Before fracturing any well the well operator shall, by registered or certified mail, forward a notice of intention to fracture such well to the director and to each and every coal operator operating coal seams beneath said tract of land, who has mapped the same and filed such maps with the office of miners' health, safety and training in accordance with chapter twenty-two-a of this code, and the coal seam owner and lessee, if any, if said owner of record or lessee of record has recorded the declaration provided in section thirty-six of this article, and if said owner or lessee is not yet operating said coal seams beneath said tract of land.
The notice shall be addressed to the director and to each such coal operator at their respective addresses, shall contain the number of the drilling permit for such well and such other information as may be required by the director to enable the division and the coal operators to locate and identify such well and shall inform them that such notice is being mailed to them, respectively, by registered or certified mail, pursuant to the requirements of this article. The form for such notice of intention shall be furnished on request by the director.
If no objections are made, or are found by the director to such proposed fracturing within fifteen days from receipt of such notice by the director, the same shall be filed and become a permanent record of such fracturing, subject to inspection at any time by any interested person, and the director shall forthwith issue to the well operator a permit reciting the filing of such notice, that no objections have been made by the coal operators, or found thereto by the director, and authorizing the well operator to fracture such well. Unless the director has objections to such proposed fracturing, such permit shall be issued prior to the expiration of such fifteen-day period upon the obtaining by the well operator of the consent in writing of the coal operator or operators, owners or lessees, if any, to whom notice of intention to fracture shall have been mailed as herein required, and upon presentation of such written consent to the director. The notice above provided for may be given to the coal operator by delivering or mailing it by registered or certified mail as above to any agent or superintendent in actual charge of mines.
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