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 38-04 - Rules For Quarrying And Reclamation › Section 38-4-34 - Emergency Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
34.1.
				Emergency Condition: If the owner of a dam determines that an emergency exists,
				he shall immediately notify any person who may be endangered if the dam should
				fail and then notify the appropriate county emergency services authorities and
				the Secretary. After providing notification of the emergency condition, the
				owner shall immediately take any remedial action, such as an emergency release
				of water, that is necessary to protect life and property. The Secretary may
				waive the requirement for a certificate of approval where it is necessary to
				accomplish repairs under emergency conditions.
34.2. Dangerous Condition:
34.2.a. Should a dangerous condition develop,
				the Secretary shall be informed immediately. The owner of the dam shall
				immediately take any remedial action necessary to protect life and property.
				Emergency procedures developed in accordance with the provisions of Sections 33
				and 34 of these rules shall be implemented to protect life and property on the
				downstream side of the dam.
34.2.b.
				The site shall be inspected and monitored at least once every eight (8) hours
				until the emergency situation is alleviated. Continuous monitoring may be
				required by the Secretary when there is imminent danger to the health, safety
				or welfare of the public.
34.2.c.
				Evaluation of dangerous conditions: If a dangerous condition develops, an
				emergency evaluation shall be initiated as soon as possible to formulate a plan
				for permanent correction of the dangerous condition. The evaluation and
				corrective action plan shall be submitted to and approved by the Secretary
				prior to implementation.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-35 - Inspection and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
35.1. All
				coal related dams will be subject to Inspection and Enforcement requirements of
				Section 20 of 38CSR2 [WV Surface Mining Reclamation Rules.]
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-36 - Application Fee for Certificate of Approval of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. Each application submitted to place,
				construct, enlarge, alter, repair, breach, remove or abandon a dam shall
				include application fee. The following application fees shall apply:
36.1.a. The application fee for placement,
				construction of a new dam shall be three hundred dollars ($300.00).
36.1.b. The application fee for modification
				of a dam to include enlargement, alteration and repairs shall be three hundred
				dollars ($300.00).
36.1.c. The
				application fee for breaching, abandonment or removal of a dam shall be three
				hundred dollars ($300.00).
36.1.d.
				The fee for sale or transfer of dam shall be three hundred dollars
				($300.00).
36.1.e. The annual
				registration fee shall be one hundred dollars ($100.00). This fee is required
				at the yearly anniversary date of the certificate of approval.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-05 - Interpretation Of "Gross Devonian Age Stratigraphic Interval Encountered By A Well Bore" For Purposes Of 18 CFR 272.103(e) And WV Code 22B-1-2(c) (11) and 29A-1-2(c) › Section 38-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - In
				qualifying gas production as "natural gas produced from Devonian shale" under
				Section 107(c) (4) of the Natural Gas Policy Act, the Division of Oil and Gas
				is required by 18 CFR 272.103(e) to determine that at least 95 percent of the
				"gross Devonian age stratigraphic interval encountered by a well bore" has a
				gamma ray index of 0.7 or greater. This has given rise to the question of how
				the term "gross Devonian age stratigraphic interval encountered
by
				a well bore
should be defined under the geological conditions
				prevailing in West Virginia, and what additional requirements must be met
				before the Division will make a determination that natural gas production
				qualifies under this section of the statute. This rule is intended as an
				exercise of the authority delegated to the Division of Oil and Gas pursuant to
				Section 503 of the Natural Gas Policy Act to make such
				determinations.
1.2 Authority and
				Related Citations -- Sections 107 and 503 of 92 Statutes at Large 3352 et.
				seq., Natural Gas Policy Act of 1978,
W. Va. Code
§§
									29A-1-2(c),
				22-1 and 22B-1.
1.3 Effective Date
				-
1.4  Filing Date
				-
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-05 - Interpretation Of "Gross Devonian Age Stratigraphic Interval Encountered By A Well Bore" For Purposes Of 18 CFR 272.103(e) And WV Code 22B-1-2(c) (11) and 29A-1-2(c) › Section 38-5-2 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 No more than
				one gross interval per well may be qualified as "natural gas produced from
				Devonian shale" for purposes of Section 107 (c) (4) of the Natural Gas Policy
				Act, and for the purposes of 18 C.F.R. 272.103(e). The party requesting that
				the Division certify that gas production from a well owned or operated by it be
				so qualified shall, at its option, and for purposes of 18 CFR 272.103(e),
				select as the "gross Devonian age stratigraphic interval encountered by a well
				bore" a stratigraphic interval which meets one of the following definitions:
2.1.1 The entire interval of Devonian age
				rock that lies between the base of the Mississippian Berea Sand or, if absent
				the base of the Osage Series, and the shallower of (a) the top of the Onondaga
				limestone formation or its chert equivalent, the top of the Hunton group of
				carbonates, or (b) the total depth of the well.
2.1.2 A single interval of Devonian age rock
				--
(a) which lies entirely within the interval
				described in Subsection 2.1.1;
(b)
				at least 95 percent of which has a gamma ray index of 0.7 or greater;
				and
(c) such that
(i) if the top of the interval is at a lower
				depth than the top of the interval described in Subsection 2.1.1, then at least
				95 percent of the top 100 feet of the interval selected, has a gamma ray index
				of 0.7 or greater; and
(ii) if the
				bottom of the interval is at a lesser depth than the bottom of the interval
				described in Subsection 2.1.1. then at least 95 percent of the bottom 100 feet
				of the interval selected has a gamma ray index of 0.7 or
				greater.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-05 - Interpretation Of "Gross Devonian Age Stratigraphic Interval Encountered By A Well Bore" For Purposes Of 18 CFR 272.103(e) And WV Code 22B-1-2(c) (11) and 29A-1-2(c) › Section 38-5-3 - Additional Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 If
				the applicant elects to select an interval pursuant to Subsection 2.1.2 herein,
				and the selected interval is perforated in the top 100 feet (in the case of an
				interval which qualifies under Subsection 2.1.2(c)(i)), or in the bottom 100
				feet (in the case of an interval which qualifies under Subsection 2.1.2(c)
				(ii)), the applicant must demonstrate with specificity that the gas produced at
				the point of the perforation is produced from the fractures, micropores, and
				bedding planes of shale deposited during the Paleozoic Devonian
				Period.
3.2 All gamma ray indexes
				required to be calculated pursuant to Section 2 herein shall be calculated at
				any point by dividing the gamma ray log value at that point by the gamma ray
				log value at the shale base line established over the gross Devonian age
				stratigraphic interval defined under Subsection 2.1.1 herein.
3.3 In the case of a well in which gas is
				produced from Devonian shale and from other stratigraphic intervals which are
				not qualified as Devonian shale, production may, at the discretion of the
				applicant, either be (a) separately produced and metered, or (b) allocated
				between the Devonian shale interval and the non-Devonian shale interval or
				intervals on the basis of any approved allocation method.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-05 - Interpretation Of "Gross Devonian Age Stratigraphic Interval Encountered By A Well Bore" For Purposes Of 18 CFR 272.103(e) And WV Code 22B-1-2(c) (11) and 29A-1-2(c) › Section 38-5-4 - Reservation of Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 If
				otherwise qualified the Division of Oil and Gas will approve applications for
				Devonian shale qualification which meet the rules and definitions set forth
				above, and disapprove applications which do not meet these rules and
				definitions. The Division reserves the authority, however, to approve
				individual applications which do not meet all of the requirements set forth
				herein, and to disapprove individual applications which meet all of these
				requirements if, in extraordinary circumstances, approval or- disapproval, as
				the case may be, of such applications would be necessary to effectuate the
				purposes and policies of the Natural Gas Policy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01. Scope -
				subject language.
1.02. Authority -
				These rules and regulations are issued under authority of West Virginia Code,
				Chapter 22A, Article 3 6, Section 3, in accordance with the provisions of
				Chapter 29A, Article 3, of the West Virginia Code.
1.03. Filing Date - These rules and
				regulations were filed in the office of the Secretary of State on the 11th day
				of August, 1969.
1.04. Effective
				Date These rules and regulations were promulgated on the 11th day of August,
				1969, and became effective on the 11th day of September, 1969.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-2 - Excavating

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01. Highwall
				overburden shall be sloped to minimize slides and overhanging ledges and all
				loose material scaled.
2.02. If the
				highwall shows evidence of movement, or appears to be weakened in any way, the
				area shall be made safe or abandoned and dangered off.
2.03. When open pit mines work at night, the
				vicinity in which the work is performed shall be well illuminated.
2.04. When an open pit mine is worked over an
				underground mine, the interval between mines shall be adequate to insure the
				safety of persons in the mine.
2.05. In the event of the collapse of the
				floor of an open pit mine into an underground mine, both mines shall be
				immediately closed, until this condition is made safe.
2.06. Persons scaling highwalls shall wear a
				safety harness that is adequately secured.
2.07. Blasted materials shall be loaded in
				such a manner as to minimize the danger of rock slides endangering
				workmen.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-3 - Drilling

Current through Register Vol. XLI, No. 28, July 12, 2024
3.01. While a drill
				is operating, the operator shall not leave the machine.
3.02. Employees shall keep in the clear of
				any drill stem while it is in motion.
3.03. When a chum drill or a vertical rotary
				drill is used, the driller shall not work under its suspended tools.
3.04. Vertical drillholes shall be blocked
				before moving the drill to a new location.
3.05. Drilling equipffloent shall be
				inspected daily and hazardous defects corrected promptly.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-5 - Operation of Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.01.
				Operators of shovels, draglines, tractors, and head-end bucket loaders shall
				not operate such equipment when a person or persons are within proximity to be
				endangered.
5.02. Operators of
				equipment which have a dipper or bucket shall not swing the dipper or bucket
				over passing haulage uits.
5.03.
				The dipper of a shovel, or dragline, or head-end bucket loader shall always be
				swung over the body of the truck.
5.04. No person or persons shall remain in
				the cab of a truck while said truck is being loaded, unless the cab is
				shielded.
5.05. Workmen shall not
				get on or off draglines or shovels without first notifying the
				operator,
5.06. Before greasing or
				repairing a boom, the boom shall be lowered to permit the work to be performed
				from the ground, if the boom is not equipped with a handrail or
				ladder.
5.07. Operators shall
				practice good housekeeping.
5.08.
				Dunp bodies of trucks shall be properly blocked when raised for any purpose
				except dumping.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-6 - Fire Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
6.01. Fire
				extinguishers of correct type and ample capacity shall be kept on each piece of
				mobile equipment and in all buildings.
6.02. Flammable liquids, such as oils,
				greases, gasoline and such other like materials, shall be stored in buildings,
				compartments, or closed containers used for this purpose only.
6.03. Smoking and use of open lights are
				prohibited in all places in which flammable materials are stored and in other
				places where there is a fire hazard.
6.04. The storage of surplus gasoline, oil,
				or other fuels, other than that which is in the fuel tank, shall be prohibited
				on any piece of equipment, except diesel equipment using gasoline starting
				engines. In this instance one extra gallon of gasoline in an approved safety
				can (flash arresting screen with self-closing lid) may be stored on the
				equipment securely fastened in a specific location on the equipment out of the
				way of moving objects.
6.05.
				Flammable liquids shall not be used to clean machinery.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-06 - Rules And Regulations Governing Open Pit Mines, Exclusive Of Surface Mines, Exclusive Of Surface Mines › Section 38-6-7 - Haulage

Current through Register Vol. XLI, No. 28, July 12, 2024
7.01. Traffic
				directions which differ from standard highway practice shall be posted on signs
				with letters at least two inches high along the haulage roads at strategic
				points.
7.02. Safety equipment on
				trucks shall be maintained in a safe operating condition.
7.03. When dust created by haulage is thrown
				into suspension in quantities that obscure the vision of operators of vehicles,
				an adequate means shall be taken to allay such dust.
7.04 Haulage roads shall be constructed and
				maintained in a manner consistent with vehicular speed to insure safe
				operation.
7.05 Each haulage unit
				shall be equipped with an audible warning device.
7.06 When working at night, all mobile
				equipment shall be provided with headlights and back-up lights.
7.07 Only authorized persons shall ride
				haulage equipment.
7.08 Ample
				clearance shall be provided wherever supplies are loaded or
				unloaded.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.01. Scope -
				These rules govern operate underground limestone and sandstone mining
				operations.
1.02. Authority - These
				rules and regulations are Issued under authority of West Virginia Code Chapter
				22A., Article 6, Section 3, in accordance with the provisions of Chapter 29A,
				Article 3, of the West Virginia Code.
1.03. Effective Date - These rules, and
				regulations were promulgated on the 11th day of August, 1969, and became
				effective on the 11th day of September, 1969.
1.04. Filing Date - These rules and
				regulations were filed in the Office of the Secretary of State on the 11 day of
				August, 1919.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-2 - Surface Structures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01. Dust
				shall not accumulate on roof of tipples and buildings to an excess that would
				endanger workmen.
2.02. Dust shall
				be controlled by the use of permissible dust collectors, water or other
				approved methods, within practicable limits.
2.03. Belt conveyors shall be equipped with
				side boards or other protective devices, where necessary, to protect persons
				from from falling material.
2.04.
				Ladders shall be securely fastened.
2.05. Ramps shall be provided with securely
				anchored rubbing boards of ample dimensions.
2.06 A dumping block at least 8 inches high
				shall be installed at all dumping points, excluding stockpiles.
2.07 Lights shall be provided as needed in or
				around surface structures.
2.08
				Electrical wiring in tipples and buildings shall be done in a safe and
				workman-like manner.
2.09 Persons
				working over or -in open bins or silos shall use a safety harness.
2.10. Each open bin or silo shall be equipped
				with an inside ladder.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-3 - Excavating

Current through Register Vol. XLI, No. 28, July 12, 2024
3.01. Highwall
				overburden shall be sloped to minimize slides and overhanging ledges and all
				loose material scaled.
3.02. If the
				highwall shows evidence of movement, or appears to be weakened in any way, the
				area shall be made safe, or abandoned and dangered off.
3.03. When open pit mines work at night, the
				vicinity in which the work is performed shall be well illuminated.
3.0.4. When an open pit mine is worked over
				an underground limestone or sandstone mine, cooperation between the underground
				and surface shall be established to assume the safety of persons in the
				mines.
3.05. When taking up the
				floor of an "open pit" mine over top of a limestone or sandstone mine, the
				opening of the mine shall be scaled and kept safe at all times.
3.06. In the event of the collapse of the
				floor of an open pit mine into a limestone or sandstone mine, both mines shall
				be immiediately closed, until this condition is made safe.
3.07. Removal of any overburden from a
				limestone or sandstone mine within 100 feet of an active opening is prohibited
				while the mine is working,
3.08.
				The driving of coyote tunnels shall be governed as follows:
(a) A volume of 600 cubic feet of air per
				minute shall be circulated to the headings.
(b) Explosives adaptable to the general
				location shall be used.
(c)
				Explosives shall be detonated by permissible firing devices.
(d) Entrance to tunnel shall be kept free of
				loose rock and over-hanging ledges.
(e) Roof and walls shall be properly
				scaled.
(f) Work in and around the
				tunnel shall be done in a safe manner.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-4 - Drilling

Current through Register Vol. XLI, No. 28, July 12, 2024
4.01. While a
				drill is operating, the operator shall not leave the machine.
4.02. Employees shall keep in the clear of
				any drill stem while it is in motion.
4.03. When a chum drill or a vertical rotary
				drill is used, the driller shall not work under its suspended tools.
4.04. Vertical drillholes shall be blocked
				before moving the drill to a new location.
4.05. Drilling equipment shall be inspected
				daily and hazardous defects corrected promptly.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-6 - Underground Workings

Current through Register Vol. XLI, No. 28, July 12, 2024
6.01 The
				superintendent or mine foreman of any limestone or sandstone mine shall be
				notified 1 immediately when an open pit mine may interfere with the safe
				operation of the said active mine.
6.02 Precautions shall be taken to protect
				employees where excavating is being done in the vicinity of an abandoned
				limestone or sandstone mine, or portion thereof, which may contain an
				accumulation of water.
6.03 All
				cut-throughs into an abandoned limestone or sandstone mine shall be immediately
				closed or fenced.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-7 - Operation of Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.01 Operators
				of shovels, draglines, tractors, and head-end bucket loaders shall not operate
				such equipment when a person or persons are within proximity to be
				endangered.
7.02 Operators of
				equipment which have a dipper or bucket shall not swing the dipper or bucket
				over passing haulage units.
7.03.
				The dipper of a shovel, dragline, or head-end bucket loader shall always be
				swung over the body of the truck.
7.04 No person or persons shall remain in the
				cab of a truck while said truck is being loaded, unless the cab is
				shielded.
7.05 Workmen shall not
				get on or off draglines or shovels without first notifying the
				operator.
7.06 Before greasing or
				repairing a boom, the boom shall be lowered to permit the work to be performed
				from the ground if the boom is not equipped with a handrail or
				ladder.
7.07 Operators shall
				practice good housekeeping.
7.08
				Dump bodies of trucks shall be properly blocked when raised for any purpose
				except dumping.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-8 - Ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.01 Natural
				ventilation shall provide not less than 6,000 cubic feet of air per minute
				through the last open crosscut, otherwise the ventilation shall be produced by
				a mechanically operated fan.
8.02
				Air currents shall always be adequate to carry away smoke and harmful
				gases.
8.03 Active working places
				shall be ventilated with air containing a minimum of nineteen and five tenths
				(19.5) percent of oxygen, not containing more than one .(1) percent of carbon
				dioxide and without harmful amounts of noxious or poisonous gases.
8.04 Auxiliary fans may be used, but
				recirculation of air is prohibited.
8.05 Bore holes are permitted for
				ventilation.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-9 - Roof Support

Current through Register Vol. XLI, No. 28, July 12, 2024
9.01 Pillars
				shall be of adequate safe to support the roof.
9.02 Pillars shall not be split without prior
				approval of the Director
Commissioner
of the
				Department of
Energy
.
9.03 Roof and ribs shall be scaled in a safe
				manner.
9.04 Mine openings shall be
				kept free of fallen rocks or other objects that may endanger workmen.
9.05 A copy of the adopted roof support plan
				shall be posted at the mine and a copy given to the state mine
				inspector.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-10 - Transportation of Men

Current through Register Vol. XLI, No. 28, July 12, 2024
10.01.
				Equipment transporting men shall always travel, at a safe rate of
				speed.
10.02. Underground and
				outside mobile transportation units shall be maintained in a safe operating
				condition.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-11 - Fire Protection

Current through Register Vol. XLI, No. 28, July 12, 2024
11.01. Fire
				extinguishers of correct type and ample capacity shall be kept on each piece of
				mobile equipment and in all buildings.
11.02. Flammable liquids, such as oils,
				greases, gasoline and such other like materials, shall be stored in buildings,
				compartments, or closed containers used for this purpose only.
11.03. Smoking and use of open lights are
				prohibited in all places which flammable materials are-stored and in other
				places where there is a fire hazard.
11.04. The storage of surplus gasoline, oil,
				or other fuels, other than that which is in the fuel tank, shall be prohibited
				on any piece of equipment, except diesel equipment using gasoline starting
				ermines. In this instance one exrtra gallon of gasoline in an approved safety
				can (flash arresting screen with self-closing lid) may be stored on the
				equipment securely fastened in a specific location on the equipment out of the
				way of moving objects.
11.05.
				Flammable liquids shall not be used to clean machinery.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-07 - Rules And Regulations Governing Open Pit Mines And Underground Limestone And Sandstone Mines › Section 38-7-12 - Haulage

Current through Register Vol. XLI, No. 28, July 12, 2024
12.01. Traffic
				directions which differ from standard highway practice shall be posted on signs
				with letters at least two inches high along haulage roads at strategic
				points.
12.02. Safety equipment on
				trucks shall be maintained in a safe operating condition.
12.03. When dust created by haulage is thrown
				into suspension in quantities that obscure the vision of operators of vehicles,
				an adequate means shall be taken to allay such dust.
12.04. Haulage reads shall be constructed and
				maintained in a manner consistent with vehicular speed to insure safe
				operation.
12.05. An adequate
				clearance space on all haulage roads shall be kept clean.
12.06. Haulage equipment shall be maintained
				in good condition.
12.07. Each
				underground haulage unit shall be equipped with headlights and backup
				lights.
12.08. All underground
				mobile equipment shall be provided with headlights and backup lights.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Rules and Regulations Governing the Submission and Approval of a Comprehensive
				Mine Safety Program for Coal Mining Operations in the State of West
				Virginia.
1.2. Authority. W.Va.
				Code § 22A-1A-34
1.3. Filing
				Date. - March 31,1982
1.4.
				Effective Date. - May 20,1982
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-2 - Preamble - Comprehensive Safety Program for Coal Mining Operations in the State of West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Purpose - The primary goal of Section 34, Article 1A, Chapter 22A of the Code
				is to protect the health and safety of this State's coal miners by increasing
				safety awareness and by providing a safe work place through the development and
				implementation of comprehensive safety programs for each coal mine in the
				State. The purpose of these regulations is to implement the mandate of Section
				34, Article 1A, Chapter 22A of the Code by requiring each coal operator to
				develop a comprehensive safety program for each active mine and by detailing
				the requirements for such programs. In implementing such mandate, it is
				recognized that different types of safety programs may be developed for each
				mine, depending upon the output of the particular mine, the number of employees
				of the particular mine, the location of the particular mine, and the physical
				features of the particular mine.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Unless the
				context in which a word or phrase appears clearly requires a different meaning,
				all terms used in these rules and regulations, which are not defined herein,
				shall have the meanings set forth in Section 1, Article 1A, Chapter 22A of the
				Code.
1. Active Mining Operation -- The term
				"active mining operation" shall mean, when used herein, any active surface
				mining operation or active underground coal mine which is ventilated and in
				which miners are extracting coal from its natural deposit.
a. The term "active underground mining
				operation" shall mean an underground coal mine which is ventilated and in which
				miners are extracting coal from its natural deposit.
b. The term "active surface mining operation"
				shall mean a surface coal mine where the operator's direct activity and the
				miners are extracting coal from its natural deposit.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-4 - Responsibility for Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The design, development, submission,
				implementation, evaluation and modification of the comprehensive mine safety
				program shall be the responsibility of the operator of each mine.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-5 - Submission of Initial Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Within six (6) months of the effective
				date of these rules and regulations, each operator shall submit for approval to
				the Commissioner a written comprehensive safety program for each active
				mine.
5.2. All operators of new
				mines and of inactive mines for which a comprehensive safety program has not
				been approved are required to notify the Commissioner when active mining ninety
				(90) days after the initiation or resumption of active mining operations a
				comprehensive mine safety program; provided, however, that if active mining
				operations are initiated or resumed within six (6) months of the effective date
				of these rules and regulations, then the operator shall submit its
				comprehensive safety program with the six (6) month period or within the ninety
				(90) calendar day period, whichever is greater.
5.3. After the effective date of these
				regulations, all mines, which are temporarily inactive but which have approved
				comprehensive safety program, shall resume operations under the comprehensive
				safety program for that mine in effect at the time such mine was temporarily
				closed. If the operator elects to retain the existing comprehensive safety
				program, the operator shall notify the Commissioner within thirty (30) calendar
				days after resuming active mining operations. If the operator elects to modify
				the existing comprehensive safety program, the operator shall submit such
				modifications to the Commissioner within 90 calendar days after resuming active
				resuming active mining operations.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-6 - Mine Evaluation for Development of the Initial Comprehensive Mine Safety Program; Submittals to Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				developing the initial comprehensive safety program, the operator shall analyze
				the various program components, contained in Section seven (7) of these rules
				and regulations, in conjunction with the evaluation criteria provided in
				Section 8.2 of these rules and regulations, and shall take into consideration
				the output of the particular mine, the number of employees of the particular
				mine, the location of the particular mine, or any other aspect of the
				particular mine deemed relevant by the operator. Based upon this analysis and
				evaluation of the type of safety program needed at a particular mine, the
				operator shall proceed to develop a comprehensive mine safety program composed
				of the appropriate components contained in section 7 of these rules and
				regulations and a plan and appropriate procedures for implementing each of the
				components of the program.
6.2.
				Each operator shall submit to the Commissioner for approval, a comprehensive
				mine safety program in accordance with these rules and regulations. In addition
				each operator shall submit the following:
1. A
				statement that the analysis and evaluation required by Section 6.1 of these
				rules and regulations has been completed;
2. A statement indicating which process the
				operator has selected, consistent with Section 11.1 of these rules and
				regulations, to permit the employees of the mine an opportunity to review and
				comment on the proposed program;
3.
				A list of safety instructors and their certifications, and/or qualifications,
				who will have primary responsibility for planning and conducting safety
				training at the mine;
4. A
				statement that the proposed comprehensive safety program was posted in
				accordance with Section 11.4 of these rules and regulations; and
5. The name of the person or persons
				representing the operator, including his title or position and mailing address
				or telephone number, who can be notified by the Commissioner for all matters
				concerning the operator's comprehensive mine safety program.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-7 - Primary Safety Program Components

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Different types of comprehensive mine
				safety programs may be developed for each mine, depending upon the output of
				the particular mine, the number of employees of the particular mine, the
				location of the particular mine, the physical features of the particular mine
				or any other aspect of the particular mine deemed relevant by the operator.
				Depending upon the safety program needs of a particular mine the comprehensive
				mine safety program may include any of all of the components contained in
				Section 7.2 of these rules and regulations.
7.2. A comprehensive mine safety program may
				include:
1. The operator's safety policy for
				each mine;
2. The operator's
				policies regarding personal safety protection of each worker (hard hats, shoes,
				etc);
3. Safety training programs
				and objectives including any or all of the following:
a. Classroom training
b. Workplace training
c. Safety meetings, and
d. Informal training
4. The operator's practices and procedures
				for promoting:
a. Safe working practices for
				personnel;
b. Safe working
				conditions in the mine environment;
c. Safe working practices for machinery,
				equipment, and systems
5. The operator's procedures for accident
				investigation and reporting which may include:
6. The operator's procedures for accident
				investigation and reporting which may include:
a. Investigation;
b. Filing
c. Analysis; and
d. Follow-up
7. The operator's practices and procedures
				for comprehensive mine safety program promotion and enforcement; and
8. Such other components deemed necessary by
				the operator to effectuate the goals of Section 34, Article 1A, Chapter 22A of
				the Code.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-8 - Annual Review of the Comprehensive Mine Safety Program

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each operator shall conduct an annual
				review of the comprehensive mine safety program in effect at each mine. The
				purpose of the review shall be to determine the effectiveness of the
				comprehensive mine safety program by evaluating the components of the program
				to determine whether modifications to the existing program are necessary and
				desirable.
1. Each operator shall submit to
				the Commissioner within thirty (30) days after the anniversary date of the
				program, a report which shall contain the findings of the annual review, a
				statement indicating whether as a result of such review modifications to the
				existing program are submitted, the operator may request, and the Commissioner
				may issue, temporary approval of requested modifications pending the
				Commissioner's final review and approval.
2. The Commissioner will review the annual
				report submitted by the operator and will either approve the report, or reject
				the report, stating in detail the reasons for rejection. The reasons for
				rejection may include proposed changes to the program deemed necessary by the
				Commissioner and not included by the operator.
3. If rejected, the Commissioner shall give
				the operator a reasonable period of time to modify and resubmit such report and
				proposed modifications. If within thirty (30) calendar days subsequent to
				receipt of the report or proposed modifications by the Commissioner, no action
				has been taken by the Commissioner, the proposed report and modifications shall
				be considered approved.
4. The
				anniversary date of the program shall be the date the initial program was
				approved by the Commissioner.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-9 - Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The operator,
				in addition to any revisions or modifications to the mine safety program made
				in accordance with Section 8.1 of these rules and regulations, may submit at
				any time, proposed modifications or revisions along with the reasons therefore,
				to the Commissioner.
9.2. Within
				thirty (30) days after receipt by the Commissioner of any proposed revisions or
				modifications to the program, the Commissioner shall either approve the
				revisions, or reject the revisions, stating in detail the reasons for such
				rejection. If within thirty (30) days of receipt of such revisions by the
				Commissioner no action has been taken, the proposed revisions shall be taken as
				approved.
9.3. When revisions to a
				program are submitted to the Commissioner, the operator may request and the
				Commissioner may issue temporary approval of such revisions pending the
				Commissioner's final review and approval.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-10 - Review Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If a
				comprehensive mine safety program, modifications thereto, or an annual report
				is rejected by the Commissioner pursuant to Sections 6.3,8.1, or 9.2 of these
				rules and regulations, the operator shall be entitled to a hearing before the
				Commissioner to contest such rejection.
10.2. The operator shall notify the
				Commissioner within fifteen (15) days of the receipt of such rejection that he
				Is requesting a hearing and shall state specifically his reasons thereto. A
				hearing shall be scheduled within ten (10) days of the receipt of the request
				for hearing, and shall be held within twenty (20) days of such
				request.
10.3. Any operator
				adversely affected by a decision rendered by the Commissioner pursuant to
				subsection 10.2 of these rules and regulations may appeal such decision in
				accordance with Sections Five and Six, Chapter 29A of the Code.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-11 - Right of Mine Employees to Review and Comment on the Comprehensive Mine Safety Program; Posting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Each employee of the mine shall be
				afforded an opportunity to review and submit comments to the Commissioner
				regarding the initial submittal program and the annual report. The operator
				shall satisfy this requirement by selecting one of the two methods set out in
				one (1) or two (2) below.
1. The operator may
				establish a safety committee at the mine. This committee shall consist of at
				least three (3) non-supervisory employees. Where feasible, the committee should
				have representation on each working shift. The requirements for such committee
				may be satisfied with an existing committee for the mine. It shall be the
				responsibility of the operator to provide this committee with the opportunity
				to review the initial comprehensive safety program, any modifications or
				revisions thereto, and the annual report, and to provide written comments and
				suggestions to the Commissioner with copies to the operator. Such opportunity
				to review shall be satisfied by compliance with subsection 11.4 of these rules
				and regulations. It shall be the responsibility of the committee to ensure that
				all employees of the mine have the opportunity to review and comment on the
				proposed comprehensive safety program, any proposed modifications or revisions
				thereto, and the annual report.
2.
				The operator may hold a meeting for all employees of the mine at which meeting
				the operator shall provide an in-depth review of each of the components of the
				comprehensive safety program for the mine. The purpose of such meeting is to
				provide each employee of the mine the opportunity to review and comment on the
				proposed comprehensive safety program, any modifications or revisions thereto,
				and the annual report. Such meeting shall be held prior to the submittal of the
				initial program, the submittal of any modifications or revisions to such
				program, and the submittal of the annual report. The operator shall notify the
				Commissioner and post notice on the mine bulletin board of the time and place
				of the meeting at least ten (10) calendar days prior to the meeting. The
				Commissioner or his authorized representative has the right to attend such
				meeting.