West Virginia Code of State Rules Agency 35 - Oil And Gas
📘 West Virginia Code of State Rules — Agency 35: Oil and Gas
🔍 Overview
Agency 35 consists of the administrative rules regulating the exploration, development, production, and plugging of oil and gas wells in West Virginia. These rules are promulgated by the West Virginia Department of Environmental Protection (DEP), specifically the Office of Oil and Gas, under the authority of the Oil and Gas Conservation Act (W. Va. Code §§ 22-6-1 et seq.).
The primary goal of Agency 35 is to promote responsible development of oil and gas resources while protecting the environment, public health, and property rights.
⚙️ Core Areas Covered by Agency 35
1. Permitting and Drilling Requirements
Procedures for obtaining drilling permits.
Technical standards for well construction.
Environmental safeguards during drilling operations.
Notification and bonding requirements.
2. Operation and Production
Standards for well operation to prevent waste.
Metering, reporting, and recordkeeping of production.
Requirements for flare and vent control.
Protection of groundwater and surface water.
3. Plugging and Abandonment
Procedures for proper plugging of wells no longer in use.
Environmental restoration obligations.
Timeframes and reporting for abandonment.
4. Inspection and Enforcement
Authority of inspectors to conduct site visits.
Enforcement actions including fines, orders, and permit suspensions.
Procedures for violations and appeals.
5. Pooling and Unitization
Rules governing the combining of interests for efficient development.
Procedures for unit agreement approvals.
📑 Key Provisions in Title 35 WV CSR
35-1: General Provisions
Definitions of terms related to oil and gas operations.
Jurisdiction and applicability of rules.
Fees, penalties, and general administrative provisions.
35-2: Permitting
Application content.
Conditions for approval or denial.
Bonding and insurance requirements.
35-3: Drilling and Completion
Well construction standards (casing, cementing).
Safety and environmental protection during drilling.
Requirements for reporting well status.
35-4: Operations
Maintenance of wells.
Production reporting.
Control of emissions and waste.
35-5: Plugging and Abandonment
Steps and timelines for plugging.
Documentation and approval of plugging.
Site restoration requirements.
35-6: Inspection and Enforcement
Inspector authority and access.
Penalties and corrective measures.
Hearing and appeal processes.
⚖️ Relevant Legal Principles and Case Law
1. Balancing Resource Development and Environmental Protection
Courts recognize the state’s interest in promoting oil and gas development but emphasize compliance with environmental safeguards.
Regulations must align with statutory mandates to protect water, land, and public health.
Case Example:
W. Va. Highlands Conservancy v. Huffman, 199 W.Va. 528 (1996)
The court upheld DEP’s authority to enforce environmental regulations related to oil and gas operations to prevent pollution.
2. Agency’s Discretion and Expertise
The DEP and Office of Oil and Gas have expertise in technical standards and operational rules.
Courts give deference to the agency’s interpretations unless clearly unreasonable or outside statutory authority.
Case Example:
Davis v. West Virginia Dept. of Environmental Protection, 190 W.Va. 320 (1993)
Affirmed agency discretion in enforcement decisions related to oil and gas permits.
3. Due Process in Enforcement
Operators facing enforcement actions (fines, suspensions) are entitled to due process.
The agency must provide notice, an opportunity to be heard, and the right to appeal.
Case Example:
State ex rel. Dillard v. Public Service Commission, 177 W.Va. 370 (1986)
Although concerning a different agency, this case reinforces due process requirements applicable in administrative enforcement actions.
4. Surface Owner Rights vs. Mineral Development
West Virginia law recognizes the dominance of mineral rights but requires reasonable accommodation of surface owner rights.
Disputes often arise over damages, access, and use of surface land.
Case Example:
Consolidation Coal Co. v. Mingo County, 156 W.Va. 643 (1972)
Clarified rights and obligations between mineral owners/operators and surface owners.
📌 Summary Table
| Topic | Details |
|---|---|
| Agency | WV Department of Environmental Protection — Office of Oil and Gas (Agency 35) |
| Authority | WV Code §§ 22-6-1 et seq.; WV CSR Title 35 |
| Scope | Permitting, drilling, operation, plugging, enforcement |
| Goals | Promote resource development; protect environment and public health |
| Legal Standards | Agency discretion, environmental protection, due process |
| Key Cases | W. Va. Highlands Conservancy v. Huffman; Davis v. DEP; Consolidation Coal Co. v. Mingo County |
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