West Virginia Code
Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement
§22-6-3. Findings and Orders of Inspectors Concerning Violations; Determination of Reasonable Time for Abatement; Extensions of Time for Abatement; Special Inspections; Notice of Findings and Orders

(a) If an oil and gas inspector, upon making an inspection of a well or well site or any other oil or gas facility, finds that any provision of this article is being violated, the inspector shall also find whether or not an imminent danger to persons exists, or whether or not there exists an imminent danger that a fresh water source or supply will be contaminated or lost. If the inspector finds that such imminent danger exists, an order requiring the operator of such well or well site or other oil or gas facility to cease further operations until such imminent danger has been abated shall be issued by the inspector. If the inspector finds that no such imminent danger exists, the inspector shall determine what would be a reasonable period of time within which such violation should be totally abated. Such findings shall contain reference to the provisions of this article which the inspector finds are being violated, and a detailed description of the conditions which cause and constitute such violation.
(b) The period of time so found by such oil and gas inspector to be a reasonable period of time shall not exceed seven days. Such period may be extended by such inspector, or by any other oil and gas inspector duly authorized by the director, from time to time, for good cause, but not to exceed a total of thirty days, upon the making of a special inspection to ascertain whether or not such violation has been totally abated: Provided, That such thirty-day period may be extended beyond thirty days by such inspectors where abatement is shown to be incapable of accomplishment because of circumstances or conditions beyond the control of the well operator. The director shall cause a special inspection to be made: (A) Whenever an operator of a well or well site or any other oil or gas facility, prior to the expiration of any such period of time, requests the director to cause a special inspection to be made at such well or well site or any other oil or gas facility; and (B) upon expiration of such period of time as originally fixed or as extended, unless the director is satisfied that the violation has been abated. Upon making such special inspection, such oil and gas inspector shall determine whether or not such violation has been totally abated. If the inspector determines that such violation has not been totally abated, the inspector shall determine whether or not such period of time as originally fixed, or as so fixed and extended, should be extended. If the inspector determines that such period of time should be extended, the inspector shall determine what a reasonable extension would be. If the inspector determines that such violation has not been totally abated, and if such period of time as originally fixed, or as so fixed and extended, has then expired, and if the inspector also determines that such period of time should not be further extended, the inspector shall thereupon make an order requiring the operator of such well or well site or other oil or gas facility to cease further operations of such well, well site or facility, as the case may be. Such findings and order shall contain reference to the specific provisions of this article which are being violated.
(c) Notice of each finding and order made under this section shall promptly be given to the operator of the well or well site or other oil or gas facility to which it pertains by the person making such finding or order.
(d) No order shall be issued under the authority of this section which is not expressly authorized herein.

Structure West Virginia Code

West Virginia Code

Chapter 22. Environmental Resources

Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement

§22-6-1. Definitions

§22-6-2. Secretary -- Powers and Duties Generally; Department Records Open to Public; Inspectors

§22-6-2a. Oil and Gas Inspectors Qualifications and Salary

§22-6-3. Findings and Orders of Inspectors Concerning Violations; Determination of Reasonable Time for Abatement; Extensions of Time for Abatement; Special Inspections; Notice of Findings and Orders

§22-6-4. Review of Findings and Orders by Director; Special Inspection; Annulment, Revision, etc., of Order; Notice

§22-6-5. Requirements for Findings, Orders and Notices; Posting of Findings and Orders; Judicial Review of Final Orders of Director

§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

§22-6-8. Permits Not to Be on Flat Well Royalty Leases; Legislative Findings and Declarations; Permit Requirements

§22-6-9. Notice to Property Owners

§22-6-10. Procedure for Filing Comments; Certification of Notice

§22-6-11. Review of Application; Issuance of Permit in the Absence of Objections; Copy of Permits to County Assessor

§22-6-12. Plats Prerequisite to Drilling or Fracturing Wells; Preparation and Contents; Notice and Information Furnished to Coal Operators, Owners or Lessees; Issuance of Permits; Performance Bonds or Securities in Lieu Thereof; Bond Forfeiture

§22-6-13. Notice to Coal Operators, Owners or Lessees and Director of Intention to Fracture Certain Other Wells; Contents of Such Notice; Bond; Permit Required

§22-6-14. Plats Prerequisite to Introducing Liquids or Waste Into Wells; Preparation and Contents; Notice and Information Furnished to Coal Operators, Owners or Lessees and Director; Issuance of Permits; Performance Bonds or Security in Lieu Thereof

§22-6-15. Objections to Proposed Drilling of Deep Wells and Oil Wells; Objections to Fracturing; Notices and Hearings; Agreed Locations or Conditions; Indication of Changes on Plats, etc.; Issuance of Permits

§22-6-16. Objections to Proposed Drilling or Converting for Introducing Liquids or Waste Into Wells; Notices and Hearings; Agreed Location or Conditions; Indication of Changes on Plats, etc.; Issuance of Permits; Docket of Proceeding

§22-6-17. Objections to Proposed Drilling of Shallow Gas Wells; Notice to Chair of Review Board; Indication of Changes on Plats; Issuance of Permits

§22-6-18. Protective Devices -- When Well Penetrates Workable Coal Bed; When Gas Is Found Beneath or Between Workable Coal Beds

§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

§22-6-22. Well Report, Logs, Core Samples, and Cuttings to Be Filed; Confidentiality and Permitted Use; Authority to Promulgate Rules; Reporting of Production Data for Horizontal Wells

§22-6-23. Plugging, Abandonment and Reclamation of Well; Notice of Intention; Bonds; Affidavit Showing Time and Manner

§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

§22-6-28. Supervision by Director Over Drilling and Reclamation Operations; Complaints; Hearings; Appeals

§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

§22-6-31. Preventing Waste of Gas; Plan of Operation Required for Wasting Gas in Process of Producing Oil; Rejection Thereof

§22-6-32. Right of Adjacent Owner or Operator to Prevent Waste of Gas; Recovery of Cost

§22-6-33. Restraining Waste

§22-6-34. Offenses; Penalties

§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

§22-6-39. Injunctive Relief

§22-6-40. Appeal From Order of Issuance or Refusal of Permit to Drill or Fracture; Procedure

§22-6-41. Appeal From Order of Issuance or Refusal of Permit for Drilling Location for Introduction of Liquids or Waste or From Conditions of Converting Procedure