West Virginia Code of State Rules › Agency 199 - Explosives And Blasting › Title 199 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF EXPLOSIVES AND BLASTING › Series 199-01 - West Virginia Explosives And Blasting Rule › Section 199-1-7 - Explosive Material Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Assessment Fee on Blasting Material. -- Pursuant to W. Va. Code §§
									22-3A-7 and
				5B-2a-2, there is hereby assessed
				a fee of one-quarter cent ($.0025) per pound on explosive material used for any
				purpose on surface mining operations. Provided, that the operators exempted
				from the application of W. Va. Code §5BB1-2A et seq. shall pay one-eighth
				($.00125) cent per pound on explosive material.
7.2. Remittance of Fee. -- Within thirty (30)
				days of the end of each previous quarter after the effective date of this rule,
				the operator shall remit to the Secretary the amount of the fee calculated by
				multiplying one-quarter cent ($.0025) or one-eighth cent ($.00125) for
				operators exempt from the application of W. Va. Code §
									5B-2A-1 et seq, times the number
				of pounds of explosive material used during the preceding quarter for any
				purpose on the surface mining operations: Provided, That, the materials are
				measured by the pound. A report of the amount of explosives used per calendar
				quarter shall be submitted on forms prescribed by the Secretary with the fee.
				To verify the accuracy of the report and fee calculation, the Secretary may
				require copies of delivery records, blast logs, and inventories be submitted,
				as necessary. Upon request, operators shall make explosives delivery and
				inventory records available at the site, for inspection by the
				Secretary
7.3. Dedication of the
				Fee. -- The Secretary shall deposit all moneys received from the explosive
				material fees into a special revenue fund to be known as the "mountaintop
				removal fund" within the state treasury. These moneys shall be expended by the
				Explosives and Blasting Program and the Office of Coalfield Community
				Development, created by W. Va. Code §
									5B-2A-1 et seq, in the performance
				of their respective duties; Provided, However, that no explosive material fees
				collected from underground or surface mining operations specifically exempted
				from application of W. Va. Code §
									5B-2A-2(b) may be
				expended to fund the Office of Coalfield Community Development. All such fees
				shall be reserved and expended exclusively to fund the Explosives and Blasting
				Program For the purpose of this section; detonators, caps, detonating cords,
				and initiation systems shall be exempt from the calculation for explosive
				material fees. However, the Secretary may require reporting on the use of these
				products.
7.4. Expenditures. --
				Direct expenditures from the fees collected are not authorized, but shall be
				appropriated by the Legislature.
7.5. Sufficiency of Fees. -- After one year
				of collection of the explosive material fees and expenditure of the
				appropriations there from, the Secretary shall report to the Legislature
				whether the fees have provided sufficient revenue to fund the operation of both
				the Explosives and Blasting Program and the Office of Coalfield Community
				Development.
7.6. The Secretary is
				authorized, through the Treasurer's Office to invest the mountaintop removal
				fund with all interest earnings accrued to be returned to and be made part of
				the fund.
7.7. Noncompliance. --
				Failure to comply in a timely manner with the fee requirements of W. Va. Code
				§
									22-3A-1 et seq. and this rule may
				result in permit suspension or revocation in accordance with W. Va. Code §
									22-3-17.