House Bill 3001 History
H. B. 3001
(By Delegate Manypenny)
[Introduced March 20, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §22-6A-9 of the Code of West Virginia,
1931, as amended, relating to a requirement, as part of a
removal-plan, that a composite soil sample test be performed
on the ground area underneath a pit or impoundment after it
has been drained and the plastic removed.
Be it enacted by the Legislature of West Virginia:
That §22-6A-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.
§22-6A-9. Certificate of approval required for large pits or
impoundment construction; certificate of approval
and annual registration fees; application required
to obtain certificate; term of certificate;
revocation or suspension of certificates; appeals; farm ponds.
(a) The Legislature finds that large
impoundments and pits,
(i.e. impoundments or pits with a capacity of two hundred ten
thousand gallons or more, not associated with a specific well work
permit, must be properly regulated and controlled. It is the
intent of the Legislature by this section to provide for the
regulation and supervision of large impoundments or pits not
associated with a well work permit. This section does not apply to
large pits or impoundments authorized under a well work permit.
(b) It is unlawful for
any a person to place, construct,
enlarge, alter, repair, remove or abandon any a freshwater
impoundment or pit with capacity of two hundred ten thousand
gallons or more used in association with any a horizontal well
operation until he or she has first secured first secures from the
secretary a certificate of approval for the same. Provided, That
Routine repairs that do not affect the safety of the impoundment
are not subject to the application and approval requirements. A
separate application for a certificate of approval shall be
submitted by a person for each impoundment he or she desires to
place, construct, enlarge, alter, repair, remove or abandon. but
One application may be valid for more than one impoundment that
supports one or more well pads.
(c) The application fee for placement, construction,
enlargement, alteration, repair or removal of an impoundment pursuant to this section is $300 and the fee shall accompany the
application for certificate of approval. Operators holding
certificates of approval
shall be are assessed an annual
registration fee of $100 which is valid for more than one
impoundment that supports one or more well pads.
Any The certificate of approval required by this section
shall be issued or denied no later than sixty days from the
submission of an application containing the information required by
this section. However, If the application for a certificate of
approval is submitted with the application for a horizontal well
permit, the certificate shall be issued or denied no later than
thirty days from the submission of the permit application.
(e) The initial term of a certificate of approval issued
pursuant to this section is one year. Existing certificates of
approval shall be extended for one year upon receipt of the annual
registration fee, an inspection report, a monitoring and emergency
action plan and a maintenance plan: Provided, That where an
approved, up-to-date inspection report, monitoring and emergency
action plan and maintenance plan are on file with the department,
and where no outstanding violation of the requirements of the
certificate of approval or any plan submitted pursuant to this
article related to the impoundment exist, then the certificate of
approval shall be extended without resubmission of the foregoing
documents upon receipt of the annual registration fee.
(f) Every application for a certificate of approval shall be
made in writing on a form prescribed by the secretary and
signed and verified by the applicant. The application shall
include a monitoring and emergency action plan, and a maintenance
plan and a removal-plan when operations cease, the required
contents of which shall be established by the secretary by
legislative rule. In addition to other requirements the secretary
may establish by legislative rule, the removal-plan shall include
a rule which requires a composite soil sampling and testing of the
ground area underneath the black plastic after the pit or
impoundment has been drained and the plastic removed. The
application shall contain and provide information that may
reasonably be required by the secretary to administer the
provisions of this article.
(g) Plans and specifications for the placement, construction,
erosion and sediment control, enlargement, alteration, repair or
removal and reclamation of impoundments shall be the charge of a
registered professional engineer licensed to practice in West
Any Plans or specifications submitted to the department
shall bear the seal of a registered professional engineer.
(h) Each certificate of approval issued by the secretary
pursuant to the provisions of this article may contain other terms
and conditions the secretary prescribes.
(i) The secretary may revoke or suspend any certificate of approval whenever the secretary determines that the impoundment for
which the certificate was issued constitutes an imminent danger to
human life or property. If necessary to safeguard human life or
property, the secretary may also amend the terms and conditions of
any a certificate by issuing a new certificate containing the
revised terms and conditions.
any a certificate of approval is amended, suspended
or revoked by the secretary without the consent of the operator
holding the certificate, the secretary shall hold a hearing in
accordance with the provisions of article five, chapter twenty-
nine-a of this code.
Any A person adversely affected by an order entered
following this the hearing has the right to appeal to the
Environmental Quality Board pursuant to the provisions of article
one, chapter twenty-two-b of this code.
Upon expiration of the certificate of approval, the
operator shall within six months, or upon its revocation by the
secretary, the operator shall within sixty days, Within six months
of the expiration of the certificate of approval or within sixty
days upon the revocation of a certificate of approval, the operator
shall fill all impoundments that are not required or allowed by
state or federal law or rule or agreement between the operator and
the surface owner allowing the impoundment to remain open for the
use and benefit of the surface owner and reclaim the site in accordance with the approved removal plan submitted as part of the
application for a certificate of approval and the approved erosion
and sediment control plan.
(k) This section does not apply to:
(1) Farm ponds constructed by the operator with the written
consent of the surface owner, which will be used after completion
of the drilling activity primarily for agricultural purposes
including, without limitation, livestock watering, irrigation,
retention of animal wastes and fish culture.
Any An impoundment
that is intended to be left permanent as a farm pond under this
subdivision shall meet the requirements set forth by the United
States Department of Agriculture's Natural Resources Conservation
Service "Conservation Practice Standard - Ponds" (Code 378).
(2) Farm ponds subject to certificates of approval under
article fourteen of this chapter.
(l) The secretary is authorized to propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code, necessary to effectuate
the provisions of this section.
NOTE: The purpose of this bill is to require, as part of a
removal-plan, a composite soil sampling and testing be performed on
the ground area underneath a pit or impoundment after it has been
drained and the plastic removed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would