Oil and Gas Reporting

Definitions

“Incident" means:

1. An injury to an individual at a well, well pad or pipeline facility that results in death or serious bodily injury or that has a reasonable potential to cause death;
2. An unintended confinement of an individual in an enclosed space at a well, well pad or pipeline facility from which a person will not be released for a period exceeding fifteen minutes;
3. The unintended ignition or explosion of oil, natural gas or other substance at a well, well pad or pipeline facility;
4. An unintended fire in or about a well, well pad or pipeline facility not extinguished within fifteen minutes of discovery of the unintended fire; and
5. Any unintended release of poisonous or combustible substances that have a reasonable potential to cause death. 

Pipeline facility – without limitation- new and existing pipe, pipe rights-of-way and any equipment, facility or building used in the transportation of oil or natural gas, treatment of oil or natural gas during transportation but not including pipelines of four inches or less inside diameter servicing a farm, commercial structure or residence.

Pipeline operator – person or persons, firm, partnership, independent contractor, company or corporation that constructs, maintains or operates a pipeline facility

Well – any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid, oil or natural gas or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. The term “well" does not to include any shaft or hole sunk, drilled, bored or dug into the earth for the sole purpose of core drilling or pumping or extracting therefrom potable, fresh or usable water for household, domestic, industrial, agricultural or public use.

Well Pad- any area constructed and maintained for use to create a well

Well Operator – any person or persons, firm, partnership, independent contractor, company or corporation that drills or engages in hydraulic fracturing for any liquid or natural gas.

Penalties

The Director shall impose a civil administrative penalty of not less than $2,500 but not to exceed $50,000 on the pipeline operator or well operator if it is determined that the pipeline operator or well operator failed to give timely notice as required by this section: Provided, that the Director shall waive imposition of the civil administrative penalty if the failure to give the required notice:  

(1) Occurred as a result of circumstances wholly outside the control of the pipeline operator or well operator;

(2) Occurred because the pipeline operator or well operator was attempting to stabilize the incident;

(3) Occurred because the pipeline operator or well operator was rendering emergency assistance; or  

(4) Resulted from the incident occurring in a location with no or inadequate wireless communications coverage and notice was provided within fifteen minutes of reestablishing communication.  

(f) Any pipeline operator or well operator aggrieved by the imposition of a civil administrative penalty may request within thirty days of receipt of a written communication imposing a civil administrative penalty that the Director reconsider the imposition or amount of the civil administrative penalty. If reconsideration is denied, the pipeline operator or well operator shall have a right of appeal to the Circuit Court of Kanawha County, West Virginia.

Frequently Asked Questions

Q.  Who is required to report?
A.  All pipeline operators and well operators

Q.  If I contact 911, have I met my requirement to report?
A.  Yes, Pipeline operators and well operators may satisfy this requirement by contacting the local emergency telephone system and orally reporting the information required by law.

Q.  I am required to report based on other laws or regulations to the EPA, does contacting the National Response Center meet the requirement for reporting under this law?
A.  No, it must be to the number designated by the Director listed above.

Q.  If I contact the DEP spill line, will that meet my reporting requirement?
A.  Provided all of the required information is provided when the call is made, and it is identified that this is an incident required to be reported under §15-5C-1 and 15-5C-2, the requirement will be met.

Q.  If a civil penalty is imposed on me for failing to report, what recourse do I have?
A. Any pipeline operator or well operator aggrieved by the imposition of a civil administrative penalty may request within thirty days of receipt of a written communication imposing a civil administrative penalty that the Director reconsider the imposition or amount of the civil administrative penalty. If reconsideration is denied, the pipeline operator or well operator shall have a right of appeal to the Circuit Court of Kanawha County, West Virginia.​