reglab/statecodes huggingface dataset:
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 38-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Slope. -- This
				rule establishes general and specific rules for permit application requirements
				and contents; haulageways or access roads; drainage and sediment control
				systems; blasting; premining and postmining land use; fish and wildlife
				considerations; revegetation; prime farmlands; insurance and bonding;
				replacement, release, and forfeiture of bonds; requirements of a notice of
				intent to prospect; performance standards; performance standards applicable to
				underground mining operations; subsidence control; small operator assistance
				program; citizen's actions; designation of areas unsuitable for mining;
				inspection and enforcement; Surface Mine Board; and Coal Refuse.
1.2. Authority. - W.Va. Code §
									22-3-4,
				22-3-12,
				22-3-13(g),
				22-3-23(1),
				and
				22-3-35.
1.3. Filing Date. -- June 1, 2020
1.4. Effective Date -- July 1, 2020
1.5. Applicability.
1.5.a. This rule applies to all prospecting
				and surface mining operations in the State of West Virginia, except the
				applicable subsections in W. Va. Code §
										22-3-26.
				The provisions of this subdivision do not constitute the issuance of a new
				permit for purposes of permit renewal or mid-term review of existing
				permits.
1.5.b. Permits issued
				after the effective date of this rule shall incorporate in the application all
				of the requirements of this rule.
1.5.c. The Secretary may terminate
				jurisdiction over a reclaimed site of a completed surface mining and
				reclamation operation, or increment thereof, when:
1.5.c.1. The Secretary determines in writing
				that under the initial program all applicable requirements imposed by the Act,
				this rule, and the terms and conditions of the permit have been successfully
				complied with; or
1.5.c.2. The
				Secretary determines in writing that under the permanent program, all
				requirements imposed under the Act, this rule, and the terms and conditions of
				the permit have been successfully complied with or, where a bond was required,
				the Secretary has made a final decision to release the bond fully.
1.5.d. following termination under
				subdivision 1.5.c of this section, the Secretary shall reassert jurisdiction
				over a site if it is demonstrated that the bond release or written
				determination referred to in subdivision 1.5.c. was based upon fraud,
				collusion, or misrepresentation of a material fact.
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 38-2-4 - Haulageways, Roads or Access Roads

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Road Classification System.
4.1.a. Each haulageway, road, or access road
				as defined in subsection 2.59 of this rule shall be classified as either a
				primary road or an infrequently used access road.
4.1.a.1. A primary road is any road which is:
4.1.a.1.A. Used for transporting coal or
				spoil;
4.1.a.1.B. Frequently used
				for access or other purposes for a period in excess of six months; or
4.1.a.1.C. To be retained for an
				approved postmining land use.
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 38-2-5 - Drainage and Sediment Control Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Natural Drainways. Natural drainways in
				the permit area shall be kept free of overburden except where overburden
				placement has been approved. Overburden placement and haulageways constructed
				across natural drainways shall not materially increase the sediment load, or
				materially affect stream quality.
5.2. Intermittent or Perennial Stream.
5.2.a. Intermittent or Perennial Stream. No
				land within one hundred feet (100') of an intermittent or perennial stream
				shall be disturbed by surface mining operations including roads unless
				specifically authorized by the Secretary. The Secretary will authorize such
				operations only upon finding that surface mining activities will not adversely
				affect the water quantity and quality or other environmental resources of the
				stream and will not cause or contribute to violations of applicable State or
				Federal water quality standards. The area not to be disturbed shall be
				designated a buffer zone and marked accordingly.
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 38-2-6 - Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General
				Requirements. Each operator shall comply with all applicable state and federal
				laws in the use of explosives. A blaster certified by the Secretary shall be
				responsible for all blasting operations including the transportation, storage
				and use of explosives within the permit area in accordance with the blasting
				plan.
6.2. Blasting Plans.
6.2.a. As required by statute, all surface
				mining operations that propose blasting shall include a blasting plan. The
				blasting plan shall explain how the applicant will comply with the blasting
				requirements of W. Va. Code §
										22-3-1 et
				seq., and this rule. This plan shall include, at a minimum, information setting
				forth the limitations the operator will meet with regard to ground vibration
				and airblast, the basis for those limitations, and the methods to be applied in
				preventing the adverse effects of blasting operations. The blasting plan shall
				delineate the type of explosives and detonation equipment, the size, the timing
				and frequency of blasts, and the effect of geologic and topographic conditions
				on specific blasts. Blasting plans shall be designed to do the following:
6.2.a.1. Prevent injury to persons;
6.2.a.2. Prevent damage to public and private
				property outside the permit area;
6.2.a.3. Prevent adverse impacts on any
				underground mine;
6.2.a.4. Prevent
				change in the course, channel or availability of ground or surface water
				outside the permit area; and
6.2.a.5. Minimize dust outside the permit
				area.
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 38-2-7 - Premining and Postmining Land Use

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. General. In addition to the requirements
				of section 10 of the Act, the following requirements for postmining land use
				shall be applicable:
7.1.a. All areas
				disturbed by surface mining operations shall be restored in a timely manner to
				conditions that are capable of supporting those land uses which they were
				capable of supporting prior to any mining.
7.1.b. The premining uses of land to which
				the postmining land use is to be compared shall be those uses which the land
				previously supported where the land has not been previously mined and has been
				properly managed.
7.1.c. The
				appropriate postmining land use for land that has been previously mined and not
				reclaimed shall be determined on the basis of the land use that existed prior
				to any mining. If the land cannot be reclaimed to the land use that existed
				prior to any mining, the appropriate postmining land use shall be determined on
				the basis of the highest and best use that can be achieved and which is
				compatible with surrounding undisturbed areas.
7.1.d. The postmining land use for land that
				has received improper management shall be determined on the basis of the
				premining use of surrounding lands that have received proper
				management.
7.1.e. If the premining
				use of the land was changed within five (5) years of the beginning of mining,
				the comparison of postmining use to premining use shall include a comparison
				with the historic use of the land as well as its use immediately preceding
				mining.
7.1.f. An application for a
				permit shall contain a narrative description of land capability and
				productivity which analyzes the premining land-use description required in
				22-3-10(a)(2)
				of the Act. Productivity shall be determined by yield data or estimates from
				similar sites based on current data from USDA or state agricultural
				universities or state agricultural agencies.
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 38-2-9 - Revegetation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General
				Requirements.
9.1.a. Each surface mine
				operator shall establish on all regraded areas and all other disturbed areas a
				diverse, effective and permanent vegetative cover of the same seasonal variety
				native to the area of disturbed land, or introduced species that are compatible
				with the approved postmining land use. Reforestation opportunities must be
				maximized for all areas not directly associated with the primary approved post
				mining land use. All revegetation plans must include a map identifying areas to
				be reforested, planting schedule and stocking rates.
9.1.b. The established vegetative cover shall
				be capable of stabilizing the soil from erosion.
9.1.c. The established vegetative cover shall
				be capable of regeneration and plant succession.
9.1.d. Revegetation efforts will be kept
				concurrent with the mining operation as mining and backfilling progresses and
				shall be carried out in a manner that encourages a prompt vegetative cover and
				rapid recovery of productivity levels compatible with the approved postmining
				land use.
9.1.e. A temporary
				vegetative cover shall be established as contemporaneously as practicable with
				backfilling and grading until a permanent vegetative cover can be established.
				At a minimum, a temporary or permanent vegetative cover shall be established by
				the end of the first growing season and a permanent vegetative cover shall be
				established by the end of the second growing season.
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 38-2-10 - Prime Farmlands

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Identification of Prime Farmlands.
10.1.a.
				Each permit application shall include the results of a reconnaissance
				inspection to determine whether or not all or part of the permit area is prime
				farmland. All or any part of a proposed permit area may be designated by the
				Secretary as prime farmland on the basis of a reconnaissance inspection, soil
				surveys, and other required information submitted as part of a permit
				application. For the purposes of this section, said surveys shall mean surveys
				developed in accordance with standards of the National Cooperative Soil Survey
				which includes the procedures set forth in the U. S. Department of Agriculture
				Handbook 436 (Soil Taxonomy) and 18 (Soil Survey).
10.1.b. The requirements for said surveys may
				be waived by the Secretary if the applicant can demonstrate that a basis exists
				for making a negative determination of prime farmland.
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 38-2-11 - Insurance and Bonding

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Insurance.
11.1.a. The applicant shall
				provide liability insurance for each surface mining and reclamation operation
				and maintain such insurance throughout the life of the permit or any renewal
				thereof, and the liability period necessary to complete all reclamation
				operations, in the following minimum amounts for each surface mining and
				reclamation operation:
11.1.a.1. For bodily
				injury $300,000 for each occurrence and $500,000 aggregate.
11.1.a.2. For property damage $300,000 for
				each occurrence and $500,000 aggregate with no exclusions for blasting,
				landslides, or water loss.
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 38-2-12 - Replacement, Release, and Forfeiture of Bonds

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Replacement of Bonds.
12.1.a. The Secretary may approve the
				replacement of existing bonds with other equivalent bonds.
12.1.b. Existing bonds shall not be released
				until the permittee has submitted, and the Secretary has approved, acceptable
				replacement bonds. Replacement of a bond pursuant to this section shall not
				constitute a release of bond.
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 38-2-13 - Requirements of a Notice of Intent to Prospect

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Notice of Intent to Prospect Without
				Land Disturbance. Where prospecting operations are proposed without surface
				disturbance and without appreciable impacts on land, air, water, or other
				environmental resources, the requirements of this section and the bonding
				requirements in section 7 of the Act may be waived by the Secretary subject to
				the following:
13.1.a. At least fifteen (15)
				days prior to commencement of any prospecting activities, the operator shall
				file with the Secretary a written notice of intent to prospect, which notice
				will include a description of the activities to be conducted and a USGS
				topographic map showing the area to be prospected.
13.1.b. The Secretary may approve the notice
				of intent subject to the findings required in subdivision 13.4.b of this
				section.
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 38-2-14 - Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the requirements of the Act, the following
				  performance standards shall be applicable to both surface and underground
				  mining operations.
14.1. Signs and
				Markers. Signs and markers as required in this subsection shall be erected and
				maintained throughout the life of the permit or term of the specified
				activities for which they are intended.
14.1.a. Permanent Monument. A permanent
				monument shall be posted at primary points of ingress and egress on the permit
				area from public roads and highways. The monument shall consist of a sign
				constructed of wood, metal or other suitable material measuring two feet by
				three feet (2' x 3') and mounted on a two-inch (2") diameter pipe driven three
				feet (3') into the ground with four feet (4') exposed. Any suitable substitute
				may be approved. The sign shall clearly indicate the company name, permit
				number, business address and telephone number.
14.1.b. Perimeter Marker. Prior to initial
				disturbance, suitable markers made of durable material shall be established to
				permanently mark the perimeter of the area under permit. The assigned permit
				number shall be affixed to the permanent perimeter marker. Other markers may be
				used to delineate the boundaries of the proposed permit area.
14.1.c. Buffer Zone Markers. Appropriate
				markers will be established along a buffer zone. Markers shall consist of metal
				or wooden stakes or other suitable devices or methods.
14.1.d. Topsoil Markers. When topsoil or
				topsoil substitute material is segregated and stockpiled, the stockpiled
				material shall be marked. Markers shall remain in place until the materials are
				removed.
14.1.e. Blasting Signs. If
				blasting is necessary to conduct surface mining operations, the following signs
				and markers shall be required:
14.1.e.1.
				Warning signs shall be conspicuously displayed at all approaches to the
				blasting site, along haulageways and access roads to the mining operation and
				at all entrances to the permit area. The sign shall at a minimum be two feet by
				three feet (2' x 3') reading "WARNING! Explosives in Use" and explaining the
				blasting warning and the all clear signals and the marking of blasting areas
				and charged holes; and
14.1.e.2.
				Where blasting operations will be conducted within one hundred (100) feet of
				the outside right-of-way of a public road, signs reading "Blasting Area", shall
				be conspicuously placed along the perimeter of the blasting area.
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 38-2-16 - Subsidence Control

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Public
				Notice.
16.1.a. Notification Requirements. A
				notification shall be distributed by mail to all owners of property and
				residents within the area above the underground workings. Each such person
				shall be notified by certified mail (return receipt requested) at least six (6)
				months prior to mining, or other time period if approved by the Secretary,
				beneath his or her property or residence. The return receipt shall be kept at
				the mine office. The notification shall contain, at a minimum:
16.1.a.1. Company name, permit number and
				address;
16.1.a.2. Identification
				of specific areas in which mining will take place and the date specific areas
				will be undermined;
16.1.a.3. Dates
				of mining activities that could cause subsidence and affect specific
				structures; and
16.1.a.4. The
				location or locations where the subsidence control plan may be examined.
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 38-2-18 - Citizen's Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Notice of
				Citizen's Suits. A person who intends to initiate a civil action on his own
				behalf under section 25 of the Act shall give notice of intent in accordance
				with the following:
18.1.a. Notice shall, in
				all cases, be given by certified mail to the Secretary. A copy of the notice
				shall also be sent by first class mail to the Office of Surface Mining Field
				Office Secretary;
18.1.b. In legal
				actions brought against any person, the State of West Virginia or any other
				governmental instrumentality, agency or agent thereof, notice shall be given by
				certified mail to the alleged violator, if the complaint alleges a violation of
				the Act or any regulation, order or permit issued under the Act;
18.1.c. Service of notice under this section
				is complete upon mailing to the last known address of the person being
				notified;
18.1.d. A person giving
				notice regarding an alleged violation shall state to the extent known:
18.1.d.1 Sufficient information to identify
				the provision of the Act, regulation or permit allegedly violated;
18.1.d.2. The act or omission alleged to
				constitute a violation;
18.1.d.3.
				The name, address and telephone numbers of the person or persons responsible
				for the alleged violation;
18.1.d.4. The date, time and location of the
				alleged violation(s);
18.1.d.5. The
				name, address and telephone number of the person giving notice; and
18.1.d.6. The name, address and telephone
				number of legal counsel, if any.
18.1.e. A person giving notice of an alleged
				failure by the Secretary, reclamation board of review, or appropriate
				Department employee, to perform a mandatory act or duty under the Act, shall
				state to the extent known:
18.1.e.1. The
				provision of the Act containing the mandatory act or duty allegedly not
				performed;
18.1.e.2. Sufficient
				information to identify the omission alleged to constitute the failure to
				perform a mandatory act or duty under the Act;
18.1.e.3. The name, address and telephone
				number of the person giving notice; and
18.1.e.4. The name, address and telephone
				number of legal counsel, if any, of the person giving notice.
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 38-2-21 - Surface Mine Board

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Open
				Meetings.
21.1.a. General. All meetings of
				the Surface Mine Board, pursuant to the provisions of the Act shall be open to
				the public.
21.1.b. Public Notice.
				The time, and place of all regularly scheduled meetings and the time, place and
				purpose of all special meetings shall be made available to the public and the
				news media by publishing a notice containing at least the above information in
				a newspaper of general circulation in the county where the site or
				environmental concern exists, or if the matter under consideration is of
				general interest to the people of the State in a newspaper of general
				circulation in the State.
21.1.c.
				Emergency Meetings. In the event of any emergency requiring immediate official
				action such efforts to notify the public shall be taken as circumstances
				allow.
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 38-2-25 - Certification of Blasters

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				Certification
25.1.a. Requirements for
				Certification. - In every surface mine and surface area of an underground mine
				when blasting operations are being conducted, a certified blaster shall be
				responsible for the storage, handling, transportation, and use of explosives
				for each and every blast, and for conducting the blasting operations in
				accordance with the blasting plans approved in a permit issued pursuant to W.
				Va. Code §
										22-3-1 et
				seq., and the rules promulgated under that article. Each person acting in the
				capacity of a blaster and responsible for the blasting operation* shall be
				certified by the Secretary. Each certified blaster shall have proof of
				certification either on his or her person or on file at the permit area during
				blasting operations. Certified blasters shall be familiar with the blasting
				plan and blasting related performance standards for the operation at which they
				are working. Where more than one certified blaster is working on a blast, the
				blaster who designed the blast shall supervise the loading operations and sign
				the blasting log. Nothing in this rule modifies statutory regulatory authority
				of the state fire marshal and the state fire commission to regulate blasting
				and explosives.
25.1.b.
				Qualifications for Certification. - Each applicant for certification shall be a
				minimum of twenty-one (21) years old, have had at least one (1) year active
				blasting experience within the past three (3) years, and have demonstrated a
				working knowledge of and skills in the storage, handling, transportation, and
				use of explosives, and a knowledge of all state and federal laws pertaining
				thereto, by successfully taking and passing the examination for certification
				required by subdivision 25.3.b. of this rule. Applicants who have blasting
				experience prior to the last three years, with documentation, may be considered
				by the Secretary on a case-by case basis as qualifying experience for initial
				certification and re-certification; provided the requirements of 25.6.c. will
				apply.
25.1.c. Application for
				Certification. - Prior to taking the examination for certification, a person
				must submit an application on forms prescribed by the Secretary, along with a
				fifty dollar ($50.00) application fee, to the Secretary to take the. Upon
				receipt of an application for examination, the Secretary shall, after
				determining that the applicant meets the experience requirements of subdivision
				25.1.b. of this rule, notify the applicant of the date, time, and location of
				the scheduled examination.
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 38-2-26 - Blasting Damage Claim and Arbitration for Blasting Damage Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Damage to
				Surface Structures. - A claim of damage to surface structures from blasting
				will be the result of one or more of the following:
26.1.a. Fly Rock. - Fly rock damage is based
				on the presence of debris from the blast site and the presence of impact
				damage;
26.1.b. Air Blast. - Air
				blast damage is characterized by broken or cracked window glass; and
26.1.c. Blasting Vibration Damage. - Blasting
				vibration damage is investigated by experienced and specially trained personnel
				to accurately determine the presence of such damage. Examples are explained in,
				but not limited to, the American Insurance Association publication, Blasting
				Damage, A Guide for Adjusters and Engineers.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02B - Coal Refuse Regulations › Section 38-2B-1 - GENERAL

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1
Scope
- These regulations establish general and
				specific rules for permit applications and plans and specifications submittals,
				hazard classification, emergency procedures, hydrology, hydraulics, spillways,
				diversion channels, concrete structures, pipes, subsurface drainage, stability,
				abandoned mine openings, combustion control, underground coal refuse disposal,
				reprocessing of abandoned coal refuse areas, abandonment, and performance
				standards for signs and markers, topsoil, water quality, drainage, sediment
				control, haulageways, diversions, spillways, acid producing and toxic
				materials, water monitoring requirements, site development, quality control,
				reporting requirements, materials removal, underground coal refuse disposal,
				and burning coal refuse piles.
1.2
Applicability
- These rules and regulations:
a. Apply to all coal refuse disposal areas
				operated after January 18, 1981. Operated means to enter upon a coal processing
				waste pile, or part thereof, for the purpose of disposing, depositing, dumping
				or removing coal processing wastes, or to employ a coal processing waste pile
				for retarding the flow of or for the impoundment of water.
b. Apply to all new and existing coal refuse
				reprocessing operations. Such operations must obtain a permit prior to
				commencing operations.
c. Operators
				of new coal refuse disposal areas after January 18, 1981, must submit a
				complete permit application in accordance with applicable parts of Chapter 20,
				Article 6 of the Code of West Virginia and these regulations. Owners of all
				operating coal refuse disposal areas must submit plans and specifications for
				approval in accordance with Chapter 20, Article 6, Section 13(f) of the Code of
				West Virginia and these regulations. Upon the expiration or lifting of the
				injunction in the civil action Allegheny Mining Corporation et al. v. David
				Callaghan et al. shall submit a complete permit application in accordance with
				Chapter 20, Article 6, Section 9 of the Code of West Virginia. The following
				table lists applicable sections of these regulations for impounding and
				nonimpounding structures:
TABLE
Non-Impounding
Impounding
Reprocessing Operations
A.
A.
A.
B.
B.
B.
C.01a
C.01b
C.01c
D.01
D.01
C.02
D.02
D.02
D.06
D.03
D.03
E.09
D.04
D.04
D.05a2
D.05a
D.05a3
D.05b
D.05c
D.05C
D.05d1
D.05d
D.05d2(b)
D.05e
D.05d2(c)
D.05f
D.05d3
D.05g
D.05e
D.05h
D.05f
D.OSi
D.05g
D.05J
D.05h
D.07
D.05i
E.
D.05J
D.07
E.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02B - Coal Refuse Regulations › Section 38-2B-3 - PERMITS

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1
Standard Permits or Plans and Specifications
Standard
				permits or plans and specifications in accordance with the applicability
				section are required for all coal refuse disposal areas of the following types:
a. Non-impounding coal refuse areas - Submit
				the appropriate application forms and plans according to the applicable
				sections of these regulations.
b.
				Impounding Structures - Submit the appropriate application forms and plans with
				the following variations:
1. Impoundments
				defined as dams in Chapter 20, Article 5D of the Code of West Virginia (Dam
				Control Act) shall require a Certificate of Approval.
2. Impoundments capable of storing 20 acre
				feet and having an embankment greater than 5 feet in height measured at
				upstream toe or are 20 feet or more in height measured at the upstream toe must
				comply with these rules and regulations, regardless of construction
				materials.
3. All other
				impoundments not meeting the minimum criteria of C.01b1 or C.01b2 must meet
				minimum requirements of the Handbook for Surface Mining. Special approval may
				be given to short term, special purpose ponds for disposal of
				materials.
c. Plans for
				reprocessing or removal of materials from an approved coal refuse disposal area
				shall be included in the standard permit.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02B - Coal Refuse Regulations › Section 38-2B-4 - SUBMITTAL REQUIREMENTS

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1
Submittals
- Submittals for construction, operation,
				enlargement, modification, removal of materials, and abandonment of all coal
				refuse disposal areas shall be in accordance with these regulations. The
				submittal shall be prepared by or under the direct supervision of, and
				certified by, an engineer experienced in the design and construction of similar
				facilities.
The coal refuse disposal portion of the submittal shall
				  contain the following information in order:
a. Narrative and Discussion
b. Emergency Procedures if required by
				Section D.05c of these regulations.
c. Hydrology and Hydraulics
1. Design data in graphical or tabular
				form
2. Hydrologic analysis shall
				include all supporting calculations, charts, graphics, tables.
3. Hydraulic analysis shall include all
				supporting calculations, cross sections, profiles, and results.
4. If computer analysis is used include input
				data and results used specifically in the design only.
d. Stability
1. Design data in graphical or tabular
				form.
2. Stability analysis shall
				include supporting calculations, charts, cross-sections and results.
3. If computer analysis is used include input
				data and results used specifically in the design only.
e. Haulageways and sediment
				control.
f. If applicable, plans
				and calculations concerning abandoned mine openings, combustion control,
				underground coal refuse disposal, and disposal of coal refuse or sludge from
				outside the permit area.
g.
				Abandonment plan.
h.
				Specifications
i. Maps and Drawings
				(reduced size if necessary for engineering drawings)
j. Separate from the other copies of the
				submittal, two sets of maps and plans on standard 24" by 36" size plan sheets
				shall be submitted.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02B - Coal Refuse Regulations › Section 38-2B-5 - PERFORMANCE STANDARDS

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1
Signs and Markers
a.
				Permanent Monument - A permanent monument shall be posted at the entrance from
				public roads and highways and at other suitable locations. The monument shall
				consist of a sign constructed of wood, metal, or other suitable material 2' x
				3' mounted on a two-inch diameter pipe driven three feet into the ground with
				four feet exposed. Any suitable equivalent substitute may be approved. The sign
				shall clearly indicate the company name, permit numbers, business address and
				telephone number.
b. Perimeter
				Marker - A two-inch diameter pipe or suitable substitute shall be driven into
				the earth with a minimum of three feet exposed to permanently mark the
				beginning and ending points of the area under permit. It shall be identified by
				painting the exposed portion of the pipe red. The assigned permit number shall
				be affixed to the permanent perimeter marker. Other markers will be used to
				delineate the boundaries of the proposed permit area.
c. Buffer Zone Markers - Appropriate markers
				will be established along a buffer zone. Markers shall consist of metal or
				wooden stakes or other suitable devices or methods.
d. Topsoil Markers - When topsoil of other
				vegetation supporting material is segregated and stockpiled, the stockpiled
				material shall be marked. Markers shall remain in place until the materials are
				removed.
e. Blasting Signs - If
				blasting is necessary during construction on the site, signs reading "Blasting
				Area" shall be displayed conspicuously at all approaches to the blasting site
				and along haulageways and access roads to the mining operation. The sign shall
				be two feet by three feet reading "Blasting Area" and explaining the blasting
				warning and the all clear signals and shall be posted at all entrances to the
				permit area.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-3 - Certification of Blasters

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Requirements for Certification. -- In every surface mine and surface area of
				underground mine when blasting operations are being conducted, a certified
				blaster shall be responsible for the storage, handling, transportation, and use
				of explosives for each and every blast and for conducting the blasting
				operations in accordance with the blasting plans approved in a permit issued
				pursuant to West Virginia Code §
									22-3-1 et
				sea and rules promulgated under that article.
3.2. Qualifications for Certification. --
				Each applicant for certification shall have had at least one year active
				blasting experience within the past five (5) years, and have demonstrated a
				.working knowledge of and skills in the storage, handling, transportation, and
				use of explosives, and a knowledge of all State and Federal laws pertaining
				thereto, by successfully taking and passing the examination for certification
				required by Section 5.2 of this rule.
3.3. Application for Certification. -- Prior
				to taking the .examination for certification, a person must submit an
				application to the Division of Environmental Protection to take the examination
				on forms prescribed by the Director. Upon receipt of an application for
				examination, the Director shall, after determining that the applicant meets the
				experience requirements of subsection 3.2 of this rule, notify the applicant of
				the date, time, and location of the scheduled examination.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-4 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division of Environmental Protection will administer a
				  training program to assist applicants for blaster certification or
				  re-certification in acquiring the knowledge and skills required for
				  certification. The training requirements shall include, at a minimum, those
				  subject areas set forth in subsection 5.1 of this rule, subparagraph 5.1.k, of
				  subsection 5.2 of this rule, subparagraph 5.2.a.1. through 5.2.a.11. of
				  subsection 5.2 of this rule, and the requirements of Division of Environmental
				  Protection Form MR-30-TR.
In lieu of completing the training program, the applicant for
				  certification or re-certification may complete a self-study course using the
				  study guide and other materials available from the Division of Environmental
				  Protection.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-5 - Examination for certification of Examiner/Inspector and Certified Blaster

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Examinations
				for Certified Blaster Examiners/Inspectors -- All persons employed by the
				Division of Environmental Protection, whose duties include, training, examining
				and certification of blasters and/or inspecting blasting operations shall be a
				certified examiner/inspector. Certification under the provisions of this
				subsection does not constitute certification under the provisions of subsection
				5.2 of this rule; however, certification under subsection 5.2 of this rule is
				sufficient for certification under this subsection. The examination for
				certified examiner/inspector shall at a minimum test the applicant's knowledge
				of the infoarmation presented in the Study Guide for West Virginia Surface Mine
				Blasters, and shall consist of three parts:
5.1. Part 1: A written multiple choice
				examination covering:
5.1.a. Types of
				explosives and their properties, to include selection of appropriate
				explosives;
5.1.b. Blasting
				equipment and accessories, to include blasting machines;
5.1.c. Blast dimensions and calculations, to
				include geologic and topographic considerations, blast hole design, flyrock
				control, secondary blasting, and blast plans;
5.1.d. Delay systems, to include pattern
				design, field layout, and initiation systems;
5.1.e. Timing;
5.1.f. Blast vibration and vibration control,
				to include airblast, monitoring techniques, and use of preblast
				surveys;
5.1.g. Loading and
				detonating, to include priming, scheduling, site control, warning signals, and
				unpredictable hazards;
5.1.h.
				Storage and transportation of explosives;
5.1.i. Record keeping and
				reporting;
5.1.j. Current State and
				Federal laws and regulations relating to the storage, handling, transportation,
				and use of explosives; the training and certification of blasting personnel,
				and blasting signs; and
5.1.k.
				Responsibilities of a certified blaster.
5.1.b. Part 2: A written simulation whereby
				the applicant must correctly and properly complete a blasting log.
5.1.c. Part 3: A hands-on simulation whereby
				the applicant must demonstrate the ability to properly connect a blast,
				simulate a selected initiation system, and simulate detonating a
				blast.
5.1.d. A score of 70 percent
				(70%) for part 1, and satisfactorily completion of parts 2 and 3 are required
				for successful passage of the examination. An individual who fails to achieve a
				passing score may retake the examination subject to the discretion of the
				Director.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-6 - Approval of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon determination that an applicant for certification has
				  satisfactorily passed the examination, the Director shall, within 30 days of
				  the examination date, issue a certification card to the
				  applicant.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-7 - Conditions or Practices Prohibiting certification

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director shall not issue a blaster certification to
				  persons who:
7.1. Are currently
				addicted to alcohol, narcotics or other dangerous drugs;
7.2. Have exhibited a pattern of conduct
				inconsistent with the acceptance of responsibility for blasting operations;
				or
7.3. Are convicted
				felons.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-8 - Re-certification Requirements for Certified Blaster.

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
Re-Certification of
				Blaster
. A certified blaster must be re-certified every three (3)
				years. Each applicant for re-certification must be currently certified and must
				document that he or she satisfactorily meets the experience requirements of
				subsection 3.2 of this rule and has retaken the training course described in
				Section 4 of this rule within the past twelve (12) months prior to application.
				The application for re-certification must be submitted on forms prescribed by
				the Director.
8.2.
Refresher Training Course/Self-Study Course
. An
				applicant who does not meet the experience requirements of subsection 3.2 of
				this rule must take the refresher training course or complete the self-study
				course described in Section 4 of this rule and must take and pass the
				examination required in subsection 5.2 of this rule.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-9 - Presentation of Certificate; Transfer; and Delegation of Authority.

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Upon request
				by the Director, a certified blaster shall exhibit his or her blaster
				certification card.
9.2. The
				certified blaster shall take all reasonable care to protect his or her
				certification card from loss or unauthorized duplication, and shall immediately
				report any such loss or duplication to the Division of Environmental
				Protection.
9.3. Blaster's
				certifications may not be transferred or assigned.
9.4. Certified blasters shall not delegate
				their authority or responsibility to any individual who is not a certified
				blaster.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-10 - Violations by a Certified Blaster

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Director may issue a notice of
				violation against a certified blaster who is in violation of any of the
				following:
10.1.a. Failure to comply with any
				order issued by the Director;
10.1.b. Illegal use of drugs or narcotics, or
				any use of alcohol in the work place;
10.1.c Violations of federal laws or
				regulations governing the purchase, use, handling, transportation, storage, or
				detonation of explosives;
10.1.d
				False swearing in order to obtain a blaster's certification card; or
10.1.e. Any illegal or improper action taken
				by a certified blaster which may or has led to injury or death at a blast
				site.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-11 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Suspension --
				Upon service of a written notice of violation by the Director to a certified
				blaster, the Director may also, based on clear and convincing evidence of a
				violation, issue an order suspending his or her certification. Prior to the
				issuance of such an order, the certified blaster shall be granted a hearing
				before the Director to show cause why his or her certification should not be
				suspended.
The period of suspension will be conditioned upon the time
				  period for completion of remedial measures to abate the violation as specified
				  in the notice of violation. The Director may also require retraining or
				  reexamination as a condition for reinstatement of certification.
11.2. Revocation -- If the
				remedial action required to abate a notice of violation issued by the Director
				to a certified blaster is not taken within the specified time period for
				abatement, the Director may revoke the blaster's certification and require the
				blaster to relinquish his or her certification card. Revocation will occur if
				the certified blaster fails to retrain or fails to take and pass reexamination
				as a requirement for remedial action as described in subsection 11.1 of this
				Section.
11.3. Civil and Criminal
				Penalties. Any certified blaster is subject to the individual civil and
				criminal penalties provided for in West Virginia Code §
									22-3-17.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-12 - Hearings and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Any certified blaster who is served a notice of violation,
				  suspension order, revocation order, or civil and criminal sanctions is entitled
				  to the rights of hearings and appeals as provided for in West Virginia Code
				  §
									22-3-16
				  and 17.