The director shall review each application for a well work permit and shall determine whether or not a permit shall be issued.
No permit shall be issued less than fifteen days after the filing date of the application for any well work except plugging or replugging; and no permit for plugging or replugging shall be issued less than five days after the filing date of the application except a permit for plugging or replugging a dry hole: Provided, That if the applicant certifies that all persons entitled to notice of the application under the provisions of this article have been served in person or by certified mail, return receipt requested, with a copy of the well work application, including the erosion and sediment control plan, if required, and the plat required by section six of this article, and further files written statements of no objection by all such persons, the director may issue the well work permit at any time.
The director may cause such inspections to be made of the proposed well work location as to assure adequate review of the application. The permit shall not be issued, or shall be conditioned including conditions with respect to the location of the well and access roads prior to issuance if the director determines that:
(1) The proposed well work will constitute a hazard to the safety of persons; or
(2) The plan for soil erosion and sediment control is not adequate or effective; or
(3) Damage would occur to publicly owned lands or resources; or
(4) The proposed well work fails to protect fresh water sources or supplies.
The director shall promptly review all comments filed. If after review of the application and all comments received, the application for a well work permit is approved, and no timely objection or comment has been filed with the director or made by the director under the provisions of section fifteen, sixteen or seventeen of this article, the permit shall be issued, with conditions, if any. Nothing in this section shall be construed to supersede the provisions of sections six, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of this article.
The director shall mail a copy of the permit as issued or a copy of the order denying a permit to any person who submitted comments to the director concerning said permit and requested such copy.
Upon the issuance of any permit pursuant to the provisions of this article, the director shall transmit a copy of such permit to the office of the assessor for the county in which the well is located.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement
§22-6-2. Secretary -- Powers and Duties Generally; Department Records Open to Public; Inspectors
§22-6-2a. Oil and Gas Inspectors Qualifications and Salary
§22-6-6. Permit Required for Well Work; Permit Fee; Application; Soil Erosion Control Plan
§22-6-7. Water Pollution Control Permits; Powers and Duties of the Director; Penalties
§22-6-9. Notice to Property Owners
§22-6-10. Procedure for Filing Comments; Certification of Notice
§22-6-19. Same -- Continuance During Life of Well; Dry or Abandoned Wells
§22-6-20. Same -- When Well Is Drilled Through Horizon of Coalbed From Which Coal Has Been Removed
§22-6-21. Same -- Installation of Fresh Water Casings
§22-6-24. Methods of Plugging Well
§22-6-25. Introducing Liquid Pressure Into Producing Strata to Recover Oil Contained Therein
§22-6-26. Performance Bonds; Corporate Surety or Other Security
§22-6-27. Cause of Action for Damages Caused by Explosions
§22-6-29. Operating Permit and Processing Fund; Special Reclamation Fund; Fees
§22-6-29a. Oil and Gas Abandoned Well Plugging Fund
§22-6-30. Reclamation Requirements
§22-6-32. Right of Adjacent Owner or Operator to Prevent Waste of Gas; Recovery of Cost
§22-6-35. Civil Action for Contamination or Deprivation of Fresh Water Source or Supply; Presumption
§22-6-36. Declaration of Oil and Gas Notice by Owners and Lessees of Coal Seams
§22-6-37. Rules, Orders and Permits Remain in Effect
§22-6-38. Application of Article; Exclusions
§22-6-40. Appeal From Order of Issuance or Refusal of Permit to Drill or Fracture; Procedure