Surface Coal Mining and Reclamation Act

West Virginia · Uniform Environmental Covenants Act · §§ 22-3-1 to 22-3-9 · 44 sections

Overview

This act regulates surface coal mining and reclamation, placing those operations — along with related exploration activity and the surface effects of underground mining — under the oversight of a state commission empowered to adopt rules, issue permits, and enforce compliance. Operators must obtain a permit before mining, submitting reclamation and blasting plans, proof of liability insurance, and application fees, subject to public inspection of the application and notice requirements, with limited exemptions for small operations and certain other activities. It also creates a petition-and-hearing process for designating land as unsuitable for surface coal mining, protects prime farmland, water rights, and aquifers, and provides for blaster certification, ongoing monitoring and inspection, and cooperative agreements with the federal government.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 80 court decisions.

Most-cited authority: 248 F.3d 275 - Bragg v. West Virginia Coal Ass'n

Sections covered

W. Va. Code § 22-3-1Short title25 cites
W. Va. Code § 22-3-10Reclamation plan requirements2 cites
W. Va. Code § 22-3-11Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability10 cites
W. Va. Code § 22-3-11aSpecial 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
W. Va. Code § 22-3-12Site-specific bonding; legislative rule; contents of legislative rule; legislative intent2 cites
W. Va. Code § 22-3-13General environmental protection performance standards for surface mining; variances2 cites
W. Va. Code § 22-3-13aPreblast survey requirements
W. Va. Code § 22-3-14General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining1 cite
W. Va. Code § 22-3-15Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps
W. Va. Code § 22-3-16Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal
W. Va. Code § 22-3-17Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief6 cites
W. Va. Code § 22-3-18Approval, denial, revision and prohibition of permit2 cites
W. Va. Code § 22-3-19Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; operator reassignment; and procedures to obtain inactive status2 cites
W. Va. Code § 22-3-2Legislative findings and purpose; jurisdiction vested in Division of Environmental Protection; authority of secretary; inter-departmental cooperation5 cites
W. Va. Code § 22-3-20Public notice; written objections; public hearings; informal conferences
W. Va. Code § 22-3-21Decision of secretary on permit application; hearing thereon
W. Va. Code § 22-3-22Designation 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 unsuitable2 cites
W. Va. Code § 22-3-22aBlasting restrictions; site specific blasting design requirement
W. Va. Code § 22-3-23Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release
W. Va. Code § 22-3-24Water rights and replacement; waiver of replacement2 cites
W. Va. Code § 22-3-25Citizen suits; order of court; damages5 cites
W. Va. Code § 22-3-26Surface mining operations not subject to article
W. Va. Code § 22-3-27Leasing of lands owned by state for surface mining of coal
W. Va. Code § 22-3-28Special 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
W. Va. Code § 22-3-29Experimental practices
W. Va. Code § 22-3-3Definitions8 cites
W. Va. Code § 22-3-30Certification and training of blasters
W. Va. Code § 22-3-30aBlasting requirements; liability and civil penalties in the event of property damage
W. Va. Code § 22-3-31Conflict of interest prohibited; criminal penalties therefor; employee protection
W. Va. Code § 22-3-32Special tax on coal production; mines and minerals operations fund
W. Va. Code § 22-3-32aSpecial tax on coal; clarification of imposition of tax; procedures for collection and administration of tax
W. Va. Code § 22-3-33Attorney fees and costs
W. Va. Code § 22-3-34Office of explosives and blasting terminated; transfer of functions; responsibilities, personnel and assets
W. Va. Code § 22-3-35Legislative rules on surface-mining blasting; disciplinary procedures for certified blasters
W. Va. Code § 22-3-36Claims process for blasting
W. Va. Code § 22-3-37Rules, orders and permits to remain in effect regarding blasting; proceedings not affected
W. Va. Code § 22-3-38Transfer of personnel and assets
W. Va. Code § 22-3-39Benefits derived from substances separated by treatment of pollution from mine drainage in the waters of the state; applicability
W. Va. Code § 22-3-4Reclamation; duties and functions of secretary
W. Va. Code § 22-3-5Surface mining reclamation supervisors and inspectors; appointment and qualifications; salary
W. Va. Code § 22-3-6Duties of surface mining reclamation inspectors and inspectors in training
W. Va. Code § 22-3-7Notice of intention to prospect, requirements therefor; bonding; secretary's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions
W. Va. Code § 22-3-8Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees2 cites
W. Va. Code § 22-3-9Permit application requirements and contents4 cites

Enacted in other states

Arkansas, Texas

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