West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02 - West Virginia Surface Mining Reclamation Rule › Section 38-2-27 - Explosive Material Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Assessment Fee on Blasting Material. - Pursuant to W. Va. Code §§
									22-3A-7 and
				5B2a-2, there is hereby assessed a fee of one-quarter cent ($.0025) per pound
				on explosive material used for any purpose on surface mining operations.
				Provided, that the operators exempted from the application of W. Va. Code
				§5BB1-2A et seq. shall pay one-eighth ($.00125) cent per pound on
				explosive material.
27.2.
				Remittance of Fee. - within thirty (30) days of the end of each previous
				quarter after the effective date of tills rule, the operator shall remit to the
				Secretary the amount of the fee calculated by multiplying one-quarter cent
				($.0025) or one-eighth cent ($.00125) for operators exempt from the application
				of W. Va. Code §
									5B-2A-1
				et seq, times the number of pounds of explosive material used during the
				preceding quarter for any purpose on the surface mining operations: Provided,
				That, the materials are measured by the pound. A report of the amount of
				explosives used per calendar quarter shall be submitted on forms prescribed by
				the Secretary with the fee. To verify the accuracy of the report and fee
				calculation, the Secretary may require copies of delivery records, blast logs,
				and inventories be submitted, as necessary. Upon request, operators shall make
				explosives delivery and inventory records available at the site, for inspection
				by the Secretary
27.3. Dedication
				of the Fee. - The Secretary shall deposit all moneys received from the
				explosive material fees into a special revenue fund to be known as the
				"mountaintop removal find" within the state treasury. These moneys shall be
				expended by the Secretary and the Office of Coalfield Community development,
				created by W. Va. Code §
									5B-2A-1
				et seq, in the performance of their respective duties; Provided, However, that
				no explosive material fees collected from underground or surface mining
				operations specifically exempted from application of W. Va. Code §
									5B-2A-2(b)
				may be expended to find the Office of Coalfield Community development. All such
				fees shall be reserved and expended exclusively to find the explosives and
				Blasting Program. For the purpose of this section; detonators, caps, detonating
				cords, and initiation systems shall be exempt from the calculation for
				explosive material fees. However, the Secretary may require reporting on the
				use of these products.
27.4.
				Expenditures. - Direct expenditures from the fees collected are not authorized,
				but shall be appropriated by the Legislature.
27.5. Sufficiency of Fees. - After one year
				of collection of the explosive material fees and expenditure of the
				appropriations there from, the Secretary shall report to the Legislature
				whether the fees have provided sufficient revenue to find the operation of both
				the explosives and Blasting Program -and the Office of Coalfield Community
				development.
27.6. The Secretary is
				authorized, through the Treasurer's Office to invest the mountaintop removal
				fund with all interest earnings accrued to be returned to and be made part of
				the fund.
27.7. Noncompliance. -
				Failure to comply in a timely manner with the fee requirements of W. Va. Code
				§
									22-3A-1 et
				seq. and this rule may result in permit suspension or revocation in accordance
				with W. Va. Code §
									22-3-17.