West Virginia Code § 22-6-3

Findings and orders of inspectors concerning violations; determination of
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reasonable time for abatement; extensions of time for abatement; special
inspections; notice of findings and orders.
(a) If an oil and gas inspector, upon making an inspection of a well or well site or any other
oil or gas facility, finds that any provision of this article is being violated, the inspector shall
also find whether or not an imminent danger to persons exists, or whether oer not there exists
an imminent danger that a fresh water source or supply will be contaminated or lost. If the
inspector finds that such imminent danger exists, an order requiring thre operator of such
well or well site or other oil or gas facility to cease further operations until such imminent
danger has been abated shall be issued by the inspector. If the inspector finds that no such
imminent danger exists, the inspector shall determine what would be a reasonable period of
time within which such violation should be totally abated. Sutch findings shall contain
reference to the provisions of this article which the inspector finds are being violated, and a
detailed description of the conditions which cause and constitute such violation.
(b) The period of time so found by such oil and gas inspector to be a reasonable period of
time shall not exceed seven days. Such periods may be extended by such inspector, or by any
other oil and gas inspector duly authorized by the director, from time to time, for good
cause, but not to exceed a total of thirty days, upon the making of a special inspection to
ascertain whether or not such violation has been totally abated: Provided, That such thirty-
day period may be extended beyond thirty days by such inspectors where abatement is
shown to be incapable of accoemplishment because of circumstances or conditions beyond
the control of the well operator. The director shall cause a special inspection to be made: (A)
Whenever an operator oLf a well or well site or any other oil or gas facility, prior to the
expiration of any such period of time, requests the director to cause a special inspection to
be made at such well or well site or any other oil or gas facility; and (B) upon expiration of
such period of time as originally fixed or as extended, unless the director is satisfied that the
violation has been abated. Upon making such special inspection, such oil and gas inspector
shall determine whether or not such violation has been totally abated. If the inspector
determines that such violation has not been totally abated, the inspector shall determine
whether or not such period of time as originally fixed, or as so fixed and extended, should be
extended. If the inspector determines that such period of time should be extended, the
inspector shall determine what a reasonable extension would be. If the inspector determines
that such violation has not been totally abated, and if such period of time as originally fixed,
or as so fixed and extended, has then expired, and if the inspector also determines that such
period of time should not be further extended, the inspector shall thereupon make an order
requiring the operator of such well or well site or other oil or gas facility to cease further
operations of such well, well site or facility, as the case may be. Such findings and order
shall contain reference to the specific provisions of this article which are being violated.
(c) Notice of each finding and order made under this section shall promptly be given to the
operator of the well or well site or other oil or gas facility to which it pertains by the person
making such finding or order.
(d) No order shall be issued under the authority of this section which is not expressly
authorized herein.

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