Virginia Administrative Code

A. Each unit operator shall maintain records of production, income, payments made to lessors and escrow agents, any suspended payments, and other information prescribed by the board until the later of: 1. When the permits for all wells in the unit have been released by the depart…

A. Transfer of the right to operate a unit established by the board must be approved by the board prior to the transfer of unit operations to a new operator. 1. For a voluntary transfer, the proposed new unit operator shall file written notification of the proposed transfer of op…

A. Appeals of the division director's decisions shall be filed in writing, at the office of the division, in accordance with §§ 45.2-1625 and 45.2-1637 of the Code of Virginia. B. A petition to appeal a decision of the division director shall contain: 1. The name and address of t…

A. Any petition to the board not otherwise provided for in this chapter shall be made in writing, and shall contain: 1. The name and address of the petitioner and the petitioner's counsel, if any; 2. The names and addresses of any persons who are named as respondents in the petit…

A. All orders issued by the board under § 45.2-1619 of the Code of Virginia shall remain in effect until vacated or amended by the board on its own motion or on application from an owner or operator in the field or unit subject to the order. B. Unless otherwise provided in the bo…

(Repealed.)

A. Civil charges shall be provided for in accordance with § 45.2-1608 of the Code of Virginia. B. The division director, after finding any violation of the Act, a regulation promulgated under the Act, or order of the director or board, or upon direction from the board, may recomm…

A. This chapter is promulgated by the Virginia Gas and Oil board pursuant to § 45.2-1614 of the Code of Virginia. B. All field rules and orders issued pursuant to the provisions of the Oil and Gas Act of 1982, Chapter 22 (§ 45.1- 286 et seq.) of Title 45.1 of the Code of Virginia…

A. Deviation tests. 1. An inclination survey shall be made on all rotary drilled wells located in accordance with a field rule established by the board. An inclination survey is not required for wells drilled in accordance with the distance limitations of § 45.2-1616 of the Code …

(Repealed.)

A. The Virginia Gas and Oil Board shall meet on the third Tuesday of each calendar month unless no action is required by the board or unless otherwise scheduled by the board. All hearings shall be scheduled in accordance with the requirements for notice by publication in § 45.2-1…

A. Each applicant for a hearing to establish an exception to statewide spacing under § 45.2-1616 of the Code of Virginia shall provide notice by electronic mail, by certified mail, return receipt requested, or by another commercial carrier including Federal Express and United Par…

Each application filed under § 45.2-1619 of the Code of Virginia to establish or modify a field rule, a drilling unit or drilling units shall contain: 1. The name and address of the applicant and the applicant's counsel, if any; 2. In the case of an application to vacate or amend…

Applications for an exception to statewide spacing under § 45.2-1616 of the Code of Virginia or under a field rule issued by the board shall contain the following: 1. The name and address of the applicant and the applicant's counsel, if any; 2. In the case of an application for a…

A. Applications filed under § 45.2-1620 of the Code of Virginia to pool interests in a drilling unit for conventional gas or oil or for coalbed methane gas where there are no conflicting claims to ownership of the coalbed methane gas, except as provided for in subsection B of thi…

In addition to the information required in 4VAC25-160-70 of this chapter, applications filed under § 45.2-1622 of the Code of Virginia to pool interests in a drilling unit for coalbed methane gas where there are conflicting claims to ownership of the coalbed methane gas shall con…

Payment of funds into escrow accounts shall be made in accordance with the standards established in each order of the board requiring such payment. In addition, the unit operator of a drilling unit subject to a voluntary pooling agreement may petition the board under 4VAC25-160-1…

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise. "Accrued interest" means funds accrued during the preceding 36 months on total proceeds held in the general escrow account. Accrued interes…

Pursuant to § 45.2-1623 of the Code of Virginia, the determination of the arbitrator shall be in writing and sent to the board and each party to whom notice is required to be given. The determination shall include, at a minimum, a finding of facts and an explanation for the basis…

There shall be no direct communication between the claimants and the arbitrator concerning the merits of the dispute other than at the arbitration hearing. If an ex parte communication occurs between a party and the arbitrator outside of the arbitration hearing, the arbitrator sh…

Arbitrators shall be paid at the rate of no more than $250 per hour. Expenses of the arbitrator incurred during the course of the arbitration shall be reimbursed in accordance with the State Travel Regulations prescribed by the Department of Accounts. Arbitrators shall submit a c…

Within 30 days of receipt of an affidavit from the claimants affirming the determination, the operator shall petition the board for disbursement pursuant to subdivision 5 of § 45.2-1622 of the Code of Virginia.Statutory Authority§ 45.2-103 of the Code of Virginia.

Arbitrations shall be funded from accrued interest. The department shall determine on a case-by-case basis if sufficient funds exist to conduct an arbitration. Sufficiency of funds shall be determined by the amount of accrued interest available at the time arbitration is requeste…

The department shall review all applications from potential arbitrators pursuant to § 45.2-1623 of the Code of Virginia. Applications shall be submitted on a form prescribed by the department. In order to qualify, applicants must demonstrate substantial expertise in mineral title…

Claimants shall submit their request of arbitration to the board on a form prescribed by the department. Claimants shall also provide an affidavit pursuant to § 45.2-1623 of the Code of Virginia.Statutory Authority§ 45.2-103 of the Code of Virginia.

In addition to the limitations set forth in § 45.2-1623 of the Code of Virginia, an arbitrator may not hear an arbitration if the arbitrator is related to one of the claimants, has a personal interest in the subject of the arbitration, or if other circumstances exist that might a…

The arbitrator shall determine an appropriate time and place for the arbitration. The arbitration shall take place in the jurisdiction where the majority of the subject tract is located, unless all claimants agree to an alternate location. Notice to claimants shall be given pursu…

Any request for postponement may be granted by the arbitrator if all claimants consent, or if good cause for a postponement is shown to the satisfaction of the arbitrator. Requests for postponement for cause should be made to the arbitrator at least 15 days before the hearing, un…

Pursuant to §§ 8.01-581.06 and 45.2-1623 of the Code of Virginia, the arbitrator may issue subpoenas, administer oaths, and take depositions. Additionally, any documents a claimant intends to introduce at the arbitration must be shared with the opposing claimant and the arbitrato…

If, pursuant to § 45.2-1623 of the Code of Virginia, the claimants agree that the arbitrator may take longer than six months from the date the board ordered the arbitration to render a determination, the arbitrator shall notify the board of this extension.Statutory Authority§ 45.…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Bottom hole temperature" means the highest temperature measured in the well or bore hole. It is normally attained directly adjacent to the pr…

A. In order to foster geothermal utilization, prevent waste, protect correlative rights, safeguard the natural environment, and promote geothermal resource conservation and management, the department may designate geothermal areas, require well spacing and unitization, and allow …

A. 1. Before any person shall engage in drilling for geothermal resources or construction of a geothermal well in Virginia, such person shall give bond with surety acceptable to the division director and payable to the Commonwealth. At the election of the permit applicant, a cash…

The notification of intent to proceed with geothermal production or injection as required by 4VAC25-170-30 must be accompanied by (i) an operations plan, (ii) a geothermal fluid analysis, and (iii) a proposal for injection of spent fluids. 1. The operations plan shall become part…

A. Every person drilling for geothermal resources in Virginia, or operating, owning, controlling or in possession of any well as defined herein, shall post and keep posted in a conspicuous place on or near the well a sign showing the name of the person, firm, company, corporation…

A. 1. During the drilling and production phases of every well, the owner, operator, or designated agent responsible for the conduct of drilling operations shall keep at the well an accurate record of the well's operations as outlined in subsection C of this section. These records…

A. 1. Groundwater shall be monitored through special monitoring wells or existing water wells in the area of impact, as determined by the department. 2. Monitoring shall be performed and reported to the division director daily on both water quality and piezometric head for the fi…

A. Notification of intent to abandon any exploration, production, or injection well shall be submitted to the division director at least 48 hours before the beginning of plugging operations. When notification of intent to abandon an exploratory, production, or injection well is r…

A. In the absence of coverage by any other section of this chapter, the department shall require operations under this chapter to be conducted so as not to pollute land, water, or air. Federal and state air and water quality standards shall be followed unless more stringent requi…

(Repealed.)

A. Applicants shall possess one year of electrical experience in underground coal mining under the direction of a certified underground electrical repairman or appropriately related work experience approved by the chief. B. Applicants shall pass the underground electrical repairm…

A. Applicants shall possess one year of electrical experience in surface coal mining under the direction of a certified surface electrical repairman or appropriately related work experience approved by the chief. B. Applicants shall pass the surface electrical repairman and gas d…

A. Applicants shall hold a valid electrical repairman certification prior to being eligible to take the appropriate electrical maintenance foreman examination and shall pass the appropriate electrical maintenance foreman examination. B. Applicants shall possess three years electr…

A. Applicants shall hold a valid electrical repairman certification prior to being eligible to take the appropriate electrical maintenance foreman examination and shall pass the electrical maintenance foreman examination. B. Applicants shall possess three years electrical experie…

A. Applicants shall hold a valid electrical repairman and electrical maintenance foreman certification prior to being eligible to take the chief electrician examination and shall pass the appropriate chief electrician examination. B. Applicants shall possess five years electrical…

A. Applicants shall hold a valid electrical repairman and electrical maintenance foreman certification prior to being eligible to take the chief electrician examination and shall pass the appropriate chief electrician examination. B. Applicants shall possess five years electrical…

A. Applicants shall possess two years of practical mining experience and one year of hoisting experience under the direction of a certified hoisting engineer or appropriately related work experience approved by the chief. A certified hoisting engineer shall verify the hoisting ex…