WEST virginia legislature
2021 regular session
Introduced
House Bill 2975
By Delegates Hansen and Young
[Introduced March 08, 2021; Referred to the Committee on Energy and Manufacturing then the Judiciary]
A BILL to amend and reenact §22-6A-12 of the Code of West Virginia, 1931, as amended, relating to well location restrictions for natural gas wells; and providing that the limit of disturbance of a well site may not be closer to an occupied building than 2,500 feet.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-12. Well location restrictions.
(a) Wells may not be
drilled within 250 feet measured horizontally from any existing water well or
developed spring used for human or domestic animal consumption. The center
of well pads may not be located within six hundred twenty-five feet of The
limit of disturbance of a well site may not be closer than 2,500 feet from
an occupied dwelling structure, or a building 2.500 square feet or larger used
to house or shelter dairy cattle or poultry husbandry. This limitation is
applicable to those wells, developed springs, dwellings or agricultural
buildings that existed on the date a notice to the surface owner of planned
entry for surveying or staking as provided in §22-6A-10 of this code or a notice
of intent to drill a horizontal well as provided in §22-6A-16(b) of this code was
provided, whichever occurs first, and to any dwelling under construction
prior to that date. This limitation may be waived by written consent of the
surface owner transmitted to the department and recorded in the real property
records maintained by the clerk of the county commission for the county in
which such the property is located. Furthermore, the well
operator may be granted a variance by the secretary from these distance
restrictions upon submission of a plan which identifies the sufficient
measures, facilities, or practices to be employed during well site
construction, drilling and operations. The variance, if granted, shall include
terms and conditions the department requires to ensure the safety and
protection of affected persons and property. The terms and conditions may
include insurance, bonding, and indemnification, as well as technical
requirements.
(b) No well pad may be prepared or well drilled within 100 feet measured horizontally from any perennial stream, natural or artificial lake, pond or reservoir, or a wetland, or within 300 feet of a naturally reproducing trout stream. No well pad may be located within 1,000 feet of a surface or ground water intake of a public water supply. The distance from the public water supply as identified by the department shall be measured as follows:
(1) For a surface water intake on a lake or reservoir, the distance shall be measured from the boundary of the lake or reservoir.
(2) For a surface water intake on a flowing stream, the distance shall be measured from a semicircular radius extending upstream of the surface water intake.
(3) For a groundwater source, the distance shall be measured from the wellhead or spring. The department may, in its discretion, waive these distance restrictions upon submission of a plan identifying sufficient measures, facilities or practices to be employed during well site construction, drilling and operations to protect the waters of the state. A waiver, if granted, shall impose any permit conditions as the secretary considers necessary.
(c) Notwithstanding the foregoing provisions of this section, nothing contained in this section prevents an operator from conducting the activities permitted or authorized by a Clean Water Act Section 404 permit or other approval from the United States Army Corps of Engineers within any waters of the state or within the restricted areas referenced in this section.
(d) The well location
restrictions set forth in this section shall may not apply to any
well on a multiple well pad if at least one of the wells was permitted or has
an application pending prior to the effective date of this article.
(e) The secretary shall, by
December 31, 2012, report to the Legislature on the noise, light, dust, and
volatile organic compounds generated by the drilling of horizontal wells as
they relate to the well location restrictions regarding occupied dwelling structures
pursuant to this section. Upon a finding, if any, by the secretary that the
well location restrictions regarding occupied dwelling structures are
inadequate or otherwise require alteration to address the items examined in the
study required by this subsection, the secretary shall have the authority to
may propose for promulgation legislative rules establishing
guidelines and procedures regarding reasonable levels of noise, light, dust,
and volatile organic compounds relating to drilling horizontal wells, including
reasonable means of mitigating such factors, if necessary.
NOTE: The purpose of this bill is to provide that the limit of disturbance of a well site may not be closer to an occupied building than 2,500 feet.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.