West Virginia Code of State Rules Agency 35 - Oil And Gas
Here’s a detailed overview of West Virginia Code of State Rules, Agency 35 – Oil and Gas, overseen by the WV Department of Environmental Protection's Office of Oil and Gas:
📘 Title 35 – Agency 35: Legislative Rules
The agency comprises eight current rule series, each governing specific aspects of oil and gas operations under the authority of WV Code Chapter 22 and related statutes (regulations.justia.com, dep.wv.gov):
Series 35‑01 – Miscellaneous Water Pollution Control Rules
Addresses water quality protections related to oil and gas activities (e.g., mud and wastewater handling) (regulations.justia.com).
Series 35‑02 – Oil and Gas Operations – Solid Waste Rule
Governs solid waste disposal and permitting requirements for oil and gas operations (law.cornell.edu, apps.sos.wv.gov).
Series 35‑03 – Coalbed Methane Wells Rule
Sets standards for coalbed methane well operations (regulations.justia.com).
Series 35‑04 – Oil and Gas Wells and Other Wells
Covers permitting, notification, plugging, plugging bonds, reports, and drilling procedures (dep.wv.gov).
Series 35‑05 – Designation of Future Use and Inactive Status for Oil and Gas Wells Rule
Defines requirements for formally designating wells as inactive or reserved for future use (regulations.justia.com).
Series 35‑06 – Abandoned Wells Rules
Governs abandonment procedures and bonding for wells no longer in use (regulations.justia.com).
Series 35‑07 – Certification of Gas Wells
Sets criteria and procedures for certifying gas wells for production (regulations.justia.com, dep.wv.gov).
Series 35‑08 – Rules Governing Horizontal Well Development
Details permitting, forms, notifications (especially to coal operators), operational standards, record-keeping, and financial responsibility for horizontal drilling (dep.wv.gov).
📌 Representative Highlights
Horizontal Drilling (35‑08): Defines well registration, agent designation, bonding, coal-mining area notice, and operational criteria for horizontal wells .
Well Permits (35‑04): Applications must include forms (e.g., WW‑2 to WW‑4), plats, bonding ($400 drilling, $150 reclamation, $100 registration), and commence work within 24 months (dep.wv.gov).
Plugging & Abandonment: Specifies bonding, affidavit filings, cementing methods, and coal operator notification for well plugging (dep.wv.gov).
⚖️ Statutory Basis
These rules implement WV Code Chapter 22 (Oil and Gas) — particularly sections on permitting (§22‑6‑6), plugging (§22‑6‑23), bonding (§22‑6‑26), inactive status (§22‑6‑19), abandoned wells (§22‑10), and horizontal well authority (§22‑6A) (code.wvlegislature.gov).
✅ Summary
Agency 35 provides a comprehensive regulatory framework covering:
Environmental protections
Permitting and bonding
Well classification (active, inactive, abandoned)
Horizontal and coalbed methane drilling
Waste management

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