{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1642.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1642.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1642.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1642.html"}],"law_id":60443,"edition_id":1,"section_id":60443,"structure_id":15425,"section_number":"45.2-1642","catch_line":" Orphaned Well Fund; orphaned wells","history":"1990, c. 92, \u00a7 45.1-361.40; 2017, c. 18; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThere is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Well Fund, referred to in this section as “the Fund.” All moneys appropriated to it and any surcharges collected pursuant to subsection D shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. The Fund shall be established on the books of the Comptroller. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys from the Fund shall be used solely for purposes of restoration and plugging of orphaned wells. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director or his designee.B\n\nThe Director shall conduct a survey to determine the condition and location of orphaned wells in the Commonwealth. He shall establish priorities for the plugging and restoration of the identified orphaned wells. The plugging and restoration of orphaned well sites that pose an imminent danger to public safety shall have the highest priority.C\n\nIn performing his duties under this section, the Director shall make every reasonable effort to identify and obtain the permission of a surface owner prior to entering onto the surface owner’s land. In all cases, the Director shall as soon as practicable cause to be published in a newspaper of general circulation in the county or city wherein an orphaned well is located a notice of the proposed plugging and restoration work to be conducted on the property.D\n\nEach operator who applies for a new permit for any activity other than geophysical operations shall pay a $200 surcharge per permit into the Fund. Such surcharge shall continue until the Director determines that all orphaned wells in the Commonwealth are properly plugged and their sites are properly stabilized.E\n\nIn the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be placed in the Gas and Oil Plugging Restoration Fund created pursuant to § 45.2-1634.","order_by":null,"text":{"0":{"id":221007,"text":"There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Well Fund, referred to in this section as “the Fund.” All moneys appropriated to it and any surcharges collected pursuant to subsection D shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. The Fund shall be established on the books of the Comptroller. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys from the Fund shall be used solely for purposes of restoration and plugging of orphaned wells. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director or his designee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221008,"text":"The Director shall conduct a survey to determine the condition and location of orphaned wells in the Commonwealth. He shall establish priorities for the plugging and restoration of the identified orphaned wells. The plugging and restoration of orphaned well sites that pose an imminent danger to public safety shall have the highest priority.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221009,"text":"In performing his duties under this section, the Director shall make every reasonable effort to identify and obtain the permission of a surface owner prior to entering onto the surface owner’s land. In all cases, the Director shall as soon as practicable cause to be published in a newspaper of general circulation in the county or city wherein an orphaned well is located a notice of the proposed plugging and restoration work to be conducted on the property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221010,"text":"Each operator who applies for a new permit for any activity other than geophysical operations shall pay a $200 surcharge per permit into the Fund. Such surcharge shall continue until the Director determines that all orphaned wells in the Commonwealth are properly plugged and their sites are properly stabilized.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221011,"text":"In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be placed in the Gas and Oil Plugging Restoration Fund created pursuant to § 45.2-1634.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15425,"edition_id":1,"name":"Regulation of Gas and Oil Development and Production","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:54:49","date_modified":"2026-06-26 03:54:49","permalink":{"id":224797,"object_type":"structure","relational_id":15425,"identifier":"3","token":"45.2\/IV\/16\/3","url":"\/45.2\/IV\/16\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58734,"structure_id":15425,"section_number":"45.2-1629","catch_line":" Duties, responsibilities, and authority of the Director","url":"\/45.2-1629\/","token":"45.2\/IV\/16\/3\/45.2-1629","metadata":false},{"id":67412,"structure_id":15425,"section_number":"45.2-1630","catch_line":" Powers, duties, and responsibilities of the Inspector","url":"\/45.2-1630\/","token":"45.2\/IV\/16\/3\/45.2-1630","metadata":false},{"id":69690,"structure_id":15425,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","url":"\/45.2-1631\/","token":"45.2\/IV\/16\/3\/45.2-1631","metadata":false},{"id":65415,"structure_id":15425,"section_number":"45.2-1632","catch_line":" Notice of permit applications and permit modification applications required; content","url":"\/45.2-1632\/","token":"45.2\/IV\/16\/3\/45.2-1632","metadata":false},{"id":71051,"structure_id":15425,"section_number":"45.2-1633","catch_line":" Bonding and financial security required","url":"\/45.2-1633\/","token":"45.2\/IV\/16\/3\/45.2-1633","metadata":false},{"id":71561,"structure_id":15425,"section_number":"45.2-1634","catch_line":" Gas and Oil Plugging and Restoration Fund","url":"\/45.2-1634\/","token":"45.2\/IV\/16\/3\/45.2-1634","metadata":false},{"id":86870,"structure_id":15425,"section_number":"45.2-1635","catch_line":" Expiration of permits","url":"\/45.2-1635\/","token":"45.2\/IV\/16\/3\/45.2-1635","metadata":false},{"id":77799,"structure_id":15425,"section_number":"45.2-1636","catch_line":" Abandonment or cessation of well or corehole operation; plugging required","url":"\/45.2-1636\/","token":"45.2\/IV\/16\/3\/45.2-1636","metadata":false},{"id":76183,"structure_id":15425,"section_number":"45.2-1637","catch_line":" Objections to permits; hearing","url":"\/45.2-1637\/","token":"45.2\/IV\/16\/3\/45.2-1637","metadata":false},{"id":83420,"structure_id":15425,"section_number":"45.2-1638","catch_line":" Appeals of Director's decisions to the Board","url":"\/45.2-1638\/","token":"45.2\/IV\/16\/3\/45.2-1638","metadata":false},{"id":84931,"structure_id":15425,"section_number":"45.2-1639","catch_line":" Persons required to register; designated agents","url":"\/45.2-1639\/","token":"45.2\/IV\/16\/3\/45.2-1639","metadata":false},{"id":59598,"structure_id":15425,"section_number":"45.2-1640","catch_line":" Report of permitted activities and production required; contents","url":"\/45.2-1640\/","token":"45.2\/IV\/16\/3\/45.2-1640","metadata":false},{"id":81636,"structure_id":15425,"section_number":"45.2-1641","catch_line":" Developing a gas or oil well as a water well","url":"\/45.2-1641\/","token":"45.2\/IV\/16\/3\/45.2-1641","metadata":false},{"id":60443,"structure_id":15425,"section_number":"45.2-1642","catch_line":" Orphaned Well Fund; orphaned wells","url":"\/45.2-1642\/","token":"45.2\/IV\/16\/3\/45.2-1642","metadata":false},{"id":78314,"structure_id":15425,"section_number":"45.2-1643","catch_line":" Interference by injection wells with groundwater supply","url":"\/45.2-1643\/","token":"45.2\/IV\/16\/3\/45.2-1643","metadata":false},{"id":75577,"structure_id":15425,"section_number":"45.2-1644","catch_line":" Safety in coalbed methane gas, oil, and geophysical operations","url":"\/45.2-1644\/","token":"45.2\/IV\/16\/3\/45.2-1644","metadata":false}],"previous_section":{"id":81636,"structure_id":15425,"section_number":"45.2-1641","catch_line":" Developing a gas or oil well as a water well","url":"\/45.2-1641\/","token":"45.2\/IV\/16\/3\/45.2-1641","metadata":false},"next_section":{"id":78314,"structure_id":15425,"section_number":"45.2-1643","catch_line":" Interference by injection wells with groundwater supply","url":"\/45.2-1643\/","token":"45.2\/IV\/16\/3\/45.2-1643","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1642\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2017, chapter 18<\/a>.<\/p>","references":false,"refers_to":[{"id":71561,"section_number":"45.2-1634","catch_line":" Gas and Oil Plugging and Restoration Fund","order_by":null,"url":"\/45.2-1634\/"}],"permalink":{"id":224851,"object_type":"law","relational_id":60443,"identifier":"45.2-1642","token":"45.2\/IV\/16\/3\/45.2-1642","url":"\/45.2-1642\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1642\/","token":"45.2\/IV\/16\/3\/45.2-1642","dublin_core":{"Title":" Orphaned Well Fund; orphaned wells","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1642","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created in the state treasury a special nonreverting fund to be known as the Orphaned Well<\/span> Fund, referred to in this section as “the Fund.” All moneys appropriated to it and any surcharges collected pursuant to subsection D shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. The Fund shall be established on the books of the Comptroller. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys from the Fund shall be used solely for purposes of restoration<\/span> and plugging of orphaned wells<\/span>. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director<\/span> or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> shall conduct a survey to determine the condition and location of orphaned wells<\/span> in the Commonwealth. He shall establish priorities for the plugging and restoration<\/span> of the identified orphaned wells<\/span>. The plugging and restoration<\/span> of orphaned well<\/span> sites that pose an imminent danger to public safety shall have the highest priority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In performing his duties under this section, the Director<\/span> shall make every reasonable effort to identify and obtain the permission of a surface owner<\/span> prior to entering onto the surface owner<\/span>’s land. In all cases, the Director<\/span> shall as soon as practicable cause to be published in a newspaper of general circulation in the county or city wherein an orphaned well<\/span> is located a notice of the proposed plugging and restoration<\/span> work to be conducted on the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each operator who applies for a new permit for any activity other than geophysical operations<\/span> shall pay a $200 surcharge per permit into the Fund. Such surcharge shall continue until the Director<\/span> determines that all orphaned wells<\/span> in the Commonwealth are properly plugged and their sites are properly stabilized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event of a discontinuance of the Fund, any amounts remaining in the Fund shall be placed in the Gas<\/span> and Oil<\/span> Plugging Restoration<\/span> Fund created pursuant to § 45.2-1634<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n ORPHANED WELL FUND; ORPHANED WELLS (\u00a7 45.2-1642)\n\nA. There is hereby created in the state treasury a special nonreverting fund to\nbe known as the Orphaned Well Fund, referred to in this section as “the\nFund.” All moneys appropriated to it and any surcharges collected pursuant\nto subsection D shall be paid into the state treasury and credited to the Fund.\nInterest earned on moneys in the Fund shall remain in the Fund and be credited\nto it. The Fund shall be established on the books of the Comptroller. Any moneys\nremaining in the Fund, including interest thereon, at the end of each fiscal\nyear shall not revert to the general fund but shall remain in the Fund. Moneys\nfrom the Fund shall be used solely for purposes of restoration and plugging of\norphaned wells. Expenditures and disbursements from the Fund shall be made by\nthe State Treasurer on warrants issued by the Comptroller upon written request\nsigned by the Director or his designee.\n\nB. The Director shall conduct a survey to determine the condition and location\nof orphaned wells in the Commonwealth. He shall establish priorities for the\nplugging and restoration of the identified orphaned wells. The plugging and\nrestoration of orphaned well sites that pose an imminent danger to public safety\nshall have the highest priority.\n\nC. In performing his duties under this section, the Director shall make every\nreasonable effort to identify and obtain the permission of a surface owner prior\nto entering onto the surface owner’s land. In all cases, the Director\nshall as soon as practicable cause to be published in a newspaper of general\ncirculation in the county or city wherein an orphaned well is located a notice\nof the proposed plugging and restoration work to be conducted on the property.\n\nD. Each operator who applies for a new permit for any activity other than\ngeophysical operations shall pay a $200 surcharge per permit into the Fund. Such\nsurcharge shall continue until the Director determines that all orphaned wells\nin the Commonwealth are properly plugged and their sites are properly\nstabilized.\n\nE. In the event of a discontinuance of the Fund, any amounts remaining in the\nFund shall be placed in the Gas and Oil Plugging Restoration Fund created\npursuant to § 45.2-1634.\n\nHISTORY: 1990, c. 92, \u00a7 45.1-361.40; 2017, c. 18; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}