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West Virginia Injection Control Permit (14-WV-c)

Information current as of 2024
In West Virginia, a developer may need an Underground Injection Control (UIC) Permit from the West Virginia Department of Environmental Protection for a geothermal project. Class V injection wells are defined to include those associated with the recovery of geothermal energy for heating, aquaculture and the production of electric power. W.V. Admin. Code R. § 47-13-4.5.4. Class V wells are used to place a variety of fluids directly below the land surface, including geothermal fluids. The West Virginia Department of Environmental Protection regulates underground injection control permits pursuant to W.V. Code § 22-11-8(B)(7).



Injection Control Permit Process


14-WV-c.1 to 14-WV-c.3 - Does the Class V Well Qualify for a Permit by Rule?

Class V injection wells may qualify for a permit by rule unless the WVDEP finds that a class V well may cause a violation of primary drinking water rules or may be otherwise adversely affecting the health of persons. W.V. Admin. Code R. § 47-13-14.1.

A permit may also be required in other circumstances, which include but are not limited to:

  • The injection well is not in compliance with any requirement of the rule;
  • The injection well is not or no longer is within the category of wells and types of well operations authorized in the rule;
  • The protection of USDWs requires that the injection operation be regulated by requirements, such as for corrective action, monitoring and reporting, or operation, which are not contained in the rule; and

A developer must apply for a Class V injection permit if they intend to use geothermal energy for heating or the production of electric power utilizing a well. W.V. Admin. Code R. § 47-13-4.5.4, 14.3.1.

A Class V application shall include:

  • Well and or facility name and location;
  • Name and address of legal contact;
  • Ownership of well and/ or facility;
  • Operator Information;
  • Prior permits pertaining to the facility;
  • Latitude and longitude of well locations;
  • Nature and type of injection well(s); and

The developer must submit the above information on West Virginia - Form WW-3(B), “Liquid Injection or Waste Disposal Well Work Permit Application”.

14-WV-c.4 to 14-WV-c.5 - Review Application for Completeness

The West Virginia Department of Environmental Protection shall review the application for technical and administrative completeness. W.V. Admin. Code R. § 47-13-14.10.3.

A developer, after submitting an application, shall be notified of the WVDEP's decision within 60 days of receipt of the complete notice and application. WV. Admin. Code tit. 35, Ser. IV, §5.2.i.

If an application is incomplete the WVDEP may list the information necessary to make the application complete. The WVDEP may also request additional information for an application when it is necessary to clarify, modify, or supplement previously submitted information. WV. Admin. Code tit. 35, Ser. IV, §5.

14-WV-c.6 to 14-WV-c.7 – Draft Permit

The West Virginia Department of Environmental Protection must prepare a Draft Permit and provide public notice of the Draft Permit. W.V. Admin. Code R. § 47-13-14.32. The Draft Permit must include all conditions, compliance schedules, and monitoring requirements required for the permit. W.V. Admin. Code R. § 47-13-14.32. The WVDEP may also be required to include a fact sheet with the Draft Permit. W.V. Admin. Code R. § 47-13-14.31.

The WVDEP must provide least 30 days of public notice for each of the following actions:

  • A draft permit has been prepared; or
  • A hearing time has been scheduled.

People to be mailed a copy of the notice include:

  • The Applicant;
  • Any other agency including the EPA required to issues a RCRA, PSD, or NPDES permit for the same facility or activity;
  • Federal and state agencies with jurisdiction over fish and wildlife resources, public health, the State historic Preservation Unit of the Department of Culture and History;
  • Those requesting to be included in writing;
  • Persons solicited from an “area list” from participants in past permit proceedings in the area;
  • Periodic publication in the press;
  • Each agency having authority under state law with respect to the construction or operation of the facility. W.V. Admin. Code R. § 47-13-14.24.

The notice must include, at minimum, the information required by W.V. Admin. Code R. § 47-13-14.25.

14-WV-c.8 – Submit Public Comments

Any interested person may submit public comments on the Draft Permit and can request a public hearing if one has not already been scheduled. W.V. Admin. Code R. § 47-13-14.26.

14-WV-c.9 - Hold Public Hearing (Optional)

The West Virginia Department of Environmental Protection shall hold a public hearing

If on the basis of requests there is a significant degree of public interest relevant to the draft permit. The West Virginia Department of Environmental Protection must also collect comments on the draft permit from the public. W.V. Admin. Code R. § 47-13-14.26.

14-WV-c.10 - Reopen Public Comment Period (If Applicable)

The West Virginia Department of Environmental Protection may reopen the public comment period if information submitted during the public comment period raise new substantial questions.

The director may require the Applicant to:

  • Prepare a new draft permit;
  • Prepare a revised fact sheet; or
  • Reopen or extend a public comment period.

Comments in a reopened comment period shall be limited to the substantial new questions raised in the prior comment period. W.V. Admin. Code R. § 47-13-14.29.

14-WV-c.11 to 14-WV-c.12- Review Application for Approval

The West Virginia Department of Environmental Protection must review the Application for approval. Class V injection wells must meet the technical criteria and standards set forth in W.V. Admin. Code R. § 47-13-12.

14-WV-c.13 - UIC Permit

Each UIC Permit may include both conditions required for all UIC permits as well as additional conditions that the WVDEP determines are necessary for a particular permit on a case-by-case basis. W.V. Admin. Code R. § 47-13-14.7. Class V UIC Permits are effective for a fixed term not to exceed five (5) years. W.V. Admin. Code R. § 47-13-14.13.


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