(c)"Plugging, sealing and capping upon abandonment" means
any hole drilled shall be abandoned in the following manner:
(i)"Plugging". All artesian flow of ground water to
surface shall be eliminated by a cement plug or other similar
material sufficient to prevent such artesian flow;
(ii)"Sealing". Drill holes which have encountered
any ground water shall be sealed by leaving a column of drilling
mud in the hole or by such other sealing procedure which is
adequate to prevent fluid communication between aquifers;
(iii)"Surface Cap". Each drill hole is to be
completely filled to the collar of the hole or securely capped
at a minimum depth of two (2) feet below either the original
land surface or the collar of the hole, whichever is at the
lower elevation. If capped, the cap is to be made
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(c) "Plugging, sealing and capping upon abandonment" means
any hole drilled shall be abandoned in the following manner:
(i) "Plugging". All artesian flow of ground water to
surface shall be eliminated by a cement plug or other similar
material sufficient to prevent such artesian flow;
(ii) "Sealing". Drill holes which have encountered
any ground water shall be sealed by leaving a column of drilling
mud in the hole or by such other sealing procedure which is
adequate to prevent fluid communication between aquifers;
(iii) "Surface Cap". Each drill hole is to be
completely filled to the collar of the hole or securely capped
at a minimum depth of two (2) feet below either the original
land surface or the collar of the hole, whichever is at the
lower elevation. If capped, the cap is to be made of concrete
or other material satisfactory for such capping. The hole shall
be backfilled above the cap to the original land surface;
(iv) "Water Well". If any holes drilled are to be
ultimately used as or converted to water wells, the user shall
comply with the applicable provisions of W.S. 41-3-911 through
41-3-938;
(v) "Surface Restoration". Each drill site shall be
restored as nearly as possible to its original condition,
including reseeding if grass or other crop was destroyed.
(d) Within sixty (60) days after the completion and
abandonment of any hole drilled which has artesian flow at the
surface, the person for whom the hole was drilled shall report
the existence of the hole to the administrator, land quality
division and the state engineer. The report, set forth in
affidavit form, shall contain at least the location of the hole
to the nearest two hundred (200) feet, the depth of the hole and
estimated rate of flow, if known, and the facts of the plugging
technique used.
(e) Within twelve (12) months after the completion and
proper abandonment of any hole drilled any person shall file
with the administrator, land quality division and the state
engineer a report which shall include the location of each hole,
utilizing Wyoming state plane coordinates, and the depth of each
hole drilled. The reports shall be confidential for a period of
five (5) years from the date of filing. The period may be
extended for additional five (5) year periods upon request of
the person filing the report. When a report is no longer
confidential pursuant to this subsection, the provisions of W.S.
35-11-1101 shall apply.
(f) Where plugging reports are required to conform with
federal regulations, and if such reports cover all the
requirements of this section, they are adequate for the purposes
described herein.
(g) Except for drilling in conjunction with coal mining or
coal exploration operations, the director in consultation with
the administrator, land quality division, may waive any of the
administrative provisions of this act pertaining to aquifers
following a formal written application for a waiver of any
particular provisions, if in the opinion of the director waiver
of any such provisions shall not adversely affect the interests
of the state of Wyoming and would create an undue hardship upon
application. Waivers shall be in writing and may be appealed
under the provisions of the Wyoming Administrative Procedure
Act.
(h) The drill hole should be capped immediately following
the drilling and probing. If it is necessary to temporarily
delay the capping or keep the hole open for any reason, the
drill hole must be securely covered in a manner which will
prevent injury to persons or animals.
(j) Before drilling on lands within the state of Wyoming,
any person conducting coal exploration operations shall give
notice to the administrator which shall, at a minimum include a
legal description of the area, the approximate number of holes
to be drilled and a reclamation plan for proper abandonment in
accordance with regulations promulgated by the council. This
excludes drilling within an existing permit area approved prior
to August 3, 1977.
(k) Except as follows, any person who fails or refuses to
comply with the provisions of this section is guilty of a
misdemeanor and on conviction is subject to imprisonment in a
county jail for not more than ninety (90) days or a fine of not
more than five thousand dollars ($5,000.00), or both. Any
person who drills in conjunction with coal mining or coal
exploration operations in violation of this section or
regulations promulgated pursuant hereto is subject to the
provisions of W.S. 35-11-901.
(m) When exploratory drill holes have been abandoned in
violation of these provisions, the director in consultation with
the administrator, land quality division may then cause such
holes to be capped, sealed or plugged and the state of Wyoming
is granted a cause of action against the person refusing to
comply with the provisions of this section for the recovery of
the reasonable costs incurred by the director in having the
holes properly capped, sealed or plugged.
(n) All actions pursuant to subsection (k) or (m) of this
section, must be initiated by the state of Wyoming within three
(3) years of the date of the report required by subsection (d)
of this section.