§ 30-5-128 — Unitization of areas to restore or enhance the microbial conversion of hydrocarbon substrates to methane gas; purposes; application; contents

(a) Any interested person may file an application with the
commission requesting an order authorizing well and reservoir
injections to restore or enhance the microbial conversion of
hydrocarbon substrates to methane gas. The application may be
on an individual lease or drilling and spacing unit basis or, at
the applicant's election, on a unit basis pursuant to W.S.
30-5-109 and 30-5-110. If the application is on a unit basis,
the applicant shall provide for the operation and organization
of a unit or units of the optimal size and shape necessary to
prevent waste and protect correlative rights and shall provide
for the pooling of interests in a specific geologic formation in
the proposed unit area for the purpose of conducting the
injections. The application shall contain all of the elements
set forth in W.S. 30-5-110(c) through (g). The application shall
demonstrate that the applicant has a legally binding commitment
to plug and abandon all wells not later than sixty (60) days
prior to their intersection with an active surface or
conventional underground coal mine. Injections authorized by
this section shall not be deemed in situ mining as defined in
W.S. 35-11-103(f)(iv).
(b) Applications under this section shall contain the
following with respect to the proposed operating plan:
(i) Evidence that groundwater in the proposed
formation intervals will not be adversely influenced by the
injections and that the operations shall at all times be in
compliance with applicable groundwater quality regulations and
underground injection control program requirements. An
applicant shall comply with this paragraph by:
(A) Obtaining from the commission, after the
commission has adopted class II rules implementing this section
and after providing notice of the application to all groundwater
permit holders within one-half (1/2) mile of each injection well
or the area of review, whichever is larger, a class II well
permit demonstrating that the groundwater will not be degraded
and will be in compliance with the federal Safe Drinking Water
Act, and that for each injection zone the underground ambient
water quality class of use as defined by the department of
environmental quality will not be violated by the injections; or
(B) Obtaining a class V well permit from the
Wyoming department of environmental quality.
(c) Upon the filing of an application under this section,
the commission shall promptly set the matter for hearing. In
addition to any notice required by law or commission rules, the
commission shall give notice of the hearing by certified mail to
all persons owning or having an interest in coal or its
production in the proposed application area. The notice shall
be mailed at least thirty (30) days before the hearing, shall
specify the time and place of hearing and shall describe briefly
the purpose of the hearing and the land affected.
(d) Following the hearing, the commission shall enter an
order setting forth findings and approving the application if
the commission finds that the provisions of W.S. 30-5-109 or
30-5-110 have been met.
(e) The commission, after consultation with the director
of the department of environmental quality, shall adopt class II
rules implementing this section.