State Codes and Statutes
Statutes > Virginia > Title-45-1 > Chapter-22-1 > 45-1-361-40§ 45.1-361.40. Orphaned Well Fund; orphaned wells.
A. The Orphaned Well Fund is hereby established as a non-lapsing revolvingfund to be administered by the Department pursuant to the provisions of thissection. The Orphaned Well Fund shall consist of such moneys as areappropriated to it by the General Assembly. Interest earned on the OrphanedWell Fund shall be credited to the Orphaned Well Fund. The Orphaned Well Fundshall be established on the books of the Comptroller and any funds remainingin it at the end of the biennium shall not revert to the general fund butshall remain in the Orphaned Well Fund. In the event of a discontinuance ofthe Orphaned Well Fund, any amounts remaining in it shall be placed in theGas and Oil Plugging Restoration Fund. Moneys from the Orphaned Well Fundshall be used only for purposes of restoration and plugging of orphaned wells.
B. The Director shall conduct a survey to determine the condition andlocation of orphaned wells in the Commonwealth. He shall establishpriorities for the plugging and restoration of the identified orphaned wells. The plugging and restoration of orphan well sites which pose an imminentdanger to public safety shall have the highest priority.
C. In performing his duties under this section, the Director shall make everyreasonable effort to identify and obtain the permission of a surface ownerprior to entering onto the surface owner's land. In all cases, the Directorshall as soon as practicable cause to be published in a newspaper of generalcirculation in the county or city wherein an orphaned well is located anotice of the proposed plugging and restoration work to be conducted on theproperty.
D. Each operator who applies for a new permit for any activity other thangeophysical operations shall pay a fifty dollar surcharge per permit into theOrphaned Well Fund. Such surcharge shall continue until the Directordetermines all orphaned wells in the Commonwealth are properly plugged andtheir sites are properly stabilized.
(1990, c. 92.)
