reglab/housing_qa huggingface dataset:
WV Code § 22-2-7 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-7. Liens Against Reclaimed Land; Petition by Landowner; Appeal; Priority of Liens

(a) Within six months after the completion of a project to restore, reclaim, abate, control or prevent adverse effects of past coal surface-mining practices on a privately owned land, the director shall itemize the moneys so expended and may file a statement thereof in the office of the clerk of the county commission in the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past coal surface-mining practices, if the moneys so expended result in a significant increase in property value. The statement constitutes a lien upon the land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal surface-mining practices. No lien may be filed against the property of any person in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to, nor participated in, nor exercised control over the mining operation which necessitated the reclamation performed hereunder.(b) The landowner may petition the director within sixty days of the filing of the lien to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal surface-mining practices. The amount reported to be the increase in value of the premises is the amount of lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision may appeal to the circuit court of the county in which the land is located.(c) The statement filed pursuant to subsection (a) of this section is a lien upon the land as of the date of the expenditure of the moneys and has priority as a lien second only to the lien of real estate taxes imposed upon the land.
WV Code § 22-2-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-8. Filling Voids and Sealing Tunnels

(a) The Legislature declares that voids, open and abandoned tunnels, shafts and entryways and subsidence resulting from any previous coal surface-mining operation are a hazard to the public welfare and safety and that surface impacts of any underground or surface-mining operation may degrade the environment. The director is authorized to fill the voids, seal the abandoned tunnels, shafts and entryways, and reclaim surface impacts of underground or surface mines and remove water and other matter from mines which the director determines could endanger life and property, are a hazard to the public welfare and safety or degrade the environment.(b) In those instances where coal mine waste piles are being reworked for conservation purposes, the incremental costs of disposing of the wastes from such operations by filling voids and sealing tunnels may be eligible for funding, if the disposal of those wastes meets the purposes of this article.(c) The director may acquire by purchase, donation, easement or otherwise such interest in land as he or she determines necessary to carry out the provisions of this section.
WV Code § 22-2-9 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-9. General and Miscellaneous Powers and Duties of Director; Cooperative Agreements; Injunctive Relief; Water Treatment Plants and Facilities; Transfer of Funds and Interagency Cooperation

(a) The director is authorized to engage in any work and to do all things necessary and proper, including promulgation of rules, to implement and administer the provisions of this article.(b) The director is authorized to engage in cooperative projects under this article with any other agency of the United States of America, any state, county or municipal agency or subdivision thereof.(c) The director may request the Attorney General, who is hereby authorized to initiate, in addition to any other remedies provided for in this article, in any court of competent jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this article.(d) The director has the authority to construct and operate a plant or any facilities for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That this subsection does not repeal or supersede any portion of the applicable federal or state water pollution control laws and no control or treatment under this section may be less than that required under any applicable federal or state water pollution control law. The construction of any facilities may include major interceptors and other facilities appurtenant to the plant.(e) All departments, boards, commissions and agencies of the state shall cooperate with the director by providing technical expertise, personnel, equipment, materials and supplies to implement and administer the provisions of this article.
WV Code § 22-3-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-1. Short Title

This article shall be known and cited as the Surface Coal Mining and Reclamation Act.
WV Code § 22-3-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-5. Surface Mining Reclamation Supervisors and Inspectors; Appointment and Qualifications; Salary

The director shall determine the number of surface mining reclamation supervisors and inspectors needed to carry out the purposes of this article and appoint them as such. All such appointees shall be qualified civil service employees, but no person is eligible for such appointment until he or she has served in a probationary status for a period of six months to the satisfaction of the director.Every surface mining reclamation supervisor shall be paid not less than $30,000 per year. Every surface mining reclamation inspector shall be paid not less than $25,000 per year.
WV Code § 22-3-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training

Except as otherwise provided in this article, surface mining reclamation inspectors and inspectors in training shall make all necessary surveys and inspections of surface mining operations required by the provisions of this article, shall administer and enforce all surface mining laws and rules and shall perform such other duties and services as may be prescribed by the director. Such inspectors shall give particular attention to all conditions of each permit to ensure complete compliance therewith. Such inspectors shall note and describe all violations of this article and immediately report such violations to the director in writing, furnishing at the same time a copy of such report to the operator concerned.
WV Code § 22-3-11a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-11a. Special Reclamation Tax; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax; Application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act

(a) It is the intent of the Legislature to clarify that from the date of its enactment, the special reclamation tax imposed pursuant to the provisions of section eleven of this article is intended to be in addition to any other taxes imposed on persons conducting coal surface mining operations including, but not limited to the tax imposed by section thirty-two of this article, the tax imposed by article twelve-b, chapter eleven of this code, the taxes imposed by article thirteen-a of said chapter eleven and the tax imposed by article thirteen-v of said chapter.(b) Notwithstanding any other provisions of section eleven of this article to the contrary, under no circumstance shall an exemption from the taxes imposed by article twelve-b, thirteen-a or thirteen-v, chapter eleven of this code be construed to be an exemption from the tax imposed by section eleven of this article.(c) When coal included in the measure of the tax imposed by section eleven of this article is exempt from the tax imposed by article twelve-b, chapter eleven of this code, the tax imposed by section eleven of this article shall be paid to the Tax Commissioner in accordance with the provisions of sections four through fourteen, inclusive, article twelve-b, chapter eleven of this code, which provisions are hereby incorporated by reference in this article.(d) General procedure and administration. –- Each and every provision of the "West Virginia Tax Procedure and Administration Act" set forth in article ten, chapter eleven of the code applies to the special tax imposed by section eleven of this article with like effect as if such act were applicable only to the special tax imposed by said section eleven and were set forth in extenso in this article, notwithstanding the provisions of section three of said article ten.(e) Tax crimes and penalties. -– Each and every provision of the "West Virginia Tax Crimes and Penalties Act" set forth in article nine of said chapter eleven applies to the special tax imposed by section eleven of this article with like effect as if such act were applicable only to the special tax imposed by said section eleven and set forth in extenso in this article, notwithstanding the provisions of section two of said article nine.
WV Code § 22-3-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-16. Cessation of Operation by Order of Inspector; Informal Conference; Imposition of Affirmative Obligations; Appeal

(a) Notwithstanding any other provisions of this article, a surface-mining reclamation inspector has the authority to issue a cessation order for any portion of a surface-mining operation when an inspector determines that any condition or practice exists, or that any permittee is in violation of any requirements of this article or any permit condition required by this article, which condition, practice or violation also creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources. The cessation order takes effect immediately. Unless waived in writing, an informal conference shall be held at or near the site relevant to the violation set forth in the cessation order within twenty-four hours after the order becomes effective or such order shall expire. The conference shall be held before a surface-mining reclamation supervisor who shall, immediately upon conclusion of said hearing, determine when and if the operation or portion thereof may resume. Operators who believe they are aggrieved by the decision of the surface-mining reclamation supervisor may immediately appeal to the director, setting forth reasons why the operation should not be halted. The director forthwith shall determine when the operation or portion thereof may be resumed.(b) The cessation order remains in effect until the director determines that the condition, practice or violation has been abated, or until modified, vacated or released by the director. Where the director finds that the ordered cessation of any portion of a surface coal mining operation will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air or water resources, the director shall, in addition to the cessation order, impose affirmative obligations on the operator requiring the operator to take whatever steps the director determines necessary to abate the imminent danger or the significant environmental harm.(c) Any cessation order issued pursuant to this section or any other provision of this article may be released by any inspector. An inspector shall be readily available to terminate a cessation order upon abatement of the violation.
WV Code § 22-3-21 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-21. Decision of Secretary on Permit Application; Hearing Thereon

(a) If an informal conference has been held, the secretary shall issue and furnish the applicant for a permit and persons who were parties to the informal conference with the written finding granting or denying the permit, in whole or in part, and stating the reasons therefor within sixty days of the informal conference, notwithstanding the requirements of subsection (a), section eighteen of this article.(b) If the application is approved, the permit shall be issued. If the application is disapproved, specific reasons therefor must be set forth in the notification. Within thirty days after the applicant is notified of the secretary's decision, the applicant or any person with an interest which is or may be adversely affected may request a hearing before the Surface Mine Board as provided in article one, chapter twenty-two-b of this code to review the secretary's decision.
WV Code § 22-3-26 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-26. Surface Mining Operations Not Subject to Article

The provisions of this article do not apply to any of the following activities:(a) The extraction of coal by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner.(b) The extraction of coal as an incidental part of federal, state, county, municipal or other local government-financed highway or other construction: Provided, That the provisions of the construction contract require the furnishing of a suitable bond which provides for reclamation, wherever practicable, of the area affected by such extraction.
WV Code § 22-3-27 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-27. Leasing of Lands Owned by State for Surface Mining of Coal

No land or interest in land owned by the state may be leased, and no present lease may be renewed by the state, nor any agency of the state, for the purpose of conducting surface mining operations thereon unless said lease or renewal has been first authorized by an act of the Legislature: Provided, That the provisions of this section do not apply to underground mining on such land.
WV Code § 22-3-29 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-29. Experimental Practices

In order to encourage advances in surface mining and reclamation practices or to allow post-mining land use for industrial, commercial, residential, agricultural or public use, including recreational facilities, the director may authorize departures, in individual cases and on an experimental basis, from the environmental protection performance standards promulgated under this article. Such departures may be authorized if the experimental practices are potentially more or at least as environmentally protective during and after surface-mining operations as those required by promulgated standards; the surface-mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and the experimental practices do not reduce the protection afforded health or safety of the public below that provided by promulgated standards.
WV Code § 22-3-30 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-30. Certification and Training of Blasters

The director is responsible for the training, examination and certification of persons engaging in or directly responsible for blasting or use of explosives in surface mining operations.
WV Code § 22-3-32a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-32a. Special Tax on Coal; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax

(a) It is the intent of the Legislature to clarify that from the date of its enactment, the special tax on coal imposed pursuant to the provisions of section thirty-two of this article is intended to be in addition to any other taxes imposed on every person in this state engaging in the privilege of severing, extracting, reducing to possession or producing coal for sale profit or commercial use including, but not limited to the tax imposed by section eleven of this article, the tax imposed by article twelve-b, chapter eleven of this code, the taxes imposed by article thirteen-a of said chapter eleven and the tax imposed by article thirteen-v of said chapter.(b) Notwithstanding any other provisions of section thirty-two of this article to the contrary, under no circumstance shall an exemption from the taxes imposed by article twelve-b, thirteen-a or thirteen-v, chapter eleven of this code be construed to be an exemption from the tax imposed by section thirty-two of this article.(c) When coal included in the measure of the tax imposed by section thirty-two of this article is exempt from the tax imposed by article twelve-b, chapter eleven of this code, the tax imposed by section thirty-two of this article shall be paid to the Tax Commissioner in accordance with the provisions of sections four through fourteen, inclusive, article twelve-b, chapter eleven of this code, which provisions are hereby incorporated by reference in this article.
WV Code § 22-3-33 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-33. Attorney Fees and Costs

(a) As a result of any administrative proceeding under this article, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined by the court or the Surface Mine Board to have been reasonably incurred by the requesting person for or in connection with his or her participation in the administrative proceeding, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review or the Surface Mine Board, resulting from administrative proceedings, considers proper.(b) On a finding that a claim was brought in bad faith or for the purposes of harassment, the Surface Mine Board or the court, whichever is appropriate, may award to the defendant or respondent, however designated, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined to have been reasonably incurred.(c) The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code that are necessary to implement the provisions of this section.
WV Code § 22-3-34 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-34. Office of Explosives and Blasting Terminated; Transfer of Functions; Responsibilities, Personnel and Assets

The office of explosives and blasting within the Department of Environmental Protection is hereby terminated, and its authority and functions are transferred to the Division of Mining and Reclamation. With this transfer, all records, assets, and contracts, along with the rights and obligations thereunder, obtained or signed on behalf of the office of explosives and blasting are hereby transferred and assigned to the Division of Mining and Reclamation. The secretary shall transfer from the office of explosives and blasting to the Division of Mining and Reclamation any personnel and assets presently used in the performance of the duties and functions required by sections thirty-four through thirty-seven of this article.
WV Code § 22-3-36 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 3. Surface Coal Mining and Reclamation Act|§22-3-36. Claims Process for Blasting

(a) The Division of Mining and Reclamation shall establish and manage a process for the filing, administration and resolution of claims related to blasting.(b) Claims which may be filed and determined under the provisions of this section shall be those arising from both of the following:(1) Damage to property arising from blasting activities conducted pursuant to a permit granted under article three of this chapter; and(2) The damage is incurred by a claimant who is the owner or occupant of the property.(c) The claims process established by the Division of Mining and Reclamation shall include the following:(1) An initial determination by the Division of Mining and Reclamation of the merit of the claim; and(2) An arbitration process whereby the claim can be determined and resolved by an arbitrator in a manner which is inexpensive, prompt and fair to all parties. (d) If the operator disagrees with the initial determination made by the Division of Mining and Reclamation and requests arbitration, then the following shall apply:(1) Any party may be represented by a representative of their choice;(2) At the request of the claimant, the Division of Mining and Reclamation shall provide the claimant with representation in the arbitration process, which representation shall not necessarily be an attorney-at-law; and(3) If the claim is upheld, in whole or in part, then the operator shall pay the costs of the proceeding, as well as reasonable representation fees and costs of the claimant, in an amount not to exceed $1,000.(e) Participation in the claims process created by this section shall be voluntary for the claimant. However, once the claimant has submitted a claim for determination under the provisions of this section, it is intended that the finding of the Division of Mining and Reclamation, if not taken to arbitration, shall be final. If arbitration is requested, it is intended that the results of such arbitration shall be final. The Division of Mining and Reclamation shall provide written notification to the claimant of the provisions of this subsection and shall secure a written acknowledgment from the claimant prior to processing a claim pursuant to the provisions of this section.(f) The operator shall pay any claim for which the operator is adjudged liable within thirty days of a final determination. If the claim is not paid within thirty days, the secretary shall issue a cessation order pursuant to section sixteen, article three of this chapter for all sites operated by the operator.(g) No permit to mine coal shall be granted unless the permit applicant agrees to be subject to the terms of this section.(h) To fulfill its responsibilities pursuant to this section, the Division of Mining and Reclamation may retain the services of inspectors, experts and other persons or firms as may be necessary.