reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-8 - Separate Bonds; Blanket Bonds; Financial Responsibility; Registration; Designation of Agent; Transfer of Title and Operator Status; Transfer Procedures; Ineffective Bonds; and Financial Responsibility from Competing Interests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Separate
		Bonds.
8.1.a. Each permit application filed
		after the effective date of this rule shall be accompanied by a separate bond
		with corporate surety or cash or other collateral security in compliance with W.
		Va. Code §
										22-6A-15 and shall be submitted in a form approved by the Chief,
		except where:
(1) a blanket bond is being
		furnished pursuant to W. Va. Code §
											22-6A-15(c); or
(2) the permit application is for a permit to
		plug a well that is already subject to corporate surety, cash or collateral
		security that satisfied applicable requirements at the time the corporate surety,
		cash or collateral security was furnished.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-9 - Operational Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Water Quality
		and Quantity Protection Standards
9.1.a. All
		operators are required to protect the quality and quantity of water in surface
		and groundwater systems both during and after drilling operations and during
		reclamation by:
9.1.a.1. Withdrawing water from
		surface waters of the State using methods deemed appropriate by the Secretary so
		as to maintain sufficient in-stream flow immediately downstream of the withdrawal
		location;
9.1.a.1.A. To assure maintenance of
		adequate pass-by flow downstream of withdrawal points, the Secretary may require
		the operator to install and maintain a staff gauge or other suitable stream flow
		measuring device.
9.1.a.1.B. If a
		staff gauge or other suitable stream flow measuring device is required, operators
		shall certify that the staff gauge or other suitable stream flow measuring device
		has been properly calibrated. The agency will provide forms and instructions for
		facilitating proper location, installation, and calibration of the staff gauge or
		other suitable stream flow measuring device.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-13 - Preventing Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Equipment -
		All well owners or operators, contractors, drillers, pipeline companies or gas
		distributing companies producing or transporting oil or natural gas for any
		purpose shall use every reasonable precaution in accordance with accepted and
		approved methods to prevent waste of oil or natural gas and to prevent the
		pollution of the waters of the State in drilling, producing, transporting or
		distributing the oil or natural gas and shall not wastefully utilize oil or
		natural gas or allow the same to leak or escape from natural reservoirs, wells or
		pipelines.
13.2. Commercial Well
		Properly Equipped - Whenever oil or natural gas in commercial quantities in a
		well-defined oil or natural gas bearing stratum, which stratum are known to
		contain oil or natural gas in commercial quantities, is encountered in any well
		drilled for oil or natural gas in this State, all oil or natural gas bearing
		strata shall be adequately protected from infiltrating waters.
13.3. Preparation for Drilling In - Equipment
		for conserving oil and natural gas shall be provided before drilling in. In all
		proved or well-defined oil or natural gas fields or where it can be reasonably
		expected that oil or natural gas in commercial quantities will be encountered,
		adequate preparations shall be made for the conservation of oil or natural gas
		before drilling any well.
13.4.
		Multi-Zone Production - So far as it is practical to do so, natural gas being
		produced at a high pressure should be separated in the well from that being
		produced at a substantially lower pressure by means of casing, tubing, casing
		heads, and packers in order to eliminate the flow of high pressure natural gas
		into the low pressure sands.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-14 - Variances

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon request of the operator, or upon the Chief's own
		  initiative, the Chief may grant a variance from any requirements of this rule
		  upon a showing by the operator of the reason for the variance and that
		  alternative practices will satisfy the requirements of Chapter 22, Article 6A of
		  the West Virginia Code and exhibit sound engineering practices. Prior to taking
		  final action to grant or deny a variance, the Chief shall provide notice of the
		  proposed action to the public, the surface owner(s) of record, and any coal
		  owner, operator or lessee and provide them with an opportunity to comment on the
		  a proposal.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-15 - Water Supply Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Testing
		Obligations and Rights.
15.1.a. In accordance
		with W. Va. Code §§
										22-6A-10(b)(5) and 22-6A-10(d), at the request of
		the surface owner or water purveyor, the operator shall sample and analyze, in
		accordance with this section, water from any existing water wells or developed
		springs actually used by the surface owner or water purveyor for consumption by
		humans or domestic animals, which water wells or springs are located within one
		thousand five hundred (1,500) feet from the center of the proposed well
		pad.
15.1.b. If no request is made of
		the operator pursuant to the previous subsection, the operator shall sample and
		analyze, in accordance with this section, water from any one known existing water
		well or developed spring within one thousand five hundred (1,500) feet from the
		center of the proposed well pad. If more than one water well or spring exists,
		the operator shall select for sampling and analysis the one water well or spring
		that, in the operator's judgment, has the highest potential for being influenced
		by the operator's well work.
15.1.c.
		If for any reason the operator is unable to sample and to analyze water from any
		existing water wells or developed springs within one thousand five hundred
		(1,500) feet from the center of the proposed well pad, the Chief may require the
		operator to sample and to analyze, in accordance with this section, water from
		one existing water well or developed spring located between one thousand five
		hundred (1,500) and two thousand (2,000) feet from the center of the proposed
		well pad.
15.1.d. In accordance with
		W. Va. Code §
										22-6A-18, at the operator's discretion, any or all existing
		water wells or developed springs within one thousand five hundred (1,500) feet
		from the center of the proposed well pad may be sampled and analyzed in
		accordance with this section.
15.1.e.
		In accordance with W. Va. Code §
										22-6A-8(g)(5)(D), owners of drinking water
		wells located within one thousand five hundred feet (1,500') of a water supply
		well used to support activities permitted under this article may request well
		flow and quality testing prior to operating the water supply well. Drinking water
		well owners shall be noticed as described in section 15.2.b.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-16 - Construction of Pits and Freshwater Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels Included in a Specific Well Work Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. All pits and
		freshwater impoundments with capacity of greater than five thousand (5,000)
		barrels that are included in a specific well work permit shall be constructed
		only in locations appropriate for the storage of water, including wastewater, and
		shall be designed, constructed, located, maintained, and used in accordance with
		this rule and in a manner that minimizes adverse environmental effects and
		assures safety to the public. Notice of construction of all pits and freshwater
		impoundments shall be provided to the oil and gas inspector and the Chief prior
		to construction. The notice shall identify the location and dimensions of the pit
		or freshwater impoundment. The Chief shall have the authority to inspect these
		sites and enforce this rule.
16.2.
		Design and Construction Requirements. - All pits shall meet the requirements of
		subdivisions 17.2.b. through 17.2.f. and subdivision 17.2.h. of this rule.
		Additionally, all pits and freshwater impoundments subject to this section shall
		meet the following minimum requirements:
16.2.a.
		Be constructed in accordance with plans designed and certified by a West Virginia
		registered professional engineer;
16.2.b. Provide adequate freeboard of no less
		than approximately two (2) feet to resist overtopping by waves or sudden
		increases in volume and to provide adequate slope protection against surface
		erosion and sudden drawdown;
16.2.c.
		Have a stable foundation during all phases of construction and operation and be
		designed based on adequate and accurate information on the foundation conditions;
		and
16.2.d. Incorporate lifelines and
		perimeter fencing for increased safety.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-17 - Construction of Centralized Pits and Impoundments with Capacity of Greater Than Five Thousand (5,000) Barrels

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
		For purposes of this rule, the following terms have the following meanings:
17.1.a. "Centralized pit or impoundment" is a
		pit or impoundment, as that term is defined above, with capacity of greater than
		five thousand (5,000) barrels, which is not associated with a specific well work
		permit, but which is being used by the operator for the fluid management of one
		or more surrounding well work locations. The operator must receive a certificate
		of approval from the Chief prior to constructing a centralized pit or
		impoundment.
17.1.b. "Certificate of
		approval" means the written approval issued by the Chief to a person who has
		applied to the Chief for a certificate that authorizes the person to place,
		construct, enlarge, alter, remove or repair a centralized pit or impoundment and
		which specifies the conditions or limitations under which the work is to be
		performed by the applicant.
17.1.c.
		"Dangerous condition" means any structural or hydraulic condition of a
		centralized pit or impoundment that may lead to (1) failure of the centralized
		pit or impoundment and possible loss of human life or substantial loss of
		property; (2) harm to the public health or welfare; or (3) significant harm to
		the environment.
17.1.d. "Emergency
		condition" means an imminently dangerous condition where failure of the
		centralized pit or impoundment is possible at any time.
West Virginia Code of State Rules › Agency 35 - Oil And Gas › Title 35 - LEGISLATIVE RULE DIVISION OF ENVIRONMENTAL PROTECTION OFFICE OF OIL AND GAS › Series 35-08 - RULES GOVERNING HORIZONTAL WELL DEVELOPMENT › Section 35-8-20 - Plugging Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Materials
		Used in Plugging -- The non-porous materials and cements described in subsection
		20.3 of this rule must be specified in the work order portion of Form WW-4(B),
		"Application to Plug and Abandon a Well." All cement, except where expanding
		cement is required, used in conjunction with plugging shall be American Petroleum
		Institute Class A Ordinary Portland cement with no greater than three percent
		(3%) calcium chloride and no other additives. All non-porous materials used in
		conjunction with plugging shall be at least six percent (6%) bentonite gel. If
		the operator furnishes satisfactory proof that different cement or non-porous
		material types are adequate, the Chief or his or her authorized representative
		may approve use of different cement or non-porous materials. Materials and
		cements must be of a kind and quality accepted by the oil and gas industry,
		approved by the Chief as suitable for the intended purpose, and otherwise comply
		with all provisions of law and accepted standards. The Chief may approve use of
		non-standard material or cement upon request of the operator and for good cause
		shown.
20.2. Cleaning Out and
		Replugging Application; Objections; Order.
20.2.a. Application to clean out and replug a
		previously plugged well pursuant to subdivision 20.3.e of this rule shall be made
		by completing Form WW-4A, "Notice of Application to Plug and Abandon a Well," and
		by the associated comments required to accompany Form WW-4A by subsection 19.1 of
		this rule.
20.2.b. Objections to a
		Form WW-4 application to clean out and replug a well, whether by the Chief or by
		any affected person, shall not be made except for violation or impending
		violation of the provisions of sections 19 and 20 of this rule. If such an
		objection is filed or made, the Chief shall set a hearing date and give notice in
		accordance with subdivision 20.3.e. The notice shall indicate the date, time, and
		location of the hearing, identifying the well by reference to the API
		number.
20.2.c. The Chief's order
		permitting or rejecting an application shall be endorsed on the Form WW-4
		application and shall be mailed to the parties in accordance with the method
		provided by subdivision 20.3.e.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs shaft and slope coal mine operations in the State of West
				Virginia.
1.2. Authority. -- W.
				Va. Code §§22A-G-4 and 22A-G-5.
1.3. Filing Date. -- February 25,
				2021.
1.4. Effective Date. -- March
				27, 2021.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-2 - Effect of Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All
				provisions of the mining laws of this state intended to safeguard life or
				property shall extend to all shaft and slope construction operations insofar as
				such laws are applicable thereto.
2.2. This rule shall have the effect of law,
				and violations shall be deemed a violation of law and so cited with the same
				effect as law. All provisions of W. Va. Code §
									22A-1-1
et seq
. relative to enforcement are applicable to the
				enforcement of this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-4 - No Shaft and/or Slope to be Opened Without Prior Approval of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An application
				for the sinking of a shaft and/or slope shall be filed by the coal mine
				operator for approval to the Director. All revisions to such approved
				application shall be resubmitted for approval to the Director. A shaft and/or
				slope permit application filed for approval with the Director shall include the
				following:
4.1.1. The name and address of the
				coal company and permit number, if such shaft and/or slope is an additional
				opening.
4.1.2. A surface
				topographic map revealing the geographic location of the shaft and/or slope
				operation.
4.1.3. A certified
				engineer's map revealing the locations of underground mining, oil, and/or gas
				wells and construction projects within five hundred (500) feet of the shaft
				and/or slope.
4.1.4. A certified
				engineer's map showing the profile of the shaft and/or slope.
4.1.5. A description of the construction work
				and methods to be used in the construction of the slope and/or shaft, including
				a detailed description of how water rings will be constructed.
4.1.6. The elevation, depth, and dimensions
				of the shaft and/or slope
4.1.7.
				The location and elevation of the coal bed.
4.1.8. All hoisting and ventilation equipment
				will meet MSHA standards.
4.1.9. The
				approved methane detectors to be used and/or other equipment needed to make
				proper methane examinations (such as probes or pumps). Also a description of
				how, where, and when these examinations will be conducted and the maintenance
				and calibration of detectors which will be in accordance with manufacturer's
				recommendations. A shaft and slope examiner can be certified by the Office of
				Miners' Health, Safety and Training to qualify other employees to make required
				methane examinations.
4.1.10. The
				company's comprehensive mine safety plan will detail specific training subject
				matter to be covered and established time frames of the training sessions. Also
				training will be conducted with examiners as the shaft and slope work approach
				coal bed seams that have a history of liberating methane.
4.1.11. Provide a list of all certified
				persons responsible for making all mandatory examinations and inspections (not
				limited to blasting, pre-shift, electrical, gas testing, etc.).
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-5 - Information to be Filed by Company Performing Construction Work; Notices, Orders, and Decisions Received by Company Agent; Principal Officer in Charge; Permits to be Obtained by Company Performing Construction Work

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to beginning work in a shaft
				and/or slope, the company performing such construction work shall file with the
				Director the name and address of the company performing the shaft and/or slope
				construction work.
5.2. Prior to
				beginning work in the shaft and/or slope after the permit approval has been
				obtained by the coal mine operator, the company performing such construction in
				as haft and/or slopes hall file with the Director the name and address of the
				person who controls or operates the shaft and/or slope. Any revisions in such
				names and addresses shall be promptly filed with the Director. Each operator of
				a shaft and/or slope shall designate a responsible official at such shaft
				and/or slope as the principal officer in charge of health and safety at such
				shaft and/or slope and such official shall receive a copy of any notice, order,
				or decision issued under this rule affecting such shaft and/or slope. In any
				case where the shaft and/or slope is subject to the control of any person not
				directly involved in the daily operations of the shaft and/or slope, there
				shall be filed with the Director the name and address of such person and the
				name and address of a principal official of such person who shall have overall
				responsibility for the conduct of an effective health and safety program at any
				shaft and/or slope subject to the control of such person and such official
				shall receive a copy of any notice, order, or decisions issued affecting any
				such shaft and/or slope. The mere designation of a health and safety official
				under this rule shall not be construed as making such official subject to any
				penalty under the West Virginia Code.
5.3. The following permit approvals shall be
				obtained from the Director by the company performing construction work in a
				shaft and/or slope before such work is started:
5.3.1. Stop the ventilation fan
5.3.2. Stop the ventilating fan when
				personnel are in shafts and/or slopes.
5.3.3.
				 Use electrical machinery in shafts and/or slopes.
5.3.4. Use electrical lights in shaft and/or
				slopes.
5.3.5. Multiple shots of
				coal or rock in a shaft and/or slope.
5.3.6. Use or store any non-permissible
				explosives or non-permissible blasting devices at a shaft and/or
				slope.
5.3.7. Hoist more than four
				(4) personnel at one time in buckets or cars in a shaft and/or slope.
5.3.8. Use welder, torches, and like
				equipment in a shaft and/or slope.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-6 - Posting of Permit Approvals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. At
				each shaft and/or slope there shall be maintained an office with a conspicuous
				sign designating it as the office of the shaft and/or slope, and a bulletin
				board at such office, in such office, in such manner that permit approvals
				required by this rule to be posted on the bulletin board shall be posted
				thereon and be easily visible to all persons desiring to read them.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-7 - Roof and Rib Control Programs and Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Each operator shall undertake to carry
				out on a continuing basis, a program to improve the roof control system of each
				shaft and/or slope and the means and measures to accomplish such system. A roof
				control plan and revisions thereof suitable to the roof conditions and mining
				systems of each shaft and/or slope and approved by the Director shall be
				adopted and set out in printed form before new operations are started. The
				safety committee of the miners of each shaft and/or slope where such committee
				exists shall be afforded an opportunity to review and submit comments and
				recommendations to the Director and operator concerning the development,
				modification or revision of such roof control plan. The plan shall show the
				type of support and spacing approved by the Director. Such plan shall be
				reviewed periodically, at least every six (6) months by the Director, taking
				into consideration all falls of roof or rib inadequacy of support of ribs. A
				copy of the plan shall be furnished to the Director or his/her authorized
				representative and shall be available to the miners and their
				representatives.
7.2. The operator,
				in accordance with an approved plan, shall provide as the Director may
				prescribe an ample supply of suitable materials of proper size with which to
				secure the roof of all working places in a safe manner.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-8 - Use of Authorized Explosives; Storage or Use of Underground Explosives

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. It shall be
				unlawful to have, use, or store any permissible explosives or non-permissible
				blasting devices at any shaft and/or slope on the premises of the shaft and/or
				slope operation without a permit of approval from the Director.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-9 - Use of Magazines for Explosives

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Separate surface magazines at least fifty (50) feet apart shall be provided for
				storage of explosives and detonators.
9.2. Surface magazines shall be provided with
				doors constructed of at least one-fourth inch steel plate lined with
				two-thickness of wood or equivalent, properly screened ventilators and with no
				openings except for entrances and ventilation and shall be kept locked securely
				when unattended.
9.3. The area for
				a distance of at least twenty-five (25) feet in all directions shall be kept
				free of materials of a combustible nature.
9.4. Suitable warning signs shall be erected,
				so located that a bullet passing directly through the face of the sign will not
				strike the magazine.
9.5. The
				location of magazines shall not be less than three hundred (300) feet from any
				shaft and/or slope opening, occupied building or open roads, unless barricaded
				in a manner approved by the Director.
9.6. If magazines are illuminated
				electrically, the lamps shall be of vapor type, properly installed and wired.
9.7. Smoking and open lights shall
				be prohibited within twenty-five (25) feet of any surface magazine.
9.8. Surface magazines shall be located away
				from power lines, fuel storage areas and other possible sources of
				fire.
9.9. Surface magazines shall
				be electrically bonded and grounded if constructed of metal.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-10 - Transportation of Explosives

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Individual containers used to carry permissible explosives or detonators shall
				be constructed of substantial non-conductive materials kept closed and
				maintained in good condition.
10.2.
				Any container used for transporting or storage of explosives shall be properly
				identified or marked.
10.3.
				Explosives and detonators shall be transported in the following manner:
				original and unopened cases, or in suitable individual containers.
10.4. If a large quantity of explosives
				and/or detonators are transported to a blasting site, more than are needed,
				such explosives and/or detonators shall be returned immediately to the surface
				magazines prior to blasting operations being performed.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-11 - Vehicles Used to Transport Explosives

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Vehicles used to transport explosives
				shall have substantially constructed bodies, no sparking metals exposed in the
				cargo space, and shall be equipped with suitable sides and tail gates.
				Explosives shall not be piled higher than the side and end.
11.2. Vehicles containing explosives and/or
				detonators shall be maintained in good condition and shall be operated at a
				safe operating speed.
11.3.
				Vehicles containing explosives or detonators shall be posted with placard
				warning signs. Placards shall be located on all four (4) sides of the motor
				vehicle. The placards shall contain letters four (4) inch minimum height, using
				34 inch stroke.
11.4. Other
				materials or supplies shall not be placed on or in a cargo space of a vehicle
				containing explosives or detonators.
11.5. Explosives or detonators shall be
				transported in separate vehicles unless separated by four (4) inches of
				hardwood or the equivalent.
11.6.
				Explosives or detonators shall be transported promptly without undue delay in
				transit.
11.7. Only necessary
				persons shall ride on or in vehicles containing explosives or detonators.
11.8. When vehicles containing
				explosives or detonators are parked, the brakes shall be set, the motor power
				shut off and the wheels blocked.
11.9. Vehicles containing explosives or
				detonators shall not be taken to a repair garage for any purpose.
11.10. Smoking and open lights shall be
				prohibited on vehicles transporting explosives or detonators.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-12 - Explosives Handling and Use

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Damaged or deteriorated explosives or
				detonators shall be destroyed by a representative from a powder
				company.
12.2. Light and power
				circuits shall be disconnected and removed from affected blasting area before
				charging and blasting.
12.3. No
				shots shall be fired until such place has been properly examined by an
				examiner-foreman and no shots shall be fired in any place where methane gas in
				excess of one percent (1%) is detected with an approved methane gas
				detector.
12.4. Blasting practices.
12.4.1. All persons shall be removed from the
				shaft prior to blasting.
12.4.2.
				All persons in a slope shall be given ample warning before shots are fired.
				Care shall be taken to determine that all persons are in the clear before shots
				are fired.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-13 - Misfires of Explosives

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When
				electric blasting caps have been used, personnel shall not return to misfired
				holes for at least fifteen (15) minutes.
13.2. Misfires shall be reported to the
				examiner-foreman and shall be disposed of safely before any work is performed
				in the blasting area.
13.3. After a
				misfire, the blasting cable shall be disconnected from the source of power and
				the battery ends short-circuited before electric connections are
				examined.
13.4. When a charge has
				misfired, the misfire shall be removed by:
13.4.1. Firing separate holes at least two
				(2) feet away from the parallel to the misfired charge.
13.4.2. Washing the stemming and the charge
				from the bore hole with water.
13.4.3. Inserting and firing a new primer
				after the stemming has been washed out.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-14 - Examination - Records - Ventilation - Shaft and/or Slopes

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. All shafts and/or slopes shall be
				ventilated by mechanical ventilation equipment during development. Such
				equipment shall be examined before each shift and the quantity of air in the
				shaft and/or slope measured daily by a certified person and the results of such
				examination and tests recorded in a book approved by the Director.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-15 - Ventilation - Working Area

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				While personnel are employed in a shaft and/or slope, all shafts and/or slopes
				shall be ventilated adequately and continuously with fresh air. Air tubing
				shall deliver not less than nine thousand (9,000) feet per minute at the
				working area or as much as necessary to remove noxious gases.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-16 - Ventilation-Fans

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Ventilation
				fans shall be:
16.1.1. Installed on the
				surface.
16.1.2. Installed in
				fireproof housing and connected to the shaft and/or slope opening with
				fireproof air ducts.
16.1.3.
				Designed to permit the reversal of the air current and located in an area which
				will prevent a recirculation of air from the shaft and/or slope or air
				contamination from any other source.
16.1.4. Equipped with an automatic signal
				device designed to give an alarm in the event the fan slows or stops which can
				be seen or heard by any person on duty in the vicinity of the fan, except where
				fans are constantly attended.
16.1.5. Offset not less than fifteen (15)
				feet from the shaft and/or slope.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-17 - Ventilation - Methods - Maintenance - Evacuation - Quality - Quantity

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Ventilating
				tubing shall be constructed to permit ventilation by either exhausting or
				blowing methods and when metal air ducts are used, they shall be grounded
				effectively to remove static and other electrical currents.
17.2. Ducts shall extend as close to the
				bottom as necessary to ventilate properly.
17.3. A certified person, designated by the
				operator, shall be assigned to maintain each ventilating system.
17.4. Unless a permit has been obtained from
				the Office of Miners' Health, Safety and Training, the fan shall be operated
				continuously when personnel are below the surface of a shaft and/or slope. Any
				accidental stoppage or reduction in air-flow shall be corrected promptly;
				however, where repairs cannot be made immediately, development work below the
				surface shall be stopped and all the personnel who are not needed to make
				necessary repairs shall be removed to the surface. If ventilation is not
				restored in fifteen (15) minutes all underground employees shall be removed
				from the shaft and/or slope and the underground employees shall not return
				until ventilation is restored and the shaft and/or slope is examined by a
				certified person holding a certificate to make a pre-shift
				examination.
17.5. No
				superintendent-examiner-foreman shall permit any person to work where he/she is
				unable to maintain the quantity and quality of the air required. Provided, that
				such provisions shall not prohibit the employment of personnel to make place of
				employment safe.
17.6. All active
				underground working places in a shaft and/or slope shall be ventilated by a
				current of air obtaining not less than nineteen (19) and five tenths (5/10ths)
				percent oxygen and no harmful quantities of other noxious or poisonous gases.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-18 - Device to Detect Overlapping on Hoists

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Hoists used to raise and lower persons
				shall be equipped with an overlap device to detect improper spooling of the
				cable.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-20 - Arrangements for Emergency Medical Assistance and Transportation for Injured Persons; Reporting Requirements; Posting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. While employees are on duty, each
				operator of a shaft and/or slope shall have made arrangements with a licensed
				physician, medical service, medical clinic, or hospital to provide emergency
				medical assistance for any person injured at any shaft and/or slope.
20.2. While employees are on duty, each
				operator shall have made arrangements with an ambulance service or otherwise
				provided for emergency transportation for any person injured at the shaft
				and/or slope.
20.3. After the
				effective date of this rule, each operator shall report to the Director the
				name, title and address of the physician, medical service, medical clinic,
				hospital, or ambulance service with whom arrangements have been made or
				otherwise provided, in accordance with the provisions of Sections 20.1. and
				20.2. of this rule.
20.4. Each
				operator shall, within ten (10) days after any change of the arrangements
				required to be reported under Section 20.3. of this rule, report such changes
				to the Director. If such changes involve a substitution of persons, the
				operator shall provide the name, title, and address of such persons together
				with the names and addresses of the medical service, medical clinic, hospital,
				or ambulance service.
20.5. Each
				operator shall immediately after making arrangements required under the
				provisions of Sections 20.1. and 20.2. of this rule, or immediately after any
				changes of such agreement, post at appropriate places at the shaft and/or slope
				the names, titles, and addresses, and telephone numbers of all persons or
				services currently available under such arrangements to provide medical
				assistance and transportation at the shaft and/or slope.
20.6. All requirements of 36 CSR 56 apply.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-21 - Employment of Agent

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. At each
				shaft and/or slope construction operation, the operator shall employ a shaft
				and/or slope superintendent, who shall be the agent in charge of the shaft
				and/or slope operation.
21.2. A
				certified person shall be in attendance at all times at each shaft and/or slope
				who has passed an examination given by the Office of Miners' Health, Safety and
				Training.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-22 - Superintendent-Shaft and/or Slope Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Each applicant for certification as a
				shaft and/or slope superintendent shall, at the time he/she is issued a
				certificate:
22.1.1. Have had at least five
				(5) years experience in the workings, ventilation and drainage of a shaft
				and/or slope, or other related experience approved by the Director, which shall
				include at least twenty-four (24) months experience in the working place of a
				shaft and/or slope or be a graduate of an accredited engineering or technology
				school with a bachelor's degree in mining, electrical, mechanical or civil and
				have had at least four (4) years practical experience in the construction of
				shafts and/or slopes or other related experience approved by the Director,
				which shall include at least twenty-four (24) months experience in the working
				place of shafts and/or slopes.
22.1.2. Have demonstrated his/her knowledge
				of dangerous mine gases and their detection, mine safety, first-aid, safety
				appliances, state mining laws and regulations by completing an examination as
				may be required of him/her by the Director.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-24 - Duty of Operator; Duty of Superintendent to Notify Operator When Unable to Comply With Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Every
				operator of a shaft and/or slope shall furnish all supplies necessary for the
				superintendent to comply with requirements of this rule.
24.2. The superintendent shall notify, in
				writing, the operator of the shaft and/or slope and the Director of his/her
				inability to comply with any of the requirements of this rule.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-25 - When Examiner-Foreman May Be Designated

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. At any shaft and/or slope in which the
				operation is so extensive that the duties devolving upon the
				superintendent-examiner-foreman cannot be discharged by one (1) person, one (1)
				or more examiner-foreman may be designated and such person shall act under the
				instruction of the superintendent-examiner-foreman.
25.2. Any person holding a superintendent,
				examiner or foreman certificate issued by any other state may act in the
				capacity ofsuperintendent-examiner or foreman in any shaft and/or slope in this
				state until the next regular examination is held by the Office of Miners'
				Health, Safety and Training, but not to exceed a maximum of ninety (90) days.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-26 - Requirements for Shaft/Slope Examiner-Foreman Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. At every shaft and/or slope, the
				operator shall employ at least one (1) person certified as a shaft and/or slope
				examiner-foreman. Each applicant for certification as a shaft and/or slope
				examiner-foreman at the time the certificate is issued shall:
26.1.1. Have had at least three (3) years
				experience in the workings, ventilation and drainage of a shaft and/or slope,
				twenty-four (24) months experience in the working place of a shaft and/or slope
				or be a graduate of an accredited engineering or technology school with a
				bachelor's degree in mining, electrical, mechanical or civil, and have had at
				least two (2) years practical experience in a shaft and/or slope or other
				related construction work approved by the Director, which shall include at
				least eighteen (18) months experience in the working place of a shaft and/or
				slope.
26.1.2. Have demonstrated
				his/her knowledge of dangerous mine gases and their detection, mine safety,
				first-aid, safety appliances, state mining laws and regulations by completing
				an examination as may be required of him/her by the Director.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-29 - Shaft and/or Slope Examiner to Have No Superior Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. In the performance of the duties
				devolving upon a shaft and/or slope examiner, acting as such, they shall have
				no superior officers, but all employees working inside of such shaft and/or
				slope shall be subordinate to them in their particular work.
West Virginia Code of State Rules › Agency 36 - Coal Mine Health And Safety › Title 36 - LEGISLATIVE EXEMPT RULE BOARD OF COAL MINE HEALTH AND SAFETY › Series 36-01 - Rules And Regulations Governing Approvals And Permits, Explosives And Ventilation For The Construction Of Shaft And/or Slope Operations In The State Of West Virginia › Section 36-1-30 - Authority of Examiner to Perform Other Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
30.1. Any person who holds a certificate
				issued by the Office of Miners' Health, Safety and Training certifying his/her
				competency to act as a shaft and/or slope examiner may perform the duties as a
				foreman and any other duties statutory or otherwise, for which heshe is
				qualified, in the same shaft and/or slope and on the same day or shift.