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 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-13 - Blasting Crew

Current through Register Vol. XLI, No. 28, July 12, 2024
Persons who are not certified and who are assigned to a
				  blasting crew, or assist in the use of explosives, shall receive directions and
				  on-the-job training from 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-14 - Reciprocity With Other States

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director may enter into a reciprocal agreement with other
				  states wherein persons holding a valid certification in that state may apply
				  for certification in West Virginia, and upon approval by the Director, be
				  certified, without undergoing the training or examination requirements set
				  forth in 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 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. scope.
				Legislative rule pertaining to abandoned mine lands and reclamation fund
				objectives, responsibilities, funds, definitions, general reclamation
				requirements, eligibility, project evaluation, right of entry acquisition
				management and disposition of lands and water, procedures therefore and gifts,
				reclamation on private land, appraisals, liens, state reclamation plan and
				grants, audit, administrative procedures, costs and records.
1.2. Filing Date - April 26, 1995
1.3. Effective Date - June 1, 1995
1.4. Authority W. Va. Code
				22-1-3
				and
				22-1-3a
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-2 - General Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Definitions.
(a) The abadoned mine
				reclamation fund, is a trust fund established under Title 4 of the federal
				Surface Mining Control and Reclamation Act (PL-95-87) for the purpose of
				accumulating revenue designated for reclamation of abandoned mine lands and
				other activities authorized by the act.
(b) Allocate means the administrative
				identification in the records of the Office of Surface Mining Reclamation and
				Enforcement of moneys in the fund for a specific purpose; e.g., identification
				of moneys for exclusive use by the State of West Virginia.
(c) Emergency means a sudden danger or
				impairment that presents a high probability of substantial physical harm to the
				health, safety, or general welfare of people before the danger can be abated
				under normal program operation procedures.
(d) Expended means that moneys have been paid
				out by the state of West Virginia for work that has been accomplished or
				services rendered.
(e) Extreme
				danger means a condition that could reasonably be expected to cause substantial
				physical harm to persons, property, or the environment and to which persons or
				improvements on real property are currently exposed.
(f) Left or abandoned in either an
				unreclaimed or inadequately reclaimed condition means lands and water:
(1) Where all mining processes ceased and no
				current permit for continuing operations existed as of August 3, 1977, or, if a
				permit did exist on that date, but all mining processes had ceased, it has
				since lapsed and has not been renewed or superseded by a new permit as of the
				date of the request for reclamation assistance, and
(2) Which continue, in their present
				condition, to substantially degrade the quality of the environment, prevent or
				damage the beneficial use of land or water resources, or endanger the health or
				safety of the public.
(g) OSMRE means Office of surface Mining
				Reclamation and Enforcement, United States Department of the
				Interior.
(h) Reclamation
				activities means restoration, reclamation, abatement, control, or prevention of
				adverse effects of mining.
(i)
				Reclamation plan means a plan submitted and approved under OSMRE
				criteria.
(j) state reclamation
				program means a program established by West Virginia in accordance with this
				chapter for reclamation of land and water adversely affected by past mining,
				including the reclamation plan and annual applications for grants under the
				plan.
(k) means the West Virginia
Division of Environmental Protection
- The agency as
				designated by the Governor of West Virginia to administer the State reclamation
				program and to receive and administer grants under this part.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-3 - Abandoned Mine Reclamation Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
Objectives
. The objectives
				of this section are to provide an overview of the Abandoned Mine Land
				Reclamation Program responsibilities and to provide detailed procedures for
				administration of the Abandoned Mine Reclamation Fund.
3.2. Responsibilities.
(a) The West Virginia
Division of
				Environmental Protection
is responsible for administration of the
				Abandoned Mine Reclamation Fund and Abandoned Mine Land Reclamation Program for
				the state of west Virginia.
(b) The
				West Virginia
Division of Environmental Protection
is
				responsible for:
(1) Conducting reclamation
				activities where work is performed by the
Division
using the funds available from the Office of Surface Mining Reclamation and
				Enforcement:
(2) Preparing and
				submitting a state reclamation plan to the office of surface Mining Reclamation
				and Enforcement for the Abandoned Mine Land Reclamation Program;
(3) Submitting annual applications for
				grants, including descriptions of proposed projects;
(4) submitting requests to the Office of
				Surface Mining Reclamation and Enforcement for work to be done on non-coal
				mined lands,
(5) Submitting
				requests to the Office of surface Mining and Enforcement for construction of
				specific facilities in communities impacted by coal development;
(6) Conducting reclamation work in accordance
				with grant agreements;
(7)
				consulting with state and federal agencies as necessary and developing
				cooperative agreement; with the appropriate surface management agency when
				state or federal lands are considered for inclusion in a state reclamation
				program; and
(8) Submitting reports
				annually to the office of surface Mining Reclamation and Enforcement describing
				progress on previously funded projects.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-4 - General Reclamation Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Objectives.
The objectives
				of this section are to establish conditions for the use of the Abandoned Mine
				Reclamation Fund that are common to approved state reclamation programs and the
				reclamation activities conducted or funded directly by OSMRE.
4.2. Applicability. The provisions of this
				section apply to all reclamation projects to be carried out with money from the
				Fund.
4.3.
Eligible Lands and
				Water.
(a) Lands and water are
				eligible for reclamation activities if.
(1)
				They were mined or affected by raining processes,
(2) They were mined prior to August 3, 1977,
				and left or abandoned in either an unreclaimed or inadequately reclaimed
				condition, and
(3) There is no
				continuing responsibility for reclamation by the operator, permittee, or agent
				of the permittee under statutes of the state or federal government, or the
				state as a result of bond forfeiture. Bond forfeiture will render lands or
				water ineligible only if the amount forfeited is sufficient to pay the total
				cost of the necessary reclamation. In cases where the forfeited bond is
				insufficient to pay the total cost of reclamation, additional moneys from the
				Fund may be sought.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-5 - Rights Of Entry

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Consent to
				entry. -- The
WVDEP
shall take all reasonable actions
				to obtain written consent from the owner of record of the land or property to
				be entered in advance of such entry. The consent shall be in the form of a
				signed statement by the owner of record or his authorized agent which, as a
				minimum, includes a legal description of the land to be entered, the projected
				nature of the work to be performed on the land and any special conditions for
				entry. The statement shall not include any commitment by the
WVDEP
to perform reclamation work not to compensate
				the owner for entry.
5.2 Entry for
				studies or exploration.
(a) The
WVDEP
or its agents, employees, or contractors, shall
				have the right to enter upon any property for the purpose of conducting studies
				or exploratory work to determine the existence of adverse effects of past coal
				mining practices and the feasibility of restoration, reclamation, abatement,
				control, or prevention of such adverse effects.
(b) If the owner of the land to be entered
				under this section will not provide content to entry, the
WVDEP
shall-give notice in writing to the owner of its
				intent to enter for purposes of study and exploration to determine the
				existence of adverse effects of past coat mining practices which may be harmful
				to the public health, safety, or general welfare. The notice shall be by mail,
				return receipt requested, to the owner, if known, and shall include a statement
				of the reasons why entry is believed necessary. If the owner is not known, or
				the current mailing address of the owner is not known, or the owner is not
				readily available, the notice shall be posted in one (1) or more places on the
				property to be entered where it is readily visible to the public and advertised
				once in a newspaper of general circulation in the locality in which the land is
				located. Notice shall be given at least thirty (30) days before
				entry.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-6 - Acquisition, Management And Disposition Lands And Water

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
Land eligible for
				acquisition
.
(a) Land adversely
				affected by past coal mining practices may be acquired with monies from the
				Abandoned Mine Reclamation Fund if approved in advance by OSMRE. Prior to
				approval of the acquisition of such land, the OSMRE shall find in writing that
				acquisition is necessary for successful reclamation, and that.
(1) The acquired land will serve recreation,
				historic, conservation and reclamation purposes or provide open space benefits
				after restoration, reclamation, abatement, control, or prevention of the
				adverse effects of past coal mining practices, and
(2) Permanent facilities such as a mine
				drainage treatment plant or a relocated stream channel will be constructed on
				the land for the restoration, reclamation, abasement, control, or prevention of
				the adverse effects of past coal mining practices.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-7 - Reclamation On Private Land

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
Operations on private land.
- Reclamation activities may be
				carried out on private land if a consent to enter is obtained or if entry is
				required and made under section 5.3 of this rule.
(a) All monies received from disposal of land
				under this part shall be deposited in the appropriate abandoned mine
				reclamation fund.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02D - Rules And Regulations Pertaining To Abandoned Mine Land Reclamation › Section 38-2D-8 - State Reclamation Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
Objectives.
The objectives
				of this section are to assure that adequate information is provided by
WVDEP
to support its application for a grant and that
				funds granted to
WVDEP
are handled in accordance with
				applicable federal laws and, regulations.
8.2.
Authority.
WVDEP
may make application for grants under this
				section if the total amount of the grants does not exceed the moneys
				appropriated by the congress and specifically allocated to West Virginia under
				Public Law 95-87. OSMRE is responsible for assuring that any required approvals
				are obtained before the grant is made.
8.3.
Eligibility for grants.
WVDEP
is eligible for grants under this section if it
				has a state reclamation plan approved by OSMRE.
8.4.
Coverage and amount of
				grant.
(a)
WVDEP
may use monies granted under this section to
				administer the approved state reclamation program and to carry out the specific
				reclamation activities included in the plan and described in the annual grant
				agreement. The moneys may be used to cover direct costs to the agency for
				services and materials obtained from other state agencies or local governments
				if approved by OSMRE.
(b) Grants
				shall be approved for one hundred percent (100%) of the total agreed upon costs
				for reclamation of eligible land and water, construction of public facilities,
				program administration as specified in 8.3 of this section and the incremental
				cost of filling voids and seating tunnels with waste from mine waste piles
				reworked for conservation purposes.
(c) Grants shall be approved for up to ninety
				percent (90%) of the total agreed upon costs for acquisition of land or
				interest in land and any mineral or water rights associated with the land.
				Grants for proposed reclamation projects on these lands shall be approved in
				accordance with Section 8.4(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 38-02E - Division Of Energy Article 3 › Section 38-2E-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule is for the purpose of filing revised forms required by Chapter 22A,
				Article 3 of the West Virginia Code, and to change the rule title, all to
				conform to recent changes in State law and regulation.
1.2 Authority. - W.Va. Code §
									22-1-13
				and 22A-3-4.
1.3 Filing Date. -
				June 9, 1993
1.4 Effective Date. -
				September 1993
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02E - Division Of Energy Article 3 › Section 38-2E-2 - Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. All current
				forms and copies of any forms currently used under or required by Chapter 22A,
				Article 3 of the West Virginia Code are included with this series.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish a series of practices for the protection of groundwater
				which are to be followed by any person who conducts coal mining operations
				subject to the provisions of W. Va. Code §
									22-12-1 et
				seq. and subject to regulation under W. Va. Code §22-3, and/or under W.Va.
				Code §22-11, as it relates to coal mining operations.
1.2. Authority. -- W. Va. Code §
									22-12-5.
1.3. Filing Date. -- June 1, 2020.
1.4. Effective Date. July 1, 2020
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Act means the
				West Virginia Groundwater Protection Act, W. Va. Code §
									22-12-1 et
				seq.
2.2. Coal Mining Operation
				means any facility or activity which falls within the definition of "surface
				mine," "surface mining," or "surface mining operations" set forth in W. Va.
				Code §22-3-(3)(u).
2.3.
				Contaminant means any material in a solid, liquid or gaseous state that has the
				potential to cause contamination.
2.4. Contamination means any man-made or
				man-induced alteration of the chemical, physical, biological, or radiological
				integrity of the ground­water, resulting from activities regulated under
				this rule, in excess of existing groundwater quality, unless that activity or
				site has:
(1) been exempted pursuant to
				subsection 5(h) of the Act;
(2) has
				been granted a deviation or variance from existing quality as provided for in
				the Act; or
(3) is subject to an
				order, permit, or other regulatory action that requires restoration or
				maintenance of groundwater quality at a different concentration
				level.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-3 - Groundwater Protection Plans and Practices for Coal Mining Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Hydrologic and
				water quality protection practices established under the authority of W. Va.
				Code §22-11 or W. Va. Code §22-3 or W. Va. Code §22-30 and the
				legislative rules promulgated thereunder, were enacted in part to protect
				groundwater and are hereby incorporated by reference into this rule.
3.2. All coal mining operations which are not
				subject to the exemption set forth in subsection (h), Section 5 of the Act,
				shall conduct groundwater protection practices, and prepare and implement
				groundwater protection plans, as set forth in this rule. All exempted coal
				mining operations must conduct groundwater protection practices consistent with
				W. Va. Code §
									22-11-1 et
				seq, and W. Va. Code §
									22-3-1 et
				seq. Exempted operations are not subject to the existing quality or to the
				related provisions of subsections (f) and (g), Section 5 of the Act. Further,
				exempted operations are not subject to water quality standards promulgated by
				the Environmental Quality Board pursuant to the Act. Such operations shall
				nonetheless be designed, constructed, operated, maintained, and closed in such
				manner as to reasonably protect groundwater from contamination.
3.3. Groundwater Protection Plans.
3.3.a. Each groundwater protection plan shall
				at a minimum contain the following:
3.3.a.1.
				An inventory of all operations and activities that are not exempted operations
				and may reasonably be expected to contaminate ground­water, and an
				indication of the current existence of and the potential for groundwater
				contamination. These include, but are not limited to, evaluation of materials
				handling areas, loading and unloading areas, equipment cleaning, maintenance
				activities, pipelines carrying contaminants, sumps and tanks containing
				contaminants.
3.3.a.2. A
				description of new and/or existing controls or activities to protect
				groundwater from the identified potential contamination sources.
3.3.a.3. Schedules and procedures for
				employee training addressing the prevention of groundwater
				contamination.
3.3.a.4. Provisions
				for inspections to be conducted by the operator at least every six (6) months
				to ensure that all elements of the coal mining operation's groundwater
				protection program are in place, properly functioning, and appropriately
				managed.
3.3.a.5. Groundwater
				monitoring procedures as deemed appropriate for the facility and/or as required
				by the Secretary.
3.3.a.6. A
				discussion of all information reasonably available to the facility/activity
				regarding existing groundwater quality at, or which may be affected by, the
				site.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-4 - Monitoring

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pursuant to W.
				Va. Code §22-3 and W. Va. Code §22-11, the Secretary may require
				placement and maintenance of a reasonable number of groundwater monitoring
				stations (such as piezometers, monitoring wells, or springs) at coal mining
				operations in order to monitor for groundwater contamination and water levels.
				Existing facilities not currently monitoring groundwater shall do so if
				required by the Secretary.
4.2. In
				addition to the base line groundwater information required by CSR
				38-2-3.22
				and monitoring required by CSR
				38-2-14.7,
				Secretary may require such other base line data and monitoring as he determines
				appropriate to meet the requirements of these, rules or the Act. A waiver of
				groundwater monitoring granted under CSR
				38-2-14.7(c)
				may operate as a waiver for the purposes of these. rules and the Act if, in
				addition to the demonstration required by CSR
				38-2-14.7(c),
				the applicant demonstrates, and the Secretary finds in writing that monitoring
				is not necessary for the purposes of the Act or these rules.
4.3. Groundwater monitoring stations shall be
				located and maintained, or drilled, constructed, and maintained in a manner
				that allows accurate determination of groundwater quality and levels, and
				prevents contamination of groundwater through the finished well hole or
				casing.
4.4. Groundwater monitoring
				stations shall be designed and installed in accordance with applicable rules
				promulgated pursuant to the Act.
4.5. All groundwater monitoring stations
				shall be accurately located, utilizing latitude and longitude, by surveying or
				other acceptable means, and the coordinates shall be included with all data
				collected.
4.6. Data Management -
				The Secretary may at his discretion require submittal of any or all
				ground­water monitoring data collected in association with a regulated
				activity and may further specify an electronic format in which the data is to
				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 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Coal mining
				operations shall be subject to the fee schedule and fee payment requirements as
				set forth in CSR 47-55-1 et seq. Failure to remit fees when and as due is a
				violation of these rules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-6 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. It shall be
				unlawful for any person, unless an authorization has been issued by a
				groundwater regulatory agency, to deliberately allow crude oil, or any
				petroleum product derived from crude oil, or septage, or natural gas, or salt
				water, or any chemical mixture which may contaminate groundwater to escape from
				any well, pipeline, impoundment, storage tank, treatment unit, equipment, or
				storage container, or to deliberately allow such materials to flow onto or
				under the land surface in a manner that could contaminate groundwater.
Note: 47CSR11 requires all spills and accidental
				  discharges to be reported by calling 1-800-642-3074.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-7 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person who
				violates the Act or these rules shall be subject to applicable civil and
				criminal penalties, injunctive relief, enforcement orders, and procedures as
				set forth in section 10 of the Act.
7.2. The appeal and review procedures set
				forth in section 11 of the Act shall be applicable to actions arising under
				these rules.
7.3. Civil penalties
				for violations of these rules shall be assessed by the Secretary in accordance
				with CSR 47-56.
7.4. Violations by
				a coal operator, arising from acts or omissions subject solely to these, rules
				or the Act, shall not be counted toward a pattern of violations or in
				determining the history of violations pursuant to W. Va. Code §22-3, and
				rules pursuant thereto.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-8 - Remediation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. For all
				non-exempt coal mining operations, The Secretary may conduct or order other
				persons to conduct remedial actions which are appropriate to the type and
				extent of contamination, and which are subject to applicable permit conditions
				and variances and deviations from existing water quality and water quality
				standards that are allowed under the Act. The Secretary encourages agreements
				for investigation and cleanups in appropriate cases.
8.2. The use of permanent solutions to the
				maximum extent practical to correct groundwater contamination is
				preferred.
8.3 Cleanup actions shall
				not rely primarily on dilution and dispersion of the substance if active
				remedial measures are technically and economically feasible, as determined by
				the Secretary. Natural attenuation of groundwater contamination may be an
				appropriate remediation response.
8.4 Adequate groundwater monitoring shall be
				conducted to demonstrate control and containment of the substance. The
				Secretary shall specify which parameters should be monitored in a remedial
				operation. The groundwater monitoring must continue until results assure
				adequate remedial action was taken.
8.5. In addition to any required remediation,
				the Secretary may order the facility or activity to mitigate or compensate for
				the loss of beneficial use of groundwater, or for any significant adverse
				impact to groundwater.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-9 - Applicability of Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				The Secretary may, to the extent authorized by the Act, waive some or all of
				the requirements of this rule upon determining in writing that such
				requirements are not necessary to protect groundwater from
				contamination.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02F - Groundwater Protection Rules for Coal Mining Operation › Section 38-2F-10 - Appropriateness Study

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Environmental Protection Advisory Council shall conduct a study and report back
				to the Joint Committee on Government and Finance on or before November 1, 1995.
				The study shall be an evaluation of the appropriateness and effectiveness of
				these rules and shall include any recommendations, modifications, or
				alternatives thereto.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative rule establishes general and specific rules for quarrying and
				reclamation operations including requirements for definitions, permit
				application requirements and contents; bond and bond pooling fund; haulageways
				and transportation facilities; blasting; drainage system; method of operation;
				excess spoil disposal; revegetation and standards for evaluating vegetative
				cover; mapping, approved person, and markers; transfer or sale of permit
				rights; public hearings, annual Bonding Progress Report Map and permit
				renewals, permit modification; inspection and enforcement; final release of
				bond or bond pooling fund, final inspection report; state and federal
				compliance.
1.2. Authority. -- W.
				Va. Code §§
									22-1-3 and
				22-4-1 et seq.
1.3. Filing Date. -- April 28,
				2023.
1.4. Effective Date. -- April
				28, 2023.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-3 - Permit Application Requirements and Contents

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Advertisement.
3.1.a. Advertisement Information. -- Each
				advertisement shall contain at a minimum a clear and accurate location map of a
				scale and detail found in the West Virginia County Highway Map. The map size
				shall be at a minimum four inches (4") x four inches (4"). A north arrow and
				longitude and latitude lines shall be indicated on the map, and such lines
				shall cross at or near the center of the proposed permit area;
3.1.b. Certification of Publication. -- The
				advertisement and publication dates for all permit applications, permit renewal
				applications, applications for modification of a permit, and transfer
				assignment and sale of permits, shall be certified and notarized by the
				publishing newspaper. The certificate of publication shall be made a part of
				the application.
3.1.c.
				Readvertisement. -- After an application has been advertised in accordance with
				W. Va. Code §
										22-4-6(b) and is
				determined by the Secretary to have had a limited number of minor changes that
				do not significantly affect the health, safety or welfare of the public, the
				method of operation, the quarrying and reclamation plan, or the original
				advertisement, he or she may require one (1) additional advertisement to be
				published with a ten (10) day public comment period. Changes to the permit
				application which do significantly affect the health, safety or welfare of the
				public, the method of operation, the quarrying and reclamation plan or the
				original publication shall require a full readvertisement in accordance with W.
				Va. Code §
										22-4-6(b).
3.1.d. Renotification. -- A renotification
				letter shall be sent to all commentors of a quarrying application when a
				determination has been made by the Secretary that full readvertisement is
				required.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-4 - Bond and Bond Pooling Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Operators who have operated for less than five (5) years under West Virginia
				mining laws shall post a performance bond for each acre previously disturbed
				and each acre proposed to be disturbed during the next ensuing year. The
				operator shall provide an estimate of the reclamation liability for the permit
				area based upon the proposed quarrying and reclamation plan. Documentation
				shall be provided to ensure that the bond provided is equal to or greater than
				the reclamation liability. For the purpose of this section, disturbed acres do
				not include reclaimed areas that meet the release requirements of section 17.1
				of these rules. The minimum bond for each permit is ten thousand dollars
				($10,000).
4.2. Operators or
				persons who have operated for five (5) or more years under West Virginia mining
				laws without a serious violation shall contribute to the bond pooling fund. For
				each permit, permittees contributing to the fund shall make an initial payment
				of fifty dollars ($50) for each acre or fraction thereof currently disturbed.
				For each acre or fraction thereof estimated to be newly disturbed during the
				next ensuing year, the payment shall be fifty dollars ($50). Thereafter, the
				permittee shall make an annual payment of twelve dollars and fifty cents
				($12.50) for each disturbed acre or fraction thereof until the permittee has
				paid into the fund a total of one thousand dollars ($1,000) for each disturbed
				acre.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-5 - Haulageways and Transportation Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General. -- Each permittee shall design,
				construct, utilize, and maintain roads, railroad loops, spurs, sidings, surface
				conveyor systems, chutes, aerial tram ways and other transportation facilities
				located outside the mineral extraction area, processing areas or excess spoil
				disposal areas to meet the requirements of this rule and to control or minimize
				erosion and siltation, air and water pollution, and to prevent damage to public
				or private property.
5.2. Plans. --
				Typical sections showing width of road cut, fill slopes, surface material of
				the road, sediment control, a center line profile with grades, sumps, culvert
				pipe location and size, and other transportation facilities shall be included
				in the permit application. The design of haulageways located outside the
				mineral extraction area, processing areas or excess spoil disposal areas shall
				be certified by a qualified registered professional engineer, licensed land
				surveyor, or approved person as being in accordance with specifications of this
				rule.
5.3. Location Markings. --
				The location of the proposed haulageway or other transportation facility shall
				be identified on the site by visible markings on one-hundred-foot (100')
				centers at the time the quarrying and reclamation plan is pre-inspected, and
				prior to commencement of construction. Existing roads are exempt from this
				requirement.
5.4. Grading. -- The
				grading of a haulageway shall be such that:
5.4.a. No sustained grade shall exceed ten
				percent (10%);
5.4.b. The maximum
				grade shall not exceed fifteen percent (15%) for three hundred foot
				(300');
5.4.c. There shall not be
				more than three hundred feet (300') of maximum grade for each one thousand feet
				(1,000') of road constructed;
5.4.d. The surface shall be sloped toward the
				ditch line at the minimum rate of one-half inch (1/2") per foot of surface
				width, or crowned at the minimum rate of one-half inch (1/2") per foot of
				surface width, as measured from the center line of the haulageway;
				and
5.4.e. The grade on switchback
				curves shall be reduced to less than the approach grade and shall not be
				greater than ten percent (10%).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-6 - Blasting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Requirements.
				-- Each operator shall comply with all applicable state and federal laws
				relating to the transportation, storage, and use of explosives. The operator
				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 Plan.
				-- Each application for a permit, where blasting is anticipated, shall include
				a blasting plan. The blasting plan shall explain how the applicant shall comply
				with the blasting requirements of W. Va. Code §22-4, this rule, and the
				terms and conditions of the permit. This plan shall include, at a minimum,
				information setting forth the limitations the operator shall meet with regard
				to ground vibration and airblast, the basis for those limitations, and the
				methods to be applied in controlling the adverse effects of blasting
				operations.
6.3. Written
				Notification. -- At least thirty (30) days prior to blasting operations,
				written notification of blasting operations which detonate five (5) pounds or
				more of explosives at any given time, shall be delivered in person or by
				certified mail to each residence, and owners of protected structures, adjacent
				to any part of the proposed operation. A written receipt of delivery or the
				United States Postal Service certified receipt of notification shall be
				maintained with the blasting log. The notification shall contain at a minimum:
6.3.a. Name, address, telephone number, and
				an emergency contact phone number of the operator;
6.3.b. Identification of the specific areas
				in which blasting shall take place;
6.3.c. A general schedule when explosives are
				to be detonated; and
6.3.d. Types
				and patterns of audible warning, and all clear signals to be used before and
				after blasting.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-7 - Drainage System

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Drainage
				Plan. -- There shall be submitted with the application for a quarrying permit a
				drainage plan which shows the proposed method of drainage control on and away
				from the area of land to be disturbed. Said plan shall indicate the location of
				sediment control structures, the location of all water test sites, a
				description of treatment facilities, and all other data as may be
				required.
7.2. Natural Drainways.
				-- Natural drainways in the area of land disturbed by quarrying operations
				shall be kept free of overburden except where overburden placement has been
				approved. Such drainways shall be identified on the maps submitted with the
				application. Overburden placement and haulageways across natural drainways
				shall be constructed so as not to materially increase the sediment load in the
				stream.
7.3. Constructed Drainways.
7.3.a. Ditch Above Highwall. -- All surface
				water which drains into the pit may be effectively intercepted on the uphill
				side of the highwall by diversion ditches or other suitable and adequate
				drainage structures and conveyed by adequate channels or other suitable means
				of discharge to natural drainways outside the disturbed area.
7.3.b. Ditch on Bench. -- Drainage ditches or
				other suitable structures shall be constructed on the bench in order to carry
				off storm, surface or seepage water. The breaking point for ditches on the
				bench shall fall at or near the midpoint between natural or constructed
				drainways. In no case shall water be discharged over an unprotected spoil slope
				or across unprotected disturbed area. Removal of water from the bench shall be
				accomplished by use of adequate pipe, a rock riprap flume, asphalt or concrete
				chutes, or by grading a channel to non-erosive rock.
7.3.c. Ditch Below Spoil Slope. -- All
				surface water draining off the disturbed area shall be intercepted by suitable
				and adequate diversion ditches or berms which will carry the water to suitable
				drainage control structures before discharge into a natural drainway. These
				ditches shall be located as close as practicable to the anticipated
				disturbance. If at any time spoil material interferes with the flow of water in
				these ditches, that material shall be cleaned out immediately. The Secretary
				may, in the exercise of his sound discretion, when not in conflict with W. Va.
				Code §22-4, as amended, waive 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 38-03 - Rules For Quarrying And Reclamation › Section 38-3-8 - Method of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Operator Responsibility. -- In planning and executing quarrying operations, the
				operator shall have, at all times, proper regard for all requirements imposed
				by W. Va. Code §22-4, as amended, all rules adopted pursuant thereto, and
				all provisions of the approved permit.
8.2. Topsoiling or Other Material Suitable
				for the Post Mining Land Use. - Topsoil or other suitable material necessary
				for reclamation and revegetation shall be removed in a separate layer and
				distributed over the backfilled or disturbed area, or if not utilized
				immediately, segregated and stockpiled in a separate location as specified in
				the permit. Topsoil not immediately utilized shall be protected from wind and
				water erosion.
8.2.a. Any material used for
				topsoiling must be capable of supporting and maintaining the approved post
				quarrying land use. This determination of capability shall be based on the
				results of appropriate chemical and physical analysis of overburden and
				topsoil
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-11 - Mapping, Approved Persons, and Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Scale for Maps. -- The scale required
				for all maps and plans prepared for submission with an application for a
				quarrying permit shall be as follows:
11.1.a.
				Scale on a U.S. geological survey topographic seven-point five (7.5) minute
				quadrangle shall be enlarged to five hundred feet (500') or less to the inch;
				and
11.1.b. Scale on aerial
				photographs shall be six hundred sixty feet (660') or less to the
				inch.
11.1.c. Written approval from
				the Secretary shall be required prior to the submission of maps drawn to any
				scale other than those set forth by 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 38-03 - Rules For Quarrying And Reclamation › Section 38-3-12 - Transfer or Sale of Permit Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Secretary may grant written
				approval for the transfer or sale of a permit under the following terms and
				conditions:
12.1.a. Transfer of permits. --
				When the interest of a permittee of any quarrying operation is sold, leased,
				assigned or otherwise disposed of, the transferee shall file an application for
				transfer within thirty (30) days. The application for transfer or sale shall be
				set forth on forms prescribed by the Secretary;
12.1.b. Approval of the application for
				transfer or sale of a permit may be granted upon a written finding by the
				Secretary that the applicant shall conduct mining operations in accordance with
				the purposes and intent of the Act, this rule, and the terms and conditions of
				the permit. Such findings shall be based on information set forth in the
				application for transfer or sale, and any other information made available to
				the Secretary. Such approval may be granted in advance of the close of the
				public comment period provided; that where information is made available to the
				Secretary precludes approval, such approval shall be immediately
				withdrawn;
12.1.c. Each application
				for a transfer or sale of a permit shall contain a sworn statement as follows:
				"The information contained in this application is true and correct to the best
				of my knowledge and belief." Such statement shall be signed by a principal
				officer of the applicant and shall be notarized; and
12.1.d. Any person who, through whatever
				means, assumes ownership or control directly or indirectly of a quarrying
				operation must be eligible to receive a permit and shall become responsible for
				the correction of all outstanding unabated violations, unpaid fees or penalties
				for the operation.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-03 - Rules For Quarrying And Reclamation › Section 38-3-13 - Public Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Public Hearing.
13.1.a. Any request for a
				public hearing for a new permit or major modification of a permit shall be in
				writing and received by the Secretary before the close of the public comment
				period. The request shall identify the company name and QMA or permit
				number.
13.1.b. Those requesting
				the public hearing shall be notified, and the date, time, and location of the
				public hearing shall also be advertised by the Secretary in a newspaper of
				general circulation in the county or counties in which any portion of the
				proposed permit area is located least one (1) week prior to the scheduled
				hearing date.
13.1.c. The
				Secretary's authorized agent shall preside over the public hearing.
13.1.d. In the event all parties requesting
				the public hearing stipulate agreement prior to the hearing and withdraw their
				request, a hearing need not be held.