reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-9 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The following categories of information
				are specifically exempt from disclosure under the provisions of the Act:
(a) Trade secrets, as used in this section,
				which may include, but are not limited to, any formula, plan, pattern, process,
				tool, mechanism, compound, procedure, production data, or compilation of
				information which is not patented which is known only to certain individuals
				within a commercial concern who are using it to fabricate, produce or compound
				an article or trade or a service or to locate minerals or other substances,
				having commercial value, and which gives its users an opportunity to obtain
				business advantage over competitors; provided that in no case shall effluent
				data submitted pursuant to Chapter 22, Article 11 of the West Virginia Code be
				considered trade secrets under this paragraph;
(b) Information of a personal nature such as
				that kept in a personal, medical or similar file, if the public disclosure
				thereof would constitute an unreasonable invasion of privacy, unless the public
				interest by clear and convincing evidence requires disclosure in the particular
				instance; provided, that nothing in this article shall be construed as
				precluding an individual from inspecting or copying his own personal, medical
				or similar file;
(c) Test
				questions, scoring keys and other examination data used to administer a
				licensing examination, examination for employment or academic
				examination;
(d) Records of law
				enforcement agencies that deal with the detection and investigation of crime
				and the internal records and notations of such law enforcement agencies which
				are maintained for internal use in matters relating to law
				enforcement;
(e) Information
				specifically exempted from disclosure by statute;
(f) Records, archives, documents or
				manuscripts describing the location of undeveloped historic, prehistoric,
				archaeological, paleontological and battlefield sites or constituting gifts to
				any public body upon which the donor has attached restrictions on usage or the
				handling of which could irreparably damage such record, archive, document or
				manuscript;
(g) Information
				contained in or related to examination, operating or condition reports prepared
				by, or on behalf of, or for the use of any agency responsible for the
				regulation or supervision of financial institutions, except those reports which
				are by law required to be published in newspapers; and
(h) Internal memoranda or letters received or
				prepared by any public body.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-10 - Partial Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If a
				requested record contains both exempt and nonexempt material, to the extent
				practicable, the nonexempt material shall be disclosed after the exempt
				material has been deleted.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-08 - Rules On Request For Information › Section 46-8-11 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fees will be charged requestors for
				searching for and reproducing requested records, in accordance with the
				following:
(a) Copying costs including the
				certification of the record to circuit court, shall be twenty-five cents
				($0.25) per page provided that if the total cost is less than $2.50, there
				shall be no charge.
(b) The charge
				for copying materials that must be reproduced outside the Board's facilities
				shall be the actual cost of such copying.
(c) A fee of twenty-five) ($25.00) dollars
				per hour or fraction thereof shall be charged for the agency's time spent in
				locating and duplicating the requested records beyond the initial quarter hour
				used to locate such records.
(d) An
				invoice for the total amount of fees will be sent to the requestor. Payment
				shall be made by check or money order made payable to the Environmental Quality
				Board
(e) Total or partial
				prepayment may be required if the Board determines that the unpaid fees
				attributable to one (1) or more requests by the same requestor exceed or will
				exceed ten dollars ($10.00).
(f)
				The Board may waive the fees prescribed by these rules upon written request by
				a person requesting documents who shall state that he or she is unable to pay
				such fees.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-10 - Regulations Implementing The Authorization By rule provision Of The regulations For The West Virginia Underground Injection Control Program › Section 46-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope, - Whereas, pursuant to the
				provisions of Chapter 20-5A-1 et seq. and Chapter 29A-3-1 et seg, of the. West
				Virginia Code, 1931 as amended, the Board has approved and filed Series nine
				(9) and whereas. Section thirteen (13) of said Regulation provides that certain
				facilities may be authorized by rule in accordance with the requirements of
				said - section. Now, therefore, the Board promulgates the following procedural
				rules for the implementation of Section thirteen (13) of the Board's Series
				(9).
1.2. Authority. - V7, Va.
				Code 20-5A-1
1.3. Filing Date. -
				February 23, 1989
1.4. Effective
				Date. - August 1%, 1989.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-10 - Regulations Implementing The Authorization By rule provision Of The regulations For The West Virginia Underground Injection Control Program › Section 46-10-2 - Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Injection into existing Class I, II, and
				III wells shall be authorized by rule for periods up to five (5) years from
				April 10, 1983, All such wells must have been issued permits within the five
				(5) year period or closed down, at its end, unless the rule
is
continued under Section 2.2 of these regulations.
2.2. Rules under Section 2,1 of
				these regulations authorizing Class II and"III wells or projects in existing
				fields or projects shall allow them to continue normal operations permitted,
				including construction, operation, and plugging and abandonment of wells
Provided
the owner or operator maintains compliance
				with all applicable requirements under the Board's Series nine (9).
2.3. Injection into Class V wells shall be
				authorized for a period of five (5) years
until August 18,
				1994
, subject to the requirements of Section 13,2(b) and (d) of
				Section 12,00 of the Board's Series 9. However, the Chief has authority to
				withdraw the authorization if required under Section 13.2 of said regulations.
2.4. Any facility which is
				authorized by rule pursuant to these regulations shall meet the requirements
				contained in Section 13.2(b) of the Board's Series 9, no later than one (1)
				year after authorization by such rules,
2.5. These regulations do not supersede
				Series 9, and are solely intended as procedural regulations for the
				implementation of the provisions of Section 13.2 of the Board's Series 9, and
				in the event of any inconsistency or conflict between any provision of these
				regulations and any provision of Series 9, the provisions of Series 9 shall
				control.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-12 - Requirements Governing Groundwater Standards › Section 46-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.- The purpose of this Legislative
				rule is to establish minimum standards of purity and quality for groundwater
				located within this State.
1.2.
				Authority. -- W. Va. Code§§
									22-12-4 and
				22B-3-4.
1.3. Filing Date. - April 15,2002.
1.4. Effective Date. " July 1,
				2002.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-12 - Requirements Governing Groundwater Standards › Section 46-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule:
2.1. "Act" means the Groundwater Protection
				Act, W. Va. Code §
									22-12-1 et seq..
2.2. "Board" means Environmental Quality
				Board.
2.3. "Constituent" means any
				chemical or biological substance found in groundwater due to either natural or
				man-made conditions.
2.4.
				"Groundwater" means the water occurring in the zone of saturation beneath the
				seasonal high water table, or any perched water zones.
2.5 "Person" means any industrial user,
				public or private corporation, institution, association, firm or company
				organized or existing under the laws of this or any other state or country;
				State of West Virginia; governmental agency, including federal facilities;
				political subdivision; county commission; municipal corporation; industry;
				sanitary district; public service district; soil conservation district;
				watershed improvement district; partnership; trust; estate; person or
				individual; group of persons or individuals acting individually or as a group;
				or any legal entity whatever.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-12 - Requirements Governing Groundwater Standards › Section 46-12-3 - Groundwater Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except
				as provided in Sections 3.2 and 3.3, the standards of purity and quality for
				groundwater in the state shall be the constituent concentrations found in
				Appendix A.
3.2. Where the
				concentration of a constituent exceeds an otherwise applicable groundwater
				quality standard as a result of natural conditions, the naturally occurring
				level of that constituent shall become the groundwater quality standard for the
				affected area.
a. Where the concentration of a
				certain constituent exceeds an otherwise applicable groundwater quality
				standard due to human-induced contamination, no further contamination by that
				constituent shall be allowed, and every reasonable effort shall be make to
				identify, remove or mitigate the source of such contamination, and to strive
				where practical to reduce the level of contamination over time to support
				drinking water use.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-12 - Requirements Governing Groundwater Standards › Section 46-12-4 - Hazardous Waste Treatment, Storage or Disposal Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Nothing in this rule prohibits the
				Office of Waste Management, acting in accordance with federal regulations, from
				using criteria other than the standards specified in this rule for purposes of
				determining the need for corrective action at hazardous waste treatment,
				storage or disposal facilities, as provided in 40 C.F. R. Parts 264 and 265,
				Subpart F.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-12 - Requirements Governing Groundwater Standards › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
Not to Exceed
(in mg/1 except
Constituent
where noted)
Alachlor
0.002
Antimony
0.006
Arsenic
0.01
Asbestos
7MFL*
Atrazine
0.003
Barium
2.0
Benzene
0.005
Benzo (a) pyrene (PAH)
0.0002
Beryllium
0.004
Cadmium
0.005
Carbofuran
0.04
Carbon tetrachloride
0.005
Chlordane
0.002
Chromium (total)
0.1
Cyanide
0.2
2,4-D
0.07
Dalapon
0.2
Di(2-ethylhexyl)adipate
0.4
Di(2-ethylhexyl)phthalate
0.006
Dibromochloropropane (DBCP)
0.0002
Dichlorobenzene p-
0.075
Dichlorobenzene o-
0.6
Dichlorobenzene m -
0.6
Dichoroethane (1,2)
0.005
Dichloroethylene (1,1-)
0.007
Dichloroethylene (cis- 1,2-)
0.07
Dichloroethylene (trans - 1,2-)
0.1
Dichloromethane
0.005
Dichloropropane (1,2-)
0.005
Dinoseb
0.007
Diquat
0.02
Endothall
0.1
Endrin
0.002
Ethylbenzene
0.7
Ethylene dibromide (EDB)
0.00005
Fluoride
4.0
Glyphosate
0.7
Heptachlor
0.0004
Heptachlor epoxide
0.0002
Hexachlorobenzene
0.001
Hexachlorocyclopentadiene
0.05
Lead
0.015
Lindane
0.0002
Mercury (inorganic)
0.002
Methoxychlor
0.04
Monochlorobenzene
0.1
Nickel
0.1
Nitrate (as N)
10.0
Nitrite (as N)
1.0
Total Nitrate and Nitrite (both as N)
10.0
Oxamyl (Vydate)
0.2
Pentachlorophenol
0.001
Picloram
0.5
Polychlorinated biphenyls
0.0005
Selenium
0.05
Simazine
0.004
Styrene
0.1
2, 3,7 8- TCDD (Dioxin)
0.000000005
Tetrachlorethylene
0.005
Thallium
0.002
Toluene
1.0
Toxaphene
0.003
2, 4, 5,- TP (Silvex)
0.05
Trichlorobenzene (1,2, 4-)
0.07
Trichloroethane (1, 1,1-)
0.2
Trichloroethane (1,1,2-)
0.005
Trichlorethylene
0.005
Vinyl Chloride
0.002
Xylenes (total)
10.0
Radionuclides
Beta particle and photon activity
4 mrem**
Gross alpha particle activity
15pCi/L***
Combined Radium 226 and 228
5pCi/l
*MFL = million fibers per liter
**mrem = millirem (rem = roentgen - equivalent - man)
*** pCi = picocurie
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01
Authority
-
				These rules and regulations are issued under authority of West Virginia Code,
				Chapter 22, Article 1, Section 34a.
1.02
Effective Date
- These rules and regulations were promulgated on the 31st day of march, 1982,
				and became effective on the 20th day of may, 1982.
1.03
State Register
- These rules and regulations were published in the State Register in the
				Office of the Secretary of State on the 31st day of march, 1982.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-2 - Preamble - Comprehensive Safety Program for Coal Mining Operations in the State of West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01
Purpose
- The primary goal of Section 34a, Article 1,
				Chapter 22 of the Code is to protect the health and safety of this state's coal
				miners by increasing safety awareness and by providing a safe work place
				through the development and implementation of comprehensive safety program for
				each coal mine in the State. The purpose of these regulations is to implement
				the mandate of Section 34a, Article 1, Chapter 22 of the Code by requiring each
				coal operator to develop a comprehensive safety program for each active mine
				and by detailing the requirements for such programs. In implementing such
				mandate, it is recognized that different types of safety programs may be
				developed for each mine, depending upon the output of the particular mine, the
				number of employees of the particular mine, the location of the particular
				mine, and the physical features of the particular mine.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.01 Unless the context in which a word or
				phrase appears clearly requires a different meaning, all terms used in these
				rules and regulations, which are not defined herein, shall have the meanings
				set forth in Section 1, Article 1, Chapter 22 of the Code.
1.
Active Mining
				Operation
- The term "active mining operation" shall mean, when
				used herein, any active surface mining operation or active underground mining
				operation.
a. The term "active underground
				mining operation" shall mean an underground coal mine which is ventilated and
				in which miners are extracting coal from its natural deposit.
b. The term "active surface mining operation"
				shall mean a surface coal mine where the operator's direct activity and the
				miners' direct work is for the recovery of coal from its natural deposit.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-4 - Responsibility for Comprehensive Mine Safety Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01 The
				design, development, submission, implementation, evaluation and modification of
				the comprehensive mine safety program shall be the responsibility of the
				operator of each mine.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-5 - Submission of Initial Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01
				Within six (6) months of the effective date of these rules and regulations,
				each operator shall submit for approval to the Director a written comprehensive
				safety program for each active mine.
5.02 All operators of new mines and of
				inactive mines for which a comprehensive safety program has not been approved
				are required to notify the Director when active mining operations begin or
				resume and shall submit to the Director within ninety (90) days after the
				initiation or resumption of active mining operations a comprehensive mine
				safety program; provided, however, that if active mining operations are
				initiated or resumed within six (6) months of the effective date of these rules
				and regulations, then the operator shall submit its comprehensive safety
				program within the six (6) month period or within the ninety (90) calendar day
				period whichever is greater.
5.03
				After the effective date of these regulations, all mines, which are temporarily
				inactive but which have an approved comprehensive safety program, shall resume
				operations under the comprehensive safety program for that mine in effect at
				the time such mine was temporarily closed. If the operator elects to retain the
				existing comprehensive safety program, the operator shall notify the Director
				within thirty (30) calendar days after resxaming active mining operations. If
				the operator elects to modify the existing comprehensive safety program, the
				operator shall submit such modifications to the Director within 90 calendar
				days after resuming active mining operations.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-6 - Mine Evaluation for Development of the Initial Comprehensive Mine Safety Program; Submittals to Director

Current through Register Vol. XLI, No. 28, July 12, 2024
6.01 In
				developing the initial comprehensive safety program, the operator shall analyze
				the various program components, contained in Section 7 of these rules and
				regulations, in conjuction with the evaluation criteria provided in Section
				8.02 of these rules and regulations, and shall take into consideration the
				output of the particular mine, the number of employees of the particular mine,
				the location of the particular mine or any other aspect of the particular mine
				deemed relevant by the operator. Based upon this analysis and evaluation of the
				type of safety program needed at a particular mine, the operator shall proceed
				to develop a comprehensive mine safety program composed of the appropriate
				components contained in Section 7 of these rules and regulations and a plan and
				appropriate procedures for implementing each of the components of the program.
6.02 Each operator shall submit to
				the Director for approval a comprehensive mine safety program in accordance
				with these rules and regulations. In addition each operator shall submit the
				following:
1. A statement that the analysis
				and evaluation required by Section 6.01 of these rules and regulations has been
				completed;
2. A statement
				indicating which process the operator has selected, consistent with Section
				11.01 of these rules and regulations, to permit the employees of the mine an
				opportunity to review and comment on the proposed program;
3. A list of safety instructors and their
				certifications, and/or qualifications, who will have primary responsibility for
				planning and conducting safety training at the mine;
4. A statement that the proposed
				comprehensive safety program was posted in accordance with Section 11.04 of
				these rules and regulations; and
5. The name of the person or persons
				representing the operator, including his title or position and mailing address
				or telephone number, who can be notified by the Director for all matters
				concerning the operator's comprehensive mine safety program.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-7 - Primary Safety Program Components

Current through Register Vol. XLI, No. 28, July 12, 2024
7.01
				Different types of comprehensive mine safety programs may be developed for each
				mine, depending upon the output of the particular mine, the nimiber of
				employees of the particular mine, the location of the particular mine, the
				physical features of the particular mine or any other aspect of the particular
				mine deemed relevant by the operator. Depending upon the safety program needs
				of a particular mine the comprehensive mine safety program may include any of
				all of the components contained in Section 7.02 of these rules and
				regulations.
7.02 A comprehensive
				mine safety program may include:
1. The
				operator's safety policy for each mine;
2. The operator's policies regarding personal
				safety protection of each worker (hard hats, shoes, etc);
3. Safety training programs and objectives
				including any or all of the following:
a.
				Classroom training,
b. Workplace
				training,
c. Safety meetings,
				and
d. Informal training;
4. The operator's
				practices and procedures for promoting:
a.
				Safe working practices for personnel,
b. Safe working conditions in the mine
				environment, and
c. Safe working
				practices for machinery, equipment, and systems;
5. The operator's emergency provisions and
				procedures at the mine;
6. The
				operator's procedures for accident investigation and reporting which may
				include:
a. Investigation,
b. Filing,
c. Analysis, and
d. Follow-up;
7. The operator's practices and procedures
				for comprehensive mine safety program promotion and enforcement; and
8. Such other components deemed necessary by
				the operator to effectuate the goals of Section 34a, Article 1, Chapter 22 of
				the Code.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-8 - Annual Review of the Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
8.01
				Each operator shall conduct an annual review of the comprehensive mine safety
				program in effect at each mine. The purpose of the review shall be to determine
				the effectiveness of the comprehensive mine safety program by evaluating the
				components of the program to determine whether modifications to the existing
				program are necessary and desirable.
1. Each
				operator shall submit to the Director within thirty (30) days after the
				anniversary date of the program, a report which shall contain the findings of
				the annual review, a statement Indicating whether as a result of such review
				modifications to the existing program are necessary, and if applicable proposed
				modifications to the existing program. When modifications to the existing
				program are submitted, the operator may request and the Director may issue
				temporary approval of requested modifications pending the Director's final
				review and approval.
2. The
				Director will review the annual report submitted by the operator and will
				either approve the report or reject the report stating in detail the reasons
				for rejection. The reasons for rejection may include proposed changes to the
				program deemed necessary by the Director and not included by the operator.
3. If rejected, the Director shall
				give the operator a reasonable period of time to modify and resubmit such
				report and proposed modifications. If within thirty (30) calendar days
				subsequent to receipt of the report or proposed modifications by the Director,
				no action has been taken by the Director, the proposed report and modifications
				shall be considered approved.
4.
				The anniversary date of the program shall be the date the initial program was
				approved by the Director.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-9 - Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.01 The operator, in addition to any
				revisions or modifications to the mine safety program made in accordance with
				Section 8.01 of these rules and regulations, may submit at any time proposed
				modifications or revisions along with the reasons therefor, to the
				Director.
9.02 Within thirty (30)
				days after receipt by the Director of any proposed revisions or modifications
				to the program, the Director shall either approve the revisions, or reject the
				revisions stating in detail the reasons for such rejection. If within 30 days
				of receipt of such revisions by the Director no action has been taken, the
				proposed revisions shall be taken as approved.
9.03 When revisions to a program are
				submitted to the Director, the operator may request and the Director may issue
				temporary approval of such revisions pending the Director's final review and
				approval.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-10 - Review Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.01 If a
				comprehensive mine safety program, modifications thereto, or an annual report
				is rejected by the Director pursuant to Sections 6.03, 8.01, or 9.02 of these
				rules and regulations, the operator shall be entitled to a hearing before the
				Director to contest such rejection.
10.02 The operator shall notify the Director
				within fifteen (15) days of the receipt of such rejection that he is requesting
				a hearing and shall state specifically his reasons therefor. A hearing shall be
				scheduled within ten (10) days of the receipt of the request for hearing, and
				shall be held within twenty (20) days of such request.
10.03 Any operator adversely affected by a
				decision rendered by the Director pursuant to subsection 10.02 of these rules
				and regulations may appeal such decision in accordance with Sections five and
				six, Chapter 29A of the Code.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-11 - Right of Mine Employees to Review and Comment on the Comprehensive Mine Safety Program; Posting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.01 Each
				employee of the mine shall be afforded an opportunity to review and submit
				comments to the Director regarding the initial submittal to the comprehensive
				mine safety program, any modifications or revisions to the program and the
				annual report. The operator shall satisfy this requirement by selecting one of
				the two methods set out in 1 or 2 below.
1.
				The operator may establish a safety committee at the mine. This committee shall
				consist of at least three (3) non-supervisory employees. Where feasible, the
				committee should have representation on each working shift. The requirements
				for such committee may be satisfied with an existing committee for the mine. It
				shall be the responsibility of the operator to provide this committee with the
				opportunity to review the initial comprehensive safety program, any
				modifications or revisions thereto, and the annual report, and to provide
				written comments and suggestions to the Director with copies to the operator.
				Such opportunity to review shall be satisfied by compliance with subsection
				11.04 of these rules and regulations. It shall be the responsibility of the
				committee to ensure that all employees of the mine have the opportunity to
				review and comment on the proposed comprehensive safety program, any proposed
				modifications or revisions thereto, and the annual report.
2. The operator may hold a meeting for all
				employees of the mine at which meeting the operator shall provide an in-depth
				review of each of the components of the comprehensive safety program for the
				mine. The purpose of such meeting is to provide each employee of the mine the
				opportunity to review and comment on the proposed comprehensive safety program,
				any modifications or revisions thereto, and the annual report. Such meeting
				shall be held prior to the submittal of the initial program, the submittal of
				any modifications or revisions to such program, and the submittal of the annual
				report. The operator shall notify the Director and post notice on the mine
				bulletin board of the time and place of the meeting at least ten (10) calendar
				days prior to the meeting. The Director or his authorized representative has
				the right to attend such meeting.
West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-33 - Rules For Comprehensive Mine Safety Program For Coal Mining Operations › Section 46-33-12 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
12.01 The Director may develop forms and
				guidelines to facilitate development, review, and approval of the comprehensive
				safety program submitted by each operator, provided, however, that such forms
				and guidelines cannot modify or expand the requirements of these rules and
				regulations.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a procedure for the resolution of enforcement actions and the
				assessment of civil penalties in lieu of the institution of a civil action as
				provided in W. Va. Code §
									22-11-22.
1.2. Authority. -- W. Va. Code §
									22-11-22(b).
1.3. Filing Date. -- April 16,
				2002.
1.4. Effective Date. -- May
				1, 2002.
1.5. Nothing in this rule
				shall be construed as limiting or altering the authority of the Secretary to
				enforce the provisions of the Water Pollution Control Act [Act] as set forth
				therein. This enforcement provision is in addition to any and all other
				enforcement provisions set forth in the Act.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This Rule
				hereby incorporates by reference the definitions of all terms as contained in
				the Water Pollution Control Act W. Va. Code §
									22-11-1 et
				seq. and 47 CSR 10. In addition, for the purpose of this Rule, the following
				definitions apply:
2.2.
				"Administrative Proceedings" means those proceedings undertaken, pursuant to
				this Rule, by the Secretary upon his decision to attempt to resolve alleged
				violations of the Water Pollution Control Act and its rules.
2.3. "Base Penalty" means that amount
				assessed for a violation of the Act or its rules based solely upon the extent
				of the deviation from the Act and the potential for harm to the public or the
				environment resulting from the violation.
2.4. "Responsible Party" may be a permittee
				or any person alleged to have violated the Act or its Rules.
2.5. "Toxicity," means the degree to which
				any substance is potentially harmful to human health or the
				environment.
2.6. "Secretary" means
				the Secretary of the Department of Environmental Protection.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-3 - Applicability of the Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon
				discovery of a violation, through whatever means, of the Water Pollution
				Control Act or the rules promulgated pursuant thereto, the Secretary may, at
				his discretion, choose to institute administrative proceedings pursuant to the
				Act and this rule to resolve the alleged violation.
3.2. Not a Waiver. -- Nothing in this rule
				shall be construed as limiting the ability of the Secretary to pursue a civil
				action for any violation of the Act or its rules should the agency and the
				responsible party be unable to reach settlement of the alleged violations
				pursuant to the procedures set forth in this Rule. The Secretary is under no
				requirement to institute administrative proceedings prior to taking any other
				lawful action pursuant to the Act or its rules.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-4 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary
				shall notify any responsible party of his decision to institute administrative
				proceedings pursuant to the Act and this Rule.
4.2. Notice of the Secretary's decision to
				commence an administrative proceeding in an attempt to resolve an alleged
				violation of the Act or its rules shall be by certified mail to the responsible
				party.
4.3. Notice shall include a
				proposed Consent Order initially containing, at a minimum, findings of fact and
				conclusions of law outlining the alleged violations, any remedial work to be
				performed, and a proposed civil penalty assessment which shall be based upon
				the procedure set forth in this Rule.
4.4. The responsible party shall respond to
				the Secretary's Notice within ten days of receipt thereof indicating whether it
				shall participate or refuses to participate in the administrative proceeding.
				Failure to timely respond shall be considered refusal to participate in the
				process.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-5 - Administrative Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Should
				the responsible party agree to participate in an administrative proceeding, the
				parties shall set a meeting to be held within thirty days of the initial Notice
				if possible.
5.2. The
				administrative proceeding may consist of multiple meetings amongst the parties
				and may continue until a satisfactory resolution of the alleged violation is
				agreed to.
5.3. If agreed to,
				resolution of the alleged violations contained in the Notice shall be by
				Consent Decree entered into by the responsible party and the
				Secretary.
5.4. The administrative
				proceeding may be terminated at any time and for any reason by any party
				involved in the proceeding.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-6 - Civil Penalty Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Determination of Base Penalty.
6.1.a.
				Potential for harm to human health and the environment. --
6.1.a.1. The potential for harm to human
				health or the environment from a violation may be determined by the likelihood
				and degree of exposure of persons or the environment to pollution, or the
				degree of adverse effect of noncompliance on statutory or regulatory purposes
				or procedures for implementing the regulatory program.
6.1.a.2. Emphasis shall be placed on the
				potential harm posed by a violation rather than the actual harm which occurred.
				There need not be any showing of actual harm to human health or the environment
				to support a finding of potential harm.
6.1.a.3. The Secretary shall determine
				whether the potential for harm was either major, moderate or minor dependent
				upon factors to be considered on a case-by case analysis.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Section 47-1-7 - Entry of Consent Decree

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Prior to a responsible party and the Secretary signing any Consent Decree
				resolving an alleged violation of the Act or its rules pursuant to this rule,
				said Consent Decree shall be subject to the public notice and comment
				requirements set forth in 47 Code of State Rules, Series 10, Section
				16.2.c.
7.2. The Secretary, based
				upon the public comments, may determine to either modify the Consent Decree
				based upon the public comments or execute the Consent Decree as
				proposed.
7.3. Should the Secretary
				modify the Consent Decree as a result of public comments, the responsible party
				may reject the proposed modifications and thereby may reject the modified
				Consent Decree.
7.4. In as much as
				this Rule may be used by multiple divisions within the Department, the
				Secretary shall direct the proceeds collected pursuant to this rule to
				appropriate funds within the Department of Environmental Protection for uses
				related to permitting, inspection, environmental remediation or any other
				activity deemed appropriate by the Secretary.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-01 - Administrative Proceedings And Civil Penalty Assessment › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
American National Standards Institute (ANSI)
1819 L Street, NW, 6th Floor
Washington, DC 20036
www.ansi.org
American Petroleum Institute (API)
1220 L Street, N.W.
Washington, DC20005
www.api.org
American Society of Mechanical Engineers (ASME)
ASME International Three Park Avenue
New York, NY10016-5990
www.asme.org
American Society for Non-destructive Testing (ASNT)
1711 Arlington Lane
Columbus, OH 43228-0518
www.asnt.org
American Society for Testing and Materials (ASTM)
100 Barr Harbor Drive
West Conshohocken, PA 19429-2959
www.astm.org
American Water Works Association (AWWA)
6666 West Quincy Avenue
Denver, CO 80235
www.awwa.org
National Association of Corrosion Engineers (NACE)
P. O. Box 218340
Houston, TX 77218
www.nace.org
National Fire Protection Association (NFPA)
Batterymarch Park
Quincy, MA02269
www.nfpa.org
Petroleum Equipment Institute (PEI)
P. O. Box 2380
Tulsa, OK74101-2380
www.pei.org
Steel Tank Institute (STI)
570 Oakwood Road
Lake Zurich, IL 60047
www.steeltank.com
Underwriters Laboratories (UL)
333 Pfingsten Road
Northbrook, IL 60062
www.ul.com
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-02 - Requirements Governing Water Quality Standards › Section 47-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes requirements governing the discharge or deposit of sewage,
				industrial wastes, and other wastes into the waters of the state and
				establishes water quality standards for the waters of the State standing or
				flowing over the surface of the State. It is declared to be the public policy
				of the State of West Virginia to maintain reasonable standards of purity and
				quality of the water of the State consistent with (1) public health and public
				enjoyment thereof; (2) the propagation and protection of animal, bird, fish,
				and other aquatic and plant life; and (3) the expansion of employment
				opportunities, maintenance and expansion of agriculture, and the provision of a
				permanent foundation for healthy industrial development. (
See
,
				W. Va. Code § 22-11-2.)
1.2.
				Authority. -- W. Va. Code §§ 22-11-4(a)(16); 22-11-7b.
1.3. Filing Date. -- February 28,
				2022
1.4. Effective Date. --
				February 28, 2022
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-02 - Requirements Governing Water Quality Standards › Section 47-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions, in addition to those set forth in
				  W. Va. Code § 22-11-3, shall apply to these rules unless otherwise
				  specified herein, or unless the context in which used clearly requires a
				  different meaning:
2.1. "Conventional
				treatment" is the treatment of water as approved by the West Virginia Bureau
				for Public Health to assure that the water is safe for human
				consumption.
2.2. Lakes
2.2a. "Cool water lakes" are lentic water
				bodies that have a summer hydraulic residence time greater than 14 days, and
				are either managed by the West Virginia Division of Natural Resources for the
				support of cool water fish species or support cool water fish species, such as
				walleye and trout. "Cool water lakes" do not include those waters that receive
				stockings of trout, but that do not support year-round trout populations.
				(
See
, Appendix F for a representative list.)
2.2.b. "Warm water lakes" are lentic water
				bodies that have a summer hydraulic residence time greater than 14 days, and
				are either managed by the West Virginia Division of Natural Resources for the
				support of warm water fish species or support warm water fish species, such as
				bass and catfish.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-02 - Requirements Governing Water Quality Standards › Section 47-2-3 - Conditions Not Allowable In State Waters

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certain characteristics of sewage,
				industrial wastes, and other wastes cause pollution and are objectionable in
				all waters of the State. Therefore, the secretary does hereby proclaim that the
				following general conditions are not to be allowed in any of the waters of the
				State.
3.2. No sewage, industrial
				wastes or other wastes present in any of the waters of the State shall cause
				therein or materially contribute to any of the following conditions thereof:
3.2.a. Distinctly visible floating or
				settleable solids, suspended solids, scum, foam or oily slicks;
3.2.b. Deposits or sludge banks on the
				bottom;
3.2.c. Odors in the
				vicinity of the waters;
3.2.d.
				Taste or odor that would adversely affect the designated uses of the affected
				waters;
3.2.e. Materials in
				concentrations which are harmful, hazardous or toxic to man, animal or aquatic
				life;
3.2.f. Distinctly visible
				color;
3.2.g. Algae blooms or
				concentrations of bacteria which may impair or interfere with the designated
				uses of the affected waters;
3.2.h.
				Requiring an unreasonable degree of treatment for the production of potable
				water by modern water treatment processes as commonly employed; and
3.2.i. Any other condition, including
				radiological exposure, which adversely alters the integrity of the waters of
				the State, including wetlands; no significant adverse impact to the chemical,
				physical, hydrologic, or biological components of aquatic ecosystems shall be
				allowed.