(a) All findings and orders made pursuant to section three or four of this article, and all notices required to be given of the making of such findings and orders, shall be in writing. All such findings and orders shall be signed by the person making them, and all such notices shall be signed by the person charged with the duty of giving the notice. All such notices shall contain a copy of the findings and orders referred to therein.
(b) Notice of any finding or order required by section three or four of this article to be given to an operator shall be given by causing such notice, addressed to the operator of the well, well site or other oil and/or gas facility to which such finding or order pertains, to be delivered to such operator by causing a copy thereof to be sent by registered mail to the permanent address of such operator as filed with the division and by causing a copy thereof to be posted upon the drilling rig or other equipment at the well, well site or other oil and/or gas facility, as the case may be. The requirement of this article that a notice shall be "addressed to the operator of the well, well site or other oil and/or gas facility to which such finding or order pertains," shall not require that the name of the operator for whom it is intended shall be specifically set out in such address. Addressing such notice to "Operator of ___________________," specifying the well, well site or other oil and/or gas facility sufficiently to identify it, shall satisfy such requirement.
(c) Any well operator, complaining coal operator, owner or lessee, if any, adversely affected by a final order issued by the director under section four of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
(d) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
(e) Legal counsel and services for the director in all appeal proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The director, with written approval of the Attorney General, may employ special counsel to represent the director at any such appeal proceedings.
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