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West Virginia Code
Chapter 22
3
Surface Coal Mining and Reclamation Act.
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22-3-1
Short title.
22-3-2
Legislative findings and purpose; jurisdiction vested in Division of Environmental Protection; authority of secretary; inter-departmental cooperation.
22-3-3
Definitions.
22-3-4
Reclamation; duties and functions of secretary.
22-3-5
Surface mining reclamation supervisors and inspectors; appointment and qualifications; salary.
22-3-6
Duties of surface mining reclamation inspectors and inspectors in training.
22-3-7
Notice of intention to prospect, requirements therefor; bonding; secretary's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions.
22-3-8
Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees.
22-3-9
Permit application requirements and contents.
22-3-10
Reclamation plan requirements.
22-3-11
Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.
22-3-11a
Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act.
22-3-12
Site-specific bonding; legislative rule; contents of legislative rule; legislative intent.
22-3-13
General environmental protection performance standards for surface mining; variances.
22-3-13a
Preblast survey requirements.
22-3-14
General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining.
22-3-15
Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps.
22-3-16
Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal.
22-3-17
Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief.
22-3-18
Approval, denial, revision and prohibition of permit.
22-3-19
Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; operator reassignment; and procedures to obtain inactive status.
22-3-20
Public notice; written objections; public hearings; informal conferences.
22-3-21
Decision of secretary on permit application; hearing thereon.
22-3-22
Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land designated unsuitable.
22-3-22a
Blasting restrictions; site specific blasting design requirement.
22-3-23
Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release.
22-3-24
Water rights and replacement; waiver of replacement.
22-3-25
Citizen suits; order of court; damages.
22-3-26
Surface mining operations not subject to article.
22-3-27
Leasing of lands owned by state for surface mining of coal.
22-3-28
Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an incidental part of development of land for commercial, residential, industrial or civic use; no cost reclamation contract.
22-3-29
Experimental practices.
22-3-30
Certification and training of blasters.
22-3-30a
Blasting requirements; liability and civil penalties in the event of property damage.
22-3-31
Conflict of interest prohibited; criminal penalties therefor; employee protection.
22-3-32
Special tax on coal production; mines and minerals operations fund.
22-3-32a
Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax.
22-3-33
Attorney fees and costs.
22-3-34
Office of explosives and blasting terminated; transfer of functions; responsibilities, personnel and assets.
22-3-35
Legislative rules on surface-mining blasting; disciplinary procedures for certified blasters.
22-3-36
Claims process for blasting.
22-3-37
Rules, orders and permits to remain in effect regarding blasting; proceedings not affected.
22-3-38
Transfer of personnel and assets.
22-3-39
Benefits derived from substances separated by treatment of pollution from mine drainage in the waters of the state; applicability.