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 38-2-17 - Small Operator Assistance Program

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. General. This section comprises the
				Small Operator Assistance Program (SOAP) and governs the procedures for
				providing assistance to qualified small operators for the determination of the
				probable Hydrologic consequences of mining and reclamation required by the Act
				and this rule, including the engineering analyses and designs; the development
				of cross-section maps and plans; the geologic drilling and statement of results
				of test borings and core samplings; preblast surveys; the collection of
				site-specific resource information and production of protection and enhancement
				plans for fish and wildlife habitats and other environmental values; and the
				collection of archaeological and historical information; and any other
				archaeological and historical information required by the federal department of
				the interior and the preparation of plans that may be necessitated thereby; and
				the Secretary shall provide or assume the cost of training coal operators that
				meet the qualifications concerning the preparation of permit applications and
				compliance with the regulatory program, and shall ensure that qualified coal
				operators are aware of the assistance available under this section.
The Secretary shall establish a formula for allocating funds
				  to provide services for eligible small operators if available funds are less
				  than those required to provide the services pursuant to this section.
The Secretary will develop a procedure for the interstate
				  coordination and exchange of information collected under the Small Operators
				  Assistance Program.
Data collected under this program shall be made available to
				  all interested persons in accordance with subsection 18.4 of this rule, except
				  information related to the chemical and physical properties of coal; provided,
				  that information which pertains only to the analysis of the chemical and
				  physical properties of coal, except information regarding such mineral or
				  elemental content which is potentially toxic to the environment, shall be kept
				  confidential.
17.2. Program
				Services. Where a qualified small operator requests in writing assistance, as
				provided by the Small Operator Assistance Program, the Department of
				Environmental Protection shall select and pay a qualified laboratory to
				determine the probable Hydrologic consequences of mining and reclamation
				operations in the permit and adjacent areas and potentially impacted offsite
				areas. The probable Hydrologic consequences shall be in accordance with
				paragraphs (7), (8), (10), (11), (12), (13) and (16) through (19) subsection
				(a) section 9 of the Act, subdivision 3.22.a of this rule, and subsection 3.23
				of this rule.
17.3. Eligibility for
				Assistance. Applicants are eligible for assistance if they:
17.3.a. Intend to apply for a permit pursuant
				to the Act; and
17.3.b. Establish
				that their probable total attributed annual coal production from all locations
				during any consecutive twelve (12) month period either during the term of the
				permit or during the first five (5) years after issuance of the permit,
				whichever period is shorter, will not exceed three hundred thousand (300,000)
				tons. Production from the following operations shall be attributed to the
				applicant:
17.3.b.1. The pro rata share, based
				upon percentage of ownership of applicant, of coal produced by operations in
				which the applicant owns more than a ten percent (10%) interest;
17.3.b.2. The pro rata share, based upon
				percentage of ownership of applicant, of coal produced in other operations by
				persons who own more than ten percent (10%) of the applicant's
				operation;
17.3.b.3. All coal
				produced by operations which are owned by members of the applicant's family and
				relatives unless there is no direct or indirect business relationship between
				or among them; and
17.3.b.4. All
				coal produced by operations owned or controlled by the applicant, or by persons
				who directly or indirectly control the applicant by reason of direction of
				management.
17.3.c.
				Persons who are prohibited from receiving a permit for any reason, and persons
				who organize or reorganize a company for the sole purpose of obtaining
				assistance from SOAP, shall be deemed ineligible.