§22C-8-1. Declaration of Public Policy; Legislative Findings
(a) It is hereby declared to be the public policy of this state and in the public interest to: (1) Ensure the safe recovery of coal and gas;
§22C-8-10. Establishment of Drilling Units; Hearings; Orders
(a) At the time and place fixed by the chair for the meeting of the board and for consideration of an application to establish a drilling unit, the applicant shall present proof that the drilling location on the proposed drilling unit has been agreed to by all of the owners of the coal seams underlying […]
§22C-8-11. Pooling of Interests in a Drilling Unit; Limitations
(a) Whenever the board establishes a drilling unit pursuant to the provisions of sections nine and ten of this article, the order establishing such drilling unit shall include an order pooling the separately owned interests in the gas to be produced from such drilling unit. (b) If a voluntary pooling agreement has been reached between […]
§22C-8-12. Effect of Order Establishing Drilling Unit or Pooling of Interests; Recordation
(a) An order issued by the board establishing a drilling unit and ordering the pooling of interests therein shall not entitle the gas operator designated in such order to drill a well on such drilling unit until such gas operator shall have received a drilling permit in accordance with the provisions applicable to alternative drilling […]
§22C-8-13. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Board
(a) Any person adversely affected by an order of the board shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth […]
§22C-8-14. Operation on Drilling Units
All operations including, but not limited to, the commencement, drilling or operation of a well upon a drilling unit for which a pooling order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the drilling unit by the several owners thereof. That portion of […]
§22C-8-15. Validity of Unit Agreements
No agreement between or among gas operators, lessees or other owners of gas rights in gas properties, entered into pursuant to the provisions of this article or with a view to or for the purpose of bringing about the unitized development or operation of such properties, shall be held to violate the statutory or common […]
§22C-8-16. Injunctive Relief
(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any rule promulgated by the board hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court […]
§22C-8-17. Penalties
(a) Any person who violates any provision of this article, any of the rules promulgated by the board hereunder or any order of the board other than a violation governed by the provisions of subsection (b) of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than […]
§22C-8-18. Construction
This article shall be liberally construed so as to effectuate the declaration of public policy set forth in section one of this article.
§22C-8-19. Rules, Orders and Permits Remain in Effect
The rules promulgated and all orders and permits in effect upon the effective date of this article pursuant to the provisions of article seven, of former chapter twenty-two of this code shall remain in full force and effect as if such rules, orders and permits were adopted by the board continued in this article but […]
§22C-8-2. Definitions
As used in this article: (1) "Board" means the Shallow Gas Well Review Board provided for in section four of this article;
§22C-8-3. Application of Article; Exclusions
(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, under which a coal seam as defined in section two of this article and section one, article six, chapter twenty-two of this code, is located, however owned, including any lands owned […]
§22C-8-4. Shallow Gas Well Review Board; Membership; Method of Appointment; Vacancies; Compensation and Expenses; Staff
(a) There is hereby continued the "Shallow Gas Well Review Board" which shall be composed of three members, two of whom shall be the commissioner and the chief of the office of oil and gas. The remaining member of the board shall be a registered professional who has been successfully tested in mining engineering, with […]
§22C-8-5. Same — Meetings; Notice; General Powers and Duties
(a) The board shall meet and hold conferences and hearings at such times and places as shall be designated by the chair. The chair may call a meeting of the board at any time. The chair shall call a meeting of the board (1) upon receipt of a notice from the director that an objection […]
§22C-8-6. Rules; Notice Requirements
(a) The board may promulgate, pursuant to the provisions of chapter twenty-nine-a of this code, such reasonable rules as are deemed necessary or desirable to implement and make effective the provisions of this article. (b) Notwithstanding the provisions of section two, article seven, chapter twenty-nine-a of this code, any notice required under the provisions of […]
§22C-8-7. Objections to Proposed Drilling; Conferences; Agreed Locations and Changes on Plats; Hearings; Orders
(a) At the time and place fixed by the chair for the meeting of the board and for consideration of the objections to proposed drilling filed by coal seam owners pursuant to section seventeen, article six, chapter twenty-two of this code, the well operator and the objecting coal seam owners present or represented shall hold […]
§22C-8-8. Distance Limitations
(a) If the well operator and the objecting coal seam owners present or represented at the time and place fixed by the chair for consideration of the objections to the proposed drilling location are unable to agree upon a drilling location, then the written order of the board shall direct the director to refuse to […]
§22C-8-9. Application to Establish a Drilling Unit; Contents; Notice
(a) Whenever the board has issued an order directing the director to refuse a drilling permit, the gas operator may apply to the board for the establishment of a drilling unit encompassing a contiguous tract or tracts if such gas operator believes that such a drilling unit will afford one well location for the production […]