1608. Violations; penalties
§ 45.2-1609. Appeals; venue; standing
§ 45.2-1610. Copy of lease to lessor
§ 45.2-1611. Objections by coal owner
§ 45.2-1612. Distance limitations of certain wells
§ 45.2-1613. Meetings of the Board; notice; general powers and duties
§ 45.2-1614. Additional duties and responsibilities of the Board
§ 45.2-1615. Applicability and construction
§ 45.2-1616. Statewide spacing of wells
§ 45.2-1617. Voluntary pooling of interests in drilling units; validity of unit agreements
§ 45.2-1618. Notice of hearing; standing; form of hearing
§ 45.2-1619. Field rules and drilling units for wells; hearings and orders
§ 45.2-1620. Pooling of interests in drilling units
§ 45.2-1621. Coalbed methane gas; ownership
§ 45.2-1622. Pooling of interests for coalbed methane gas wells; conflicting claims to ownership
§ 45.2-1623. Conflicting claims of ownership; arbitration
§ 45.2-1625. Appeals of the Director's decisions; notices; hearings and orders
§ 45.2-1627. Standing when Director or Board fails to act
§ 45.2-1628. Recording of orders
§ 45.2-1629. Duties, responsibilities, and authority of the Director
§ 45.2-1630. Powers, duties, and responsibilities of the Inspector
§ 45.2-1632. Notice of permit applications and permit modification applications required; content
§ 45.2-1633. Bonding and financial security required
§ 45.2-1634. Gas and Oil Plugging and Restoration Fund
§ 45.2-1635. Expiration of permits
§ 45.2-1636. Abandonment or cessation of well or corehole operation; plugging required
§ 45.2-1637. Objections to permits; hearing
§ 45.2-1638. Appeals of Director's decisions to the Board
§ 45.2-1639. Persons required to register; designated agents
§ 45.2-1640. Report of permitted activities and production required; contents
§ 45.2-1641. Developing a gas or oil well as a water well
§ 45.2-1642. Orphaned Well Fund; orphaned wells
§ 45.2-1643. Interference by injection wells with groundwater supply
§ 45.2-1644. Safety in coalbed methane gas, oil, and geophysical operations
§ 45.2-1645. Chesapeake Bay; drilling for gas or oil prohibited
§ 45.2-1646. Tidewater Virginia; drilling for gas or oil prohibited in certain areas
§ 45.2-1647. Hydraulic fracturing; groundwater management area